Vol. 80 Friday, No. 44 March 6, 2015

Pages 12071–12320

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 80, No. 44

Friday, March 6, 2015

Agriculture Department Defense Acquisition Regulations System See Farm Service Agency NOTICES See Food Safety and Inspection Service Acquisition of Items for Which Federal Prison Industries See Forest Service has a Significant Market Share, 12157–12158 NOTICES Agency Information Collection Activities; Proposals, Defense Department Submissions, and Approvals, 12139, 12144–12145 See Defense Acquisition Regulations System NOTICES Centers for Disease Control and Prevention Meetings: NOTICES Uniform Formulary Beneficiary Advisory Panel, 12158 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12178–12179 Energy Department See Federal Energy Regulatory Commission Centers for Medicare & Medicaid Services RULES NOTICES Energy Conservation Program: Agency Information Collection Activities; Proposals, Energy Conservation Standards for Walk-in Coolers and Submissions, and Approvals, 12180–12182 Freezers; Correction, 12078–12079

Civil Rights Commission Environmental Protection Agency NOTICES RULES Meetings: Air Quality State Implementation Plans; Approvals and Kansas Advisory Committee; Seclusion and Restraint of Promulgations: Children with Disabilities, 12145 2008 National Ambient Air Quality Standards for Ozone, 12264–12319 Coast Guard Significant New Use Rules: RULES Pentane 1,1,1,2,3,3–hexafluoro–4–(1,1,2,3,3,3– Drawbridge Operations: hexafluoropropoxy)–, 12083–12087 Cheesequake Creek, Morgan, NJ, 12083 PROPOSED RULES Harlem River, New York City, NY, 12082–12083 Air Quality State Implementation Plans; Approvals and Oakland Inner Harbor, Alameda, CA, 12082 Promulgations: NOTICES Kansas; Infrastructure SIP Requirements for the 2010 Meetings: Sulfur Dioxide National Ambient Air Quality Merchant Marine Personnel Advisory Committee, 12187– Standard, 12109–12120 12188 NOTICES Merchant Mariner Medical Advisory Committee, 12188– Environmental Impact Statements; Availability, etc.; 12189 Weekly Receipts, 12172–12173 Implementation of New Labels: Commerce Department Design for the Environment Safer Product Labeling See Foreign-Trade Zones Board Program, etc., 12171–12172 See International Trade Administration Land-Ban Exemptions: See National Oceanic and Atmospheric Administration ArcelorMittal Burns Harbor, LLC, 12170–12171

Committee for Purchase From People Who Are Blind or Farm Service Agency Severely Disabled NOTICES NOTICES Agency Information Collection Activities; Proposals, Procurement List; Additions and Deletions, 12156 Submissions, and Approvals: Debt Settlement Policies and Procedures, 12138–12139 Comptroller of the Currency NOTICES Federal Aviation Administration Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals: Airworthiness Directives: Recordkeeping Requirements for Securities Transactions, Airbus Airplanes, 12094–12097 12261–12262 NOTICES Los Angeles International Airport; Scheduling Season; Corporation for National and Community Service Schedule Information Submission Deadline, 12253– NOTICES 12254 Agency Information Collection Activities; Proposals, Petitions for Exemption; Summaries, 12247 Submissions, and Approvals: Release of Airport Property: Generic Clearance for the Collection of Qualitative Rocky Mountain Metropolitan Airport, Broomfield, CO, Feedback on Agency Service Delivery, 12156–12157 12260–12261

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Federal Communications Commission Federal Trade Commission RULES NOTICES Cable Communications Policy Act; Cable Television Agency Information Collection Activities; Proposals, Consumer Protection and Competition Act; Submissions, and Approvals, 12177–12178 Implementation, 12088–12091 Analysis of Proposed Consent Order to Aid Public PROPOSED RULES Comment: Operation of Radar Systems in the 76–81 GHz band, 12120– AmeriFreight, Inc. and Marius Lehmann, 12176–12177 12136 NOTICES Food and Drug Administration Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals, 12173 Oral Dosage Form New Animal Drugs; CFR Correction, 12081 Federal Election Commission RULES Food Safety and Inspection Service Independent Expenditures and Electioneering NOTICES Communications by Corporations and Labor Agency Information Collection Activities; Proposals, Organizations, 12079 Submissions, and Approvals: NOTICES Gathering Sessions for Safe Food Handling Instructions, Filing Dates For The New York Special Election in the 11th 12142–12144 Congressional District, 12173–12174 Meetings; Sunshine Act, 12174–12175 Foreign-Trade Zones Board NOTICES Federal Energy Regulatory Commission Authorization of Production Activity: NOTICES MH Wirth, Inc., Foreign-Trade Zone 82, Theodore, AL, Applications: 12156 East Tennessee Natural Gas, LLC, 12160–12161 Moriah Hydro Corp., 12162–12163 Forest Service Tennessee Gas Pipeline Co., LLC, 12167–12168 NOTICES Combined Filings, 12159–12160, 12166–12167 Environmental Impact Statements; Availability, etc.: Environmental Assessments; Availability, etc.: Land Management Plan Revisions, Flathead National Ozark Gas Transmission, LLC; Ozark Abandonment Forest, MT; Helena, Kootenai, Lewis and Clark, and Project, 12169–12170 Lolo National Forest Plan Amendments, etc., 12139– Environmental Impact Statements; Availability, etc.: 12142 Dominion Transmission, Inc. and Atlantic Coast Pipeline, Meetings: LLC; Supply Header and Atlantic Coast Pipeline Forest Resource Coordinating Committee, 12142 Projects; Meetings, 12163–12166 Filings: Health and Human Services Department Alexandria, LA, 12161 See Centers for Disease Control and Prevention Meetings: See Centers for Medicare & Medicaid Services Available Transfer Capability Standards for Wholesale See Food and Drug Administration Electric Transmission Services; Workshop, 12170 See Health Resources and Services Administration Yuba County Water Agency, Study Plan, 12159 See National Institutes of Health Requests under Blanket Authorization: NOTICES Equitrans, LP, 12168–12169 Agency Information Collection Activities; Proposals, Section 206 Proceedings and Refund Effective Dates: Submissions, and Approvals, 12186 FortisUS Energy Corp.; Central Hudson Gas and Electric Corp.; Tucson Electric Power Co.; et al., 12162 Health Resources and Services Administration Staff Attendances, 12161–12162 NOTICES Waivers: Agency Information Collection Activities; Proposals, Targa NGL Pipeline Co., LLC, 12159 Submissions, and Approvals, 12179–12180 Meetings: Federal Motor Carrier Safety Administration Council on Graduate Medical Education, 12184 PROPOSED RULES Requests for Nominations: Minimum Training Requirements for Entry-Level Drivers of Advisory Committee on Interdisciplinary, Community- Commercial Motor Vehicles, 12136–12137 Based Linkages, 12183 NOTICES Qualification of Drivers; Exemption Applications: Homeland Security Department Vision, 12248–12255 See Coast Guard See U.S. Customs and Border Protection Federal Reserve System NOTICES Housing and Urban Development Department Changes in Bank Control: NOTICES Acquisitions of Shares of a Bank or Bank Holding Agency Information Collection Activities; Proposals, Company, 12175 Submissions, and Approvals: Formations of, Acquisitions by, and Mergers of Bank Application for Resident Opportunity and Self Holding Companies, 12175 Sufficiency Grant Forms, 12191–12192 Proposals to Engage in or to Acquire Companies Engaged in Inspector Candidate Assessment Questionnaire, 12191 Permissible Nonbanking Activities, 12175 Re-entry Assistance Program, 12190

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Response to Demands in Legal Proceedings Among National Highway Traffic Safety Administration Private Litigants; Production of Material or Provision NOTICES of Testimony, 12192–12193 Meetings: Federal Property Suitable as Facilities to Assist the National Emergency Medical Services Advisory Council, Homeless, 12191 12259–12260

Indian Affairs Bureau National Institutes of Health NOTICES NOTICES Alcoholic Beverage Control Ordinances: Meetings: Salt River Pima-Maricopa Indian Community, 12193 Center for Scientific Review, 12184–12186 Rate Adjustments: National Eye Institute, 12184 Indian Irrigation Projects, 12197–12203 National Institute of General Medical Sciences, 12182– 12183, 12186–12187 Interior Department National Institute on Aging, 12182 See Indian Affairs Bureau See Land Management Bureau See Ocean Energy Management Bureau National Oceanic and Atmospheric Administration RULES Boundary Expansions: Internal Revenue Service Thunder Bay National Marine Sanctuary; Effective Date, PROPOSED RULES 12079–12080 Reporting Income and Deductions of a Corporation that NOTICES Becomes or Ceases to Be a Member of a Consolidated Agency Information Collection Activities; Proposals, Group, 12097–12104 Submissions, and Approvals: List of Gear by Fisheries and Fishery Management International Trade Administration Council, 12154 NOTICES Scientific Research, Exempted Fishing, and Exempted Antidumping or Countervailing Duty Investigations, Orders, Activity Submissions, 12155 or Reviews: Submission of Conservation Efforts to Make Listings Certain Frozen Warmwater Shrimp from India, 12147– Unnecessary under the Endangered Species Act, 12152 12146–12147 Endangered and Threatened Species: International Trade Commission Staghorn and Elkhorn Corals; Final Recovery Plan, 12146 Meetings: NOTICES New England Fishery Management Council, 12154–12156 Investigations; Determinations, Modifications, and Rulings, Schedules for Atlantic Shark Identification Workshops etc.: and Protected Species Safe Handling, Release, and Certain Devices Containing Non-Volatile Memory and Identification Workshops; Correction, 12152–12154 Products Containing the Same, 12205

Justice Department National Science Foundation PROPOSED RULES NOTICES Determination that an Individual Shall not be Deemed an Meetings: Employee of the Public Health Service, 12104–12109 Advisory Committee for Geosciences, 12206 Advisory Committee for International Science and Engineering, 12206–12207 Labor Department Federal-Commercial Spectrum Sharing; Models, NOTICES Application and Impacts of Incentives for Sharing; Agency Information Collection Activities; Proposals, Workshop, 12207 Submissions, and Approvals: Youth CareerConnect Impact and Implementation Evaluation, 12205–12206 Nuclear Regulatory Commission RULES Land Management Bureau Approved Spent Fuel Storage Casks: NOTICES Holtec International HI–STORM Underground Maximum Environmental Impact Statements; Availability, etc.: Capacity Canister Storage System, 12073–12078 California Desert Conservation Area Plan in the West NOTICES Mojave Planning Area, Inyo, Kern, Los Angeles and Meetings; Sunshine Act, 12208 San Bernardino Counties, CA, 12194–12195 Request for a License to Export Deuterium, 12207–12208 Desert Quartzite Solar Project; Amendments to the California Desert Conservation Area Plan, Riverside Ocean Energy Management Bureau County, CA, 12195–12196 NOTICES Oil and Gas Lease Sales: Maritime Administration Western Planning Area Lease Sales 246 and 248, Outer NOTICES Continental Shelf, Gulf of Mexico, 12203–12204 Use of Foreign-Flag Anchor Handling Vessels in the Oil and Gas Leasing Program: Beaufort Sea or Chukchi Sea Adjacent to Alaska, 12256 Outer Continental Shelf, 12204

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Pension Benefit Guaranty Corporation Tete-a-Tete—Three Masterpieces from the Musee d’Orsay, NOTICES 12247 Agency Information Collection Activities; Proposals, Delegations of Authority, 12245–12246 Submissions, and Approvals: Meetings: Annual Financial and Actuarial Information Reporting; International Security Advisory Board, 12245 Corrections, 12208 Surface Transportation Board Personnel Management Office NOTICES NOTICES Control Exemptions: Agency Information Collection Activities; Proposals, Eric Bickleman and Robert Lowe; Elizabethtown Submissions, and Approvals: Industrial Railroad, LLC, 12247–12248 Certificate of Medical Examination, 12209 Operation Exemptions: Elizabethtown Industrial Railroad, LLC; Rail Holdings, Presidential Documents Inc., 12256–12257 ADMINISTRATIVE ORDERS Ukraine Freedom Support Act of 2014; Delegation of Transportation Department Authority (Memorandum of February 19, 2015), 12071 See Federal Aviation Administration Securities and Exchange Commission See Federal Motor Carrier Safety Administration NOTICES See Maritime Administration Agency Information Collection Activities; Proposals, See National Highway Traffic Safety Administration Submissions, and Approvals, 12212–12213, 12223– See Surface Transportation Board 12224, 12239–12240 PROPOSED RULES Applications for Deregistration, 12238–12239 Geographic-Based Hiring Preferences in Administering Self-Regulatory Organizations; Proposed Rule Changes: Federal Awards, 12092–12094 NOTICES BATS Exchange, Inc., 12209–12211 Contracting Initiatives, 12257–12259 BATS Y-Exchange, Inc., 12242–12244 Fixed Income Clearing Corp., 12213–12215 Treasury Department ICE Clear Credit LLC, 12224–12225 ICE Clear Europe Ltd., 12211–12212 See Comptroller of the Currency New York Stock Exchange, LLC, 12228–12232, 12234– See Internal Revenue Service 12238, 12240–12242 NYSE Arca, Inc., 12221–12223, 12228 U.S. Customs and Border Protection NYSE MKT LLC, 12225–12227 RULES Options Clearing Corp., 12215–12221, 12232–12234 Extension of Import Restrictions: Trading Suspension Orders: Certain Categories of Archaeological Material From the China Infrastructure Investment Corp., 12213 Pre Hispanic Cultures of the Republic of El Salvador, Discovery Oil, Ltd., et al., 12212 12080–12081 Spriza, Inc., 12227 Veterans Affairs Department Small Business Administration NOTICES NOTICES Exclusive Licenses, 12262 Conflict of Interest Exemptions: C3 Capital Partners III, LP, 12244 Separate Parts In This Issue State Department RULES Part II Service of Process; Address Change, 12081–12082 Environmental Protection Agency, 12264–12319 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: R/PPR Research Surveys, 12244–12245 Reader Aids Charter Renewals: Consult the Reader Aids section at the end of this page for Shipping Coordinating Committee, 12245 phone numbers, online resources, finding aids, reminders, Culturally Significant Objects Imported for Exhibition: and notice of recently enacted public laws. Art With Benefits—The Drigung Tradition, 12246–12247 To subscribe to the Federal Register Table of Contents Drawing in Silver and Gold—Leonardo to Jasper Johns, LISTSERV electronic mailing list, go to http:// 12246 listserv.access.gpo.gov and select Online mailing list Russian Modernism—Cross-Currents in German and archives, FEDREGTOC-L, Join or leave the list (or change Russian Art, 1907–1917, 12246 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.

2 CFR Proposed Rules: 1201...... 12092 3 CFR Administrative Orders: Memorandums: Memorandum of February 19, 2015 ...... 12071 10 CFR 72...... 12073 431...... 12078 11 CFR 104...... 12079 114...... 12079 14 CFR Proposed Rules: 39...... 12094 15 CFR 922...... 12079 19 CFR 12...... 12080 21 CFR 520 (2 documents) ...... 12081 22 CFR 172...... 12081 26 CFR Proposed Rules: 1...... 12097 28 CFR Proposed Rules: 15...... 12104 33 CFR 117 (3 documents) ...... 12082, 12083 40 CFR 9...... 12083 50...... 12264 51...... 12264 52...... 12264 70...... 12264 71...... 12264 721...... 12083 Proposed Rules: 52...... 12109 47 CFR 76...... 12088 Proposed Rules: 1...... 12120 2...... 12120 15...... 12120 90...... 12120 95...... 12120 49 CFR Proposed Rules: Ch. III ...... 12136

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Federal Register Presidential Documents Vol. 80, No. 44

Friday, March 6, 2015

Title 3— Memorandum of February 19, 2015

The President Delegation of Authority Under the Ukraine Freedom Support Act of 2014

Memorandum for the Secretary of State

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby order as follows: I hereby delegate to the Secretary of State the authority to prepare and submit to the Congress the reports and strategies required by subsections 6(b), 7(d), 9(c), and 10(c) of the Ukraine Freedom Support Act of 2014 (Public Law 113–272) (the ‘‘Act’’). Any reference in this memorandum to the Act shall be deemed to be a reference to any future Act that is the same or substantially the same as such provision. You are authorized and directed to publish this memorandum in the Federal Register.

THE WHITE HOUSE, Washington, February 19, 2015

[FR Doc. 2015–05355 Filed 3–5–15; 08:45 am] Billing code 4710–10

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Rules and Regulations Federal Register Vol. 80, No. 44

Friday, March 6, 2015

This section of the FEDERAL REGISTER • NRC’s Agencywide Documents the Commission.’’ Section 133 of the contains regulatory documents having general Access and Management System NWPA states, in part, that ‘‘[the applicability and legal effect, most of which (ADAMS): You may obtain publicly- Commission] shall, by rule, establish are keyed to and codified in the Code of available documents online in the procedures for the licensing of any Federal Regulations, which is published under ADAMS Public Documents collection at technology approved by the 50 titles pursuant to 44 U.S.C. 1510. http://www.nrc.gov/reading-rm/ Commission under Section 219(a) [sic: The Code of Federal Regulations is sold by adams.html. To begin the search, select 218(a)] for use at the site of any civilian the Superintendent of Documents. Prices of ‘‘ADAMS Public Documents’’ and then nuclear power reactor.’’ new books are listed in the first FEDERAL select ‘‘Begin Web-based ADAMS To implement this mandate, the REGISTER issue of each week. Search.’’ For problems with ADAMS, Commission approved dry storage of please contact the NRC’s Public spent nuclear fuel in NRC-approved Document Room (PDR) reference staff at casks under a general license by NUCLEAR REGULATORY 1–800–397–4209, 301–415–4737, or by publishing a final rule in part 72 of Title COMMISSION email to [email protected]. For the 10 of the Code of Federal Regulations convenience of the reader, instructions (10 CFR), which added a new subpart K 10 CFR Part 72 about obtaining materials referenced in within 10 CFR part 72 entitled, ‘‘General [NRC–2014–0120] this document are provided in the License for Storage of Spent Fuel at ‘‘Availability of Documents’’ section. Power Reactor Sites’’ (55 FR 29181; July RIN 3150–AJ42 • NRC’s PDR: You may examine and 18, 1990). This rule also established a purchase copies of public documents at List of Approved Spent Fuel Storage new subpart L within 10 CFR part 72 the NRC’s PDR, Room O–1F21, One Casks: Holtec International HI–STORM entitled, ‘‘Approval of Spent Fuel White Flint North, 11555 Rockville Underground Maximum Capacity Storage Casks,’’ which contains Pike, Rockville, Maryland 20852. Canister Storage System, Certificate of procedures and criteria for obtaining Compliance No. 1040 FOR FURTHER INFORMATION CONTACT: NRC approval of spent fuel storage cask Gregory R. Trussell, Office of Nuclear designs. AGENCY: Nuclear Regulatory Material Safety and Safeguards, U.S. The NRC published a direct final rule Commission. Nuclear Regulatory Commission, on this amendment in the Federal ACTION: Final rule. Washington, DC 20555–0001, telephone: Register on September 9, 2014 (79 FR 301–415–6445, email: Gregory.Trussell@ 53281). The NRC also concurrently SUMMARY: The U.S. Nuclear Regulatory nrc.gov. published an identical proposed rule on Commission (NRC) is amending its SUPPLEMENTARY INFORMATION: September 9, 2014 (79 FR 53352). The spent fuel storage regulations by adding Table of Contents NRC received at least one comment that the Holtec International HI–STORM is treated as a significant adverse Underground Maximum Capacity I. Background comment on the proposed rule; (UMAX) Canister Storage System, II. Discussion of Changes therefore, the NRC withdrew the direct Certificate of Compliance (CoC) No. III. Public Comment Analysis IV. Voluntary Consensus Standards final rule on November 19, 2014 (79 FR 1040, to the ‘‘List of approved spent fuel 68763), and is proceeding, in this storage casks.’’ Holtec International’s V. Agreement State Compatibility VI. Plain Writing document, to address the comments on intent with this design is to provide an VII. Environmental Assessment and Finding the proposed rule (see Section III, Public underground storage option compatible of No Significant Environmental Impact Comment Analysis, of this document). with the Holtec International HI– VIII. Paperwork Reduction Act Statement STORM FLOOD/WIND (FW) System IX. Regulatory Analysis II. Discussion of Changes (CoC No. 1032). X. Regulatory Flexibility Certification By letter dated June 29, 2012, and as XI. Backfitting and Issue Finality DATES: This final rule is effective on XII. Congressional Review Act supplemented on July 16 and November April 6, 2015. XIII. Availability of Documents 20, 2012; January 30, April 2, April 19, ADDRESSES: Please refer to Docket ID June 21, August 28, December 6, and NRC–2014–0120 when contacting the I. Background December 31, 2013; and January 13, and NRC about the availability of Section 218(a) of the Nuclear Waste January 28, 2014, Holtec International information for this action. You may Policy Act (NWPA) of 1982, as submitted an application to add the HI– obtain publicly-available information amended, requires that ‘‘the Secretary STORM UMAX Canister Storage System related to this action by any of the [of the Department of Energy] shall to the list of approved spent fuel storage following methods: establish a demonstration program, in casks in 10 CFR part 72. The HI– • Federal Rulemaking Web site: Go to cooperation with the private sector, for STORM UMAX Canister Storage System http://www.regulations.gov and search the dry storage of spent nuclear fuel at is a spent fuel storage system designed for Docket ID NRC–2014–0120. Address civilian nuclear power reactor sites, to be in full compliance with the questions about NRC dockets to Carol with the objective of establishing one or requirements of 10 CFR part 72. Holtec Gallagher; telephone: 301–415–3463; more technologies that the [Nuclear International’s intent with this design is email: [email protected]. For Regulatory] Commission may, by rule, to provide an underground storage technical questions, contact the approve for use at the sites of civilian option compatible with the Holtec individual listed in the FOR FURTHER nuclear power reactors without, to the International HI–STORM FW System as INFORMATION CONTACT section of this maximum extent practicable, the need described in the Final Safety Analysis document. for additional site-specific approvals by Report (FSAR) for the HI–STORM FW

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System. The underground structure proposed rule as a result of the public Canister Storage System, CoC No. 1040, system is described in the FSAR for the comments the NRC has received. to the ‘‘List of approved spent fuel HI–STORM UMAX Canister Storage storage casks’’ in 10 CFR 72.214. This Summary of Comments System. The HI–STORM UMAX rulemaking is not making any changes Canister Storage System stores a The NRC received almost a dozen to the regulations governing the hermetically sealed canister containing comments on the proposed rule, many standards for approval of a CoC. spent nuclear fuel (SNF) in an in-ground raising multiple and overlapping issues. The CoC for the HI–STORM UMAX is vertical ventilated module (VVM). The Because the NRC received at least one being issued for 20 years in accordance HI–STORM UMAX Canister Storage comment that it is treating as a with 10 CFR part 72. According to the System is designed to provide long-term significant adverse comment on the NRC staff’s SER published in the underground storage of loaded multi- proposed rule (raising issues the NRC Federal Register under Docket ID NRC– purpose canisters (MPC) previously deemed serious enough to warrant a 2014–0120, the staff has determined that certified for storage in CoC No. 1032. substantive response to clarify the the use of the HI–STORM UMAX The HI–STORM UMAX VVM is the record), the NRC withdrew the direct Canister Storage System will be underground equivalent of the HI– final rule and is responding to the conducted in compliance with the STORM FW storage module. Although comments here. Other comments were applicable regulations of 10 CFR part the storage cavity dimensions and the not treated as significant adverse 72, and the CoC should be approved for air ventilation system in the HI–STORM comments because, in most instances, the initial 20-year term. There are UMAX VVM have been selected to they were beyond the scope of this currently no technical or regulatory enable it to also store all MPCs certified rulemaking. Nonetheless, in addition to requirements for the inclusion of AMPs for storage in the HI–STORM 100 responding to the issues raised in the for the initial 20-year CoC term. AMPs storage module, CoC No. 1040 does not comments treated as significant adverse are required for spent fuel storage cask approve the storage of all MPCs certified comments, the NRC is also taking this renewal which allows storage beyond 20 for storage in the HI–STORM 100 opportunity to respond to some of the years, as provided in 10 CFR 72.240. storage module in the HI–STORM issues raised in the comments that are The current regulatory requirements UMAX VVM at this time. The HI– beyond this scope of this rulemaking in provide the necessary defense in depth STORM UMAX Canister Storage System order to clarify information about the for safe storage of spent nuclear fuel for can store either Pressurized Water CoC rulemaking process related to the at least 20 years. Reactor or Boiling Water Reactor fuel comments received. Based on the regulations in 10 CFR part 72, an AMP will be required to be assemblies in the MPC–37 or MPC–89 Aging Management Programs models, respectively. The number included in any renewal application for Many of the comments the NRC associated with the MPC is the the HI–STORM UMAX Canister Storage received questioned the fact that aging maximum number of fuel assemblies the System, for a duration beyond the initial management programs (AMPs) were not MPC can contain in the fuel basket. The 20-year term. The renewal application, being established for this CoC system. external diameters of the MPC–37 and if filed, will be required to comply with Commenters noted that the NRC has not MPC–89 are identical to allow the use the applicable regulations, and consider yet issued the revision to NUREG–1927 of a single storage module design, applicable NRC aging management (‘‘Standard Review Plan for Renewal of however the height of the MPC, as well guidance available at the time of Spent Fuel Dry Cask Storage System as the storage module and transfer cask, submittal. While NUREG–1927 may Licenses and Certificates of are variable based on the SNF to be prove useful to applicants seeking to Compliance’’), which is currently being loaded. renew a CoC, because it does not updated to include information provide guidance regarding applications As documented in the safety regarding AMPs, among other things. seeking initial approval of certificates, evaluation report (SER), the NRC staff The comments stated that the approval there is no reason to await the guidance performed a detailed safety evaluation of this CoC system, ‘‘should be put on before proceeding with the addition of of the proposed CoC request submitted hold until after the revised NUREG– this system to the 10 CFR part 72 by Holtec International. 1927 is final and any appropriate aging regulations. The HI–STORM UMAX Canister management issues are addressed in this Storage System, when used under the CoC.’’ Inspection Access conditions specified in the CoC, the The comments questioned some Several comments also questioned the Technical Specifications (TSs), and the specific example AMPs discussed at ability of the underground storage NRC’s regulations, will meet the public meetings, including questions system to be adequately inspected and requirements of 10 CFR part 72; regarding an example AMP for Chloride- potentially repaired if necessary during therefore, adequate protection of public Induced Stress Corrosion Cracking Tests the initial certification period of 20 health and safety will continue to be (seismic concerns and sampling size), as years, especially if the system was being ensured. When this final rule becomes well as the absence of an AMP given used in a coastal environment where effective, persons who hold a general issues with damaged fuels and the stress corrosion cracking could be an license under 10 CFR 72.210 may load ‘‘unknowns of extended storage with issue. spent nuclear fuel into HI–STORM high burnup fuel.’’ In sum, these Response UMAX Canister Storage Systems that commenters felt that approval of CoCs, meet the criteria of CoC No. 1040 under such as this one, should await the The NRC is treating this comment as 10 CFR 72.212. formulation and approval of aging a significant adverse comment warranting clarification of the record. III. Public Comment Analysis management programs. The NRC has evaluated the design of the The NRC received multiple comments Response HI–STORM UMAX Canister Storage from private citizens on the companion These comments are outside the scope System and has determined that the proposed rule to the direct final rule of this rulemaking which is limited to design is robust, and contains numbers published on September 9, 2014. The amending the spent fuel storage of layers of acceptable confinement NRC has not made any changes to the regulations by adding the UMAX systems in compliance with 10 CFR part

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72 requirements. In addition, the staff is Bankruptcy High Burnup Fuel not aware of empirical evidence that supports a finding that surveillance A comment also raised questions Several comments also raised would be required in the initial about the implications of the potential questions regarding the long-term certification period of the proposed bankruptcy of corporations that seek acceptability of the extended storage of CoC. This evaluation is documented in CoC approvals. high burnup fuel (HBF). the NRC staff’s SER under Docket ID Response Response NRC–2014–0120. Furthermore, the NRC has evaluated This comment is outside the scope of Most of the comments raising HBF as the susceptibility to and effects of stress this rulemaking. This rulemaking would an issue did so in the context of the corrosion cracking and other corrosion add a certified system to the list of spent need for AMPs for approval of the CoC mechanisms on safety significant fuel systems in 10 CFR 72.214 and does for the first 20 years, and that is beyond systems for SNF dry cask storage (DCS) not seek to alter the standards for the scope of this rulemaking, as systems during an initial certification approval of a CoC system. In any event, explained above. period. The staff has determined that NRC regulations in 10 CFR part 72 To the extent commenters raised the HI–STORM UMAX Canister Storage address the financial viability of issues about the storage of HBF in the System, when used within the licensees to ensure spent fuel CoC for the first 20 years, the NRC is requirements of the proposed CoC, will management and decommissioning are treating this portion of the comment as safely store SNF and prevent radiation funded. Pursuant to NRC requirements, a significant adverse comment releases and exposure consistent with once a general licensee accepts delivery warranting clarification of the record. regulatory requirements. of a storage system authorized by a CoC, The NRC has evaluated the acceptability Seismic Protection the financial responsibility for of storage of HBF for the initial 20-year maintaining and decommissioning the certification term for the HI–STORM Several comments also raised system become the responsibility of the UMAX Canister Storage System. As concerns regarding the ability of this general licensee (see 10 CFR 72.30(b), documented in the NRC staff’s SER CoC system to withstand seismic events, (c), (d), (e), and (f)). under Docket ID NRC–2014–0120, the particularly if the system were to be staff has determined that the use of the Flood Protection used at specific sites with known HI–STORM UMAX Canister Storage seismic activity, such as San Onofre One comment stated that the design System, including storage of HBF, will Nuclear Generating Station (SONGS). basis of the Watts Bar 2 reactor (not yet be conducted in compliance with the Response licensed for operation) intends that safe applicable regulations of 10 CFR part shut down could occur if there were a 72, and the CoC should be approved for The NRC is treating this comment as flood event that delivered 131⁄2 feet of the initial 20-year term. a significant adverse comment water at the reactor buildings. This Storage beyond the initial term of 20 warranting clarification of the record. comment raised the concern that the years will require the applicant to This rulemaking would add a CoC cask waste storage in an adjacent area submit a license renewal application system to the list of approved spent fuel would have equal or greater flooding. with the inclusion of AMPs addressing storage casks in 10 CFR 72.214. The HBF. In that regard, a demonstration certification provided by this approval Response project is being planned by the U.S. does not, in and of itself, authorize use Department of Energy to provide of this system at any specific site. This rulemaking is limited to the confirmatory data on the performance of Instead, general licensees (a power approval of a CoC system to be added HBF in DCS. The NRC plans to evaluate reactor that stores spent fuel under a to the list of spent fuel storage casks in the data obtained from the project to general Part 72 license) that wish to use 10 CFR 72.214. This rulemaking does confirm the accuracy of current models this system must first ensure that other not propose any change to the standards that are relied upon for authorizing the applicable requirements are met. (See 10 for approval of a CoC, or the storage of HBF for extended storage CFR 72.212). requirements that govern the use of this CoC by a general licensee. Therefore, periods beyond the initial 20-year The seismic design levels of the HI– certification term. STORM UMAX Canister Storage System this comment is outside the scope of as provided in this CoC are acceptable this rulemaking. Duration of Certificate for most areas in the continental U.S. The NRC’s regulations at 10 CFR For locations that have potential seismic 72.212, ‘‘Conditions of a general license Some comments also raised issues activity beyond those analyzed for this issued under 10 CFR 72.210,’’ require with the limited duration of this initial system, additional evaluations and that a general licensee (a power reactor CoC for a term of only 20 years and certifications may be required before the that stores spent fuel under a general stated that the systems should have to system may be used in those locations. part 72 license) perform written demonstrate safe storage of nuclear fuel The NRC is currently evaluating an evaluations to ensure that the DCS for a much longer storage period. amendment request to the HI–STORM systems used at the location meet the Response UMAX Canister Storage System that technical requirements of the CoC. The provides additional analysis intended to NRC inspects these evaluations prior to The issues of long-term storage and ensure the system’s integrity during an the first use of the DCS system and disposal of SNF are outside the scope of earthquake with higher seismic every three years after first use to ensure this CoC rulemaking. This rule is demands, including the seismic compliance with the terms of the CoC. limited to the addition of this storage demands at the location of SONGS. If If the CoC does not allow for water system to the list of approved designs in the NRC approves that amendment intrusion, then the general licensee is 10 CFR 72.214. The regulations request, the amended system could be required to provide engineered governing the length of the CoC term are selected for use at SONGS, provided measures to ensure that this condition not within the changes proposed by this regulatory requirements are met. does not occur. rule.

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Inspector General’s Report VI. Plain Writing Holtec International HI–STORM One comment highlighted issues UMAX Canister Storage Systems are The Plain Writing Act of 2010 (Pub. designed to mitigate the effects of design addressed in the 2014 NRC Inspector L. 111–274), requires Federal agencies General’s report of the SONGS steam basis accidents that could occur during to write documents in a clear, concise, storage. Design basis accidents account generator replacement, entitled, ‘‘NRC and well-organized manner. The NRC Oversight of Licensee’s Use of 10 CFR for human-induced events and the most has written this document to be severe natural phenomena reported for 50.59 Process to Replace SONG’S Steam consistent with the Plain Writing Act as Generators (Case No. 13–006).’’ the site and surrounding area. well as the Presidential Memorandum Postulated accidents analyzed for an Response ‘‘Plain Language in Government ISFSI, the type of facility at which a Writing,’’ published June 10, 1998 (63 The issues raised by the NRC’s IG holder of a power reactor operating FR 31883). report of the SONGS steam generator license would store spent fuel in casks replacement are outside the scope of VII. Environmental Assessment and in accordance with 10 CFR part 72, this rulemaking. This report is Finding of No Significant include tornado winds and tornado- applicable only to that proposed steam Environmental Impact generated missiles, a design basis generator replacement effort, and does earthquake, a design basis flood, an A. The Action not apply to nor is it related to this accidental cask drop, lightning effects, specific CoC rulemaking. Approval of The action is to amend 10 CFR 72.214 fire, explosions, and other incidents. this CoC is based upon a safety and to add the Holtec International HI– Considering the specific design environmental review of this specific STORM UMAX Canister Storage System requirements for each accident CoC design as submitted by the vendor. to the listing within the ‘‘List of condition, the design of the HI–STORM If power reactor licensees wish to use approved spent fuel storage casks’’ as UMAX Canister Storage System would this system at their specific sites, they CoC No. 1040. Under the National prevent loss of containment, shielding, must first ensure other applicable Environmental Policy Act of 1969, as and criticality control. If there is no loss regulatory requirements are met (see 10 amended, and the NRC’s regulations in of containment, shielding, or criticality CFR 72.212). subpart A of 10 CFR part 51, control, the environmental impacts would be insignificant. In addition, any IV. Voluntary Consensus Standards ‘‘Environmental Protection Regulations for Domestic Licensing and Related resulting occupational exposure or offsite dose rates from the use of the HI– The National Technology Transfer Regulatory Functions,’’ the NRC has STORM UMAX Canister Storage System and Advancement Act of 1995 (Pub. L. determined that this rule, if adopted, would remain well within the 10 CFR 104–113) requires that Federal agencies would not be a major Federal action part 20 limits. Therefore, the proposed use technical standards that are significantly affecting the quality of the addition of CoC No. 1040 will not result developed or adopted by voluntary human environment and, therefore, an in radiological or non-radiological consensus standards bodies unless the environmental impact statement is not environmental impacts that significantly use of such a standard is inconsistent required. The NRC has made a finding with applicable law or otherwise differ from the environmental impacts of no significant impact on the basis of impractical. In this final rule, the NRC evaluated in the environmental this environmental assessment. will add the Holtec International HI– assessment supporting the July 18, 1990, STORM UMAX Canister Storage System B. The Need for the Action final rule. There will be no significant design to the listing in 10 CFR 72.214. change in the types or significant This action does not constitute the This final rule adds CoC No. 1040 for revisions in the amounts of effluent establishment of a standard that the Holtec International HI–STORM released, no significant increase in the contains generally applicable UMAX Canister Storage System design individual or cumulative radiation requirements. within the list of approved spent fuel exposure, and no significant increase in storage casks that power reactor the potential for or consequences from V. Agreement State Compatibility licensees can use to store spent fuel at radiological accidents. The staff Under the ‘‘Policy Statement on reactor sites under a general license. documented its safety findings for this Adequacy and Compatibility of Specifically, Holtec International’s review in the SER. Agreement State Programs’’ approved by intent with this design is to provide an the Commission on June 30, 1997, and underground storage option compatible D. Alternative to the Action published in the Federal Register on with the Holtec International HI– The alternative to this action is to September 3, 1997 (62 FR 46517), this STORM FW System. withhold approval of this new design final rule is classified as Compatibility C. Environmental Impacts of the Action and issue a site-specific license to each Category ‘‘NRC.’’ Compatibility is not utility that proposes to use the casks. required for Category ‘‘NRC’’ On July 18, 1990 (55 FR 29181), the This alternative would cost both the regulations. The NRC program elements NRC issued an amendment to 10 CFR NRC and utilities more time and money in this category are those that relate part 72 to provide for the storage of for each site-specific license. directly to areas of regulation reserved spent fuel under a general license in Conducting site-specific reviews would to the NRC by the Atomic Energy Act of cask designs approved by the NRC. The ignore the procedures and criteria 1954, as amended, or the provisions of potential environmental impact of using currently in place for the addition of 10 CFR. Although an Agreement State NRC-approved storage casks was new cask designs that can be used under may not adopt program elements initially analyzed in the environmental a general license, and would be in reserved to the NRC, it may wish to assessment for the 1990 final rule. The conflict with NWPA direction to the inform its licensees of certain environmental assessment for this CoC Commission to approve technologies for requirements via a mechanism that is addition tiers off of the environmental the use of spent fuel storage at the sites consistent with the particular State’s assessment for the July 18, 1990, final of civilian nuclear power reactors administrative procedure laws, but does rule. Tiering on past environmental without, to the maximum extent not confer regulatory authority on the assessments is a standard process under practicable, the need for additional site State. the National Environmental Policy Act. reviews. This alternative also would

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tend to exclude new vendors from the part 72 to provide for the storage of NRC’s responsibilities for public health business market without cause and spent nuclear fuel under a general and safety and the common defense and would arbitrarily limit the choice of license in cask designs approved by the security. No other available alternative cask designs available to power reactor NRC. Any nuclear power reactor is believed to be as satisfactory, and licensees. This final rule will eliminate licensee can use NRC-approved cask therefore, this action is recommended. the above problems and is consistent designs to store spent nuclear fuel if it with previous Commission actions. notifies the NRC in advance, the spent X. Regulatory Flexibility Certification Further, the rule will have no adverse fuel is stored under the conditions Under the Regulatory Flexibility Act effect on public health and safety. specified in the cask’s CoC, and the of 1980 (5 U.S.C. 605(b)), the NRC Therefore, the environmental impacts conditions of the general license are certifies that this rule will not, if issued, would be the same or less than the met. A list of NRC-approved cask have a significant economic impact on action. designs is contained in 10 CFR 72.214. a substantial number of small entities. By letter dated June 29, 2012, and as This final rule affects only nuclear E. Alternative Use of Resources supplemented on July 16 and November power plant licensees and Holtec Approval of the addition of CoC No. 20, 2012; January 30, April 2, April 19, International. These entities do not fall 1040 would result in no irreversible June 21, August 28, December 6, and within the scope of the definition of commitments of resources. December 31, 2013; and January 13, and small entities set forth in the Regulatory January 28, 2014, Holtec International F. Agencies and Persons Contacted Flexibility Act or the size standards submitted an application to add the HI- established by the NRC (10 CFR 2.810). No agencies or persons outside the STORM UMAX Canister Storage NRC were contacted in connection with System. XI. Backfitting and Issue Finality the preparation of this environmental The alternative to this action is to assessment. withhold approval of this new design The NRC has determined that the G. Finding of No Significant Impact and issue a site-specific license to each backfit rule (10 CFR 72.62) does not utility that proposes to use the casks. apply to this final rule. Therefore, a The environmental impacts of the This alternative would cost both the backfit analysis is not required. This action have been reviewed under the NRC and utilities more time and money final rule adds CoC No. 1040 for the requirements in 10 CFR part 51. Based for each site-specific license. Holtec International HI–STORM UMAX on the foregoing environmental Conducting site-specific reviews would Canister Storage System to the ‘‘List of assessment, the NRC concludes that this ignore the procedures and criteria approved spent fuel storage casks.’’ final rule entitled, ‘‘List of Approved currently in place for the addition of Spent Fuel Storage Casks: Holtec The addition of CoC No. 1040 for the new cask designs that can be used under Holtec International HI–STORM UMAX International HI–STORM UMAX a general license, and would be in Canister Storage System, Certificate of Canister Storage System was initiated by conflict with NWPA direction to the Holtec International and was not Compliance No. 1040,’’ will not have a Commission to approve technologies for significant effect on the human submitted in response to new NRC the use of spent fuel storage at the sites requirements, or in response to an NRC environment. Therefore, the NRC has of civilian nuclear power reactors determined that an environmental request. The addition of CoC No. 1040 without, to the maximum extent does not constitute backfitting under 10 impact statement is not necessary for practicable, the need for additional site this final rule. CFR 72.62, 10 CFR 50.109(a)(1), or reviews. This alternative also would otherwise represent an inconsistency VIII. Paperwork Reduction Act tend to exclude new vendors from the with the issue finality provisions Statement business market without cause and applicable to combined licenses in 10 This rule does not contain any would arbitrarily limit the choice of CFR part 52. Accordingly, no backfit information collection requirements cask designs available to power reactor analysis or additional documentation and, therefore, is not subject to the licensees. This final rule will eliminate addressing the issue finality criteria in requirements of the Paperwork the above problems and is consistent 10 CFR part 52 has been prepared by the Reduction Act of 1995 (44 U.S.C. 3501 with previous Commission actions. staff. et seq.). Further, the rule will have no adverse effect on public health and safety. XII. Congressional Review Act Public Protection Notification Approval of this final rule is In accordance with the Congressional The NRC may not conduct or sponsor, consistent with previous NRC actions. Review Act of 1996 (5 U.S.C. 801–808), and a person is not required to respond Further, as documented in the SER and the NRC has determined that this action to, a request for information or an the environmental assessment, the final is not a rule as defined in the information collection requirement rule will have no adverse effect on Congressional Review Act. unless the requesting document public health and safety or the displays a current valid OMB control environment. This final rule has no XIII. Availability of Documents number. significant identifiable impact or benefit on other Government agencies. Based on The documents identified in the IX. Regulatory Analysis this regulatory analysis, the NRC following table are available to On July 18, 1990 (55 FR 29181), the concludes that the requirements of the interested persons through one or more NRC issued an amendment to 10 CFR final rule are commensurate with the of the following methods, as indicated.

ADAMS Accession Document No.

CoC No. 1040 ...... ML14122A443 Safety Evaluation Report ...... ML14122A441 Technical Specifications, Appendix A ...... ML14122A444 Technical Specifications, Appendix B ...... ML14122A442

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ADAMS Accession Document No.

Application ...... ML121880102 Application supplemental July 16, 2012 ...... ML12205A134 Application supplemental November 20, 2012 ...... ML12348A483 Application supplemental January 30, 2013 ...... ML13032A008 Application supplemental April 2, 2013 ...... ML13107B249 Application supplemental April 19, 2013 ...... ML13114A191 Application supplemental June 21, 2013 ...... ML13175A363 Application supplemental August 28, 2013 ...... ML13261A062 Application supplemental December 6, 2013 ...... ML13343A169 Application supplemental December 31, 2013 ...... ML14002A402 Application supplemental January 13, 2014 ...... ML14015A145 Application supplemental January 28, 2014 ...... ML14030A055 HI–STORM FW System FSAR ...... ML12363A284 HI–STORM UMAX Canister Storage System FSAR ...... ML12363A282

The NRC may post materials related 148 (42 U.S.C. 10151, 10152, 10153, 10155, DEPARTMENT OF ENERGY to this document, including public 10157, 10161, 10168); Government comments, on the Federal rulemaking Paperwork Elimination Act sec. 1704, (44 10 CFR Part 431 U.S.C. 3504 note); Energy Policy Act of 2005, Web site at http://www.regulations.gov [Docket Number EERE–2008–BT–STD– under Docket ID NRC–2014–0120. The Pub. L. 109–58, 119 Stat. 788 (2005). 0015] Federal rulemaking Web site allows you Section 72.44(g) also issued under Nuclear RIN 1904–AB86 to receive alerts when changes or Waste Policy Act secs. 142(b) and 148(c), (d) additions occur in a docket folder. To (42 U.S.C. 10162(b), 10168(c), (d)). Energy Conservation Program: Energy subscribe: (1) Navigate to the docket Section 72.46 also issued under Atomic Conservation Standards for Walk-In folder (NRC–2014–0120); (2) click the Energy Act sec. 189 (42 U.S.C. 2239); Nuclear Coolers and Freezers; Correction ‘‘Sign up for Email Alerts’’ link; and (3) Waste Policy Act sec. 134 (42 U.S.C. 10154). enter your email address and select how Section 72.96(d) also issued under Nuclear AGENCY: Office of Energy Efficiency and frequently you would like to receive Waste Policy Act sec. 145(g) (42 U.S.C. Renewable Energy, Department of emails (daily, weekly, or monthly). 10165(g)). Energy. List of Subjects in 10 CFR Part 72 Subpart J also issued under Nuclear Waste ACTION: Final rule; correction. Policy Act secs. 117(a), 141(h) (42 U.S.C. Administrative practice and 10137(a), 10161(h)). SUMMARY: On June 3, 2014, the U.S. procedure, Criminal penalties, Subpart K also issued under Nuclear Waste Department of Energy (DOE) issued a Manpower training programs, Nuclear Policy Act sec. 218(a) (42 U.S.C. 10198). final rule adopting conservation materials, Occupational safety and standards for some classes of walk-in health, Penalties, Radiation protection, ■ 2. Section 72.214 is amended by cooler and walk-in freezer components. Reporting and recordkeeping adding Certificate of Compliance 1040 The final rule was published with requirements, Security measures, Spent to read as follows: typographical errors to some of the fuel, Whistleblowing. reported values. DOE is providing For the reasons set out in the § 72.214 List of approved spent fuel storage casks. corrections to address these errors. preamble and under the authority of the Neither the errors nor the corrections in Atomic Energy Act of 1954, as amended; * * * * * this document affect the substance of the Energy Reorganization Act of 1974, Certificate Number: 1040. the rulemaking or any of the as amended; and 5 U.S.C. 552 and 553, Initial Certificate Effective Date: April conclusions reached in support of the the NRC is adopting the following 6, 2015. final rule. amendments to 10 CFR part 72. DATES: This correction is effective SAR Submitted by: Holtec March 6, 2015. PART 72—LICENSING International, Inc. REQUIREMENTS FOR THE FOR FURTHER INFORMATION CONTACT: SAR Title: Final Safety Analysis INDEPENDENT STORAGE OF SPENT Mr. John Cymbalsky, U.S. Department of Report for the Holtec International HI– NUCLEAR FUEL, HIGH-LEVEL Energy, Office of Energy Efficiency and RADIOACTIVE WASTE AND STORM UMAX Canister Storage Renewable Energy, Building REACTOR-RELATED GREATER THAN System. Technologies Program, EE–5B, 1000 CLASS C WASTE Docket Number: 72–1040. Independence Avenue SW., Washington, DC 20585–0121. Certificate Expiration Date: March 6, ■ 1. The authority citation for part 72 Telephone: (202) 287–1692. Email: 2035. continues to read as follows: walk-in_coolers_and_walk-in_freezers@ Model Number: MPC–37, MPC–89. Authority: Atomic Energy Act secs. 51, 53, EE.Doe.Gov. 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, Dated at Rockville, Maryland, this 24th day Mr. Michael Kido, U.S. Department of 187, 189, 223, 234, 274 (42 U.S.C. 2071, 2073, of February 2015. Energy, Office of the General Counsel, 2077, 2092, 2093, 2095, 2099, 2111, 2201, For the Nuclear Regulatory Commission. GC–33, 1000 Independence Avenue 2232, 2233, 2234, 2236, 2237, 2239, 2273, SW., Washington, DC 20585–0121. 2282, 2021); Energy Reorganization Act secs. Mark A. Satorius, Telephone: (202) 586–8145. Email: 201, 202, 206, 211 (42 U.S.C. 5841, 5842, Executive Director for Operations. [email protected]. 5846, 5851); National Environmental Policy [FR Doc. 2015–05238 Filed 3–5–15; 8:45 am] Act sec. 102 (42 U.S.C. 4332); Nuclear Waste SUPPLEMENTARY INFORMATION: The Policy Act secs. 131, 132, 133, 135, 137, 141, BILLING CODE 7590–01–P Department of Energy (‘‘DOE’’) is

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correcting certain typographical errors these corrections to ensure that the Corrections that appeared in a final rule amending presentation of its analysis performed in 1. On page 32052, in Table I.2, under the energy conservation standards for support of that rulemaking is accurate. the Average LCC savings, and Median walk-in coolers and freezers. 79 FR In FR Doc 2014–11489 appearing in payback period values, for DC.M.I, first 32050 (June 3, 2014). Neither the errors the issue of June 3, 2014 (79 FR 32049), row, is corrected to read ‘‘1485’’, second nor the corrections in this document make the following corrections: column and ‘‘2.8’’ third column, affect the substance of the rulemaking or respectively. any of the conclusions reached in 2. On page 32102, Table V.12 is support of the final rule. DOE is making corrected to read as follows:

Mean values of 2013$ Life-cycle cost savings Energy Customer that experience % Median TSL consumption Installed Annual Average payback kWh/yr cost operating LCC savings Net cost No impact Net benefit period years cost 2013$ % % %

1 ..... 7550 5997 1512 18320 1485 0 0 100 2.8 2 ..... 7550 5997 1512 18320 1485 0 0 100 2.8 3 ..... 7550 5997 1512 18320 1485 0 0 100 2.8

3. On page 32115, in Table V.44, the electioneering communications by days before they are finally prescribed. Mean LCC Savings values for DC.M.I, corporations and labor organizations. For the changes to 11 CFR parts 104 and third row, TSL 2 and TSL 3, third and This document announces the effective 114 concerning independent fourth columns, are both corrected to date of amendments made by that final expenditures and electioneering read ‘‘1485’’. rule. communications by corporations and 4. On page 32115, in Table V.45, DATES: The effective date for the final labor organizations, the rules were sent Median Payback Period (in years) values rule published October 21, 2014, at 79 to Congress on October 10, 2014. The 30 for DC.M.I, third row, TSL 2 and TSL 3, FR 62797, is January 27, 2015. legislative day period ended on January third and fourth columns, are both FOR FURTHER INFORMATION CONTACT: Mr. 26, 2015, in the Senate and January 27, corrected to read ‘‘2.8’’. Robert M. Knop, Assistant General 2015, in the House of Representatives. 5. On page 32115, in Table V.46, the Counsel, or Ms. Joanna S. In the final rules, the Commission Net Cost (%) values, for DC.M.I:, third Waldstreicher, Ms. Esther D. Gyory, or stated that it would publish a separate row, TSL 2 and TSL 3, third and fourth Ms. Cheryl A.F. Hemsley, Attorneys, notice announcing the effective date of columns, are both corrected to read ‘‘0’’. 999 E Street NW., Washington, DC the amendments to 11 CFR parts 104 6. On page 32115, in Table V.46, the 20463, (202) 694–1650 or (800) 424– and 114. 79 FR 62797. Through this Net Benefit (%) values, for DC.M.I:, 9530. Notice, the Commission announces that third row, TSL 2 and TSL 3, third and the effective date of amendments to 11 SUPPLEMENTARY INFORMATION: On fourth columns, are both corrected to October 21, 2014, the Commission CFR parts 104 and 114 is January 27, read ‘‘100’’. published final rules to implement 2015. Issued in Washington, DC, on February 12, changes to its rules governing Dated: March 3, 2015. 2015. independent expenditures and On behalf of the Commission. Kathleen B. Hogan, electioneering communications by Ann M. Ravel, Deputy Assistant Secretary for Energy corporations and labor organizations. Chair, Federal Election Commission. Efficiency, Energy Efficiency and Renewable Final Rules on Independent [FR Doc. 2015–05178 Filed 3–5–15; 8:45 am] Energy. Expenditures and Electioneering BILLING CODE 6715–01–P [FR Doc. 2015–05224 Filed 3–5–15; 8:45 am] Communications by Corporations and BILLING CODE 6450–01–P Labor Organizations 79 FR 62797 (Oct. 21, 2014). These changes responded to a Petition for Rulemaking filed by the DEPARTMENT OF COMMERCE FEDERAL ELECTION COMMISSION James Madison Center for Free Speech petitioning the Commission to amend National Oceanic and Atmospheric 11 CFR Parts 104 and 114 its regulations in response to the Administration decision of the Supreme Court in [Notice 2015–03] Citizens United v. FEC, 558 U.S. 310 15 CFR Part 922 (2010). The final rules removed Independent Expenditures and RIN 0648–BC94 Electioneering Communications by provisions prohibiting corporations and labor organizations from making Corporations and Labor Organizations Boundary Expansion of Thunder Bay independent expenditures and National Marine Sanctuary; Notification AGENCY: Federal Election Commission. electioneering communications, and of Effective Date ACTION: Announcement of Effective also removed or amended other Date. regulations that implemented or referred AGENCY: Office of National Marine to those prohibitions. Sanctuaries (ONMS), National Oceanic SUMMARY: On October 21, 2014, the Pursuant to 52 U.S.C. 30111(d), the and Atmospheric Administration Commission published in the Federal Commission must transmit any rules or (NOAA), Department of Commerce Register a final rules implementing regulations to the Speaker of the House (DOC). changes to its rules governing of Representatives and the President of ACTION: Notification of effective date. independent expenditures and the Senate for a period of 30 legislative

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SUMMARY: NOAA published a final rule which were originally imposed by extended for additional periods, each to expand the boundary of Thunder Bay Treasury Decision (T.D.) 95–20 and such period not to exceed five years, National Marine Sanctuary (TBNMS or previously extended by T.D. 00–16, CBP where it is determined that the factors sanctuary), clarify the correlation Decision (CBP Dec.) 05–10 and CBP justifying the initial agreement still between TBNMS regulations and Indian Dec. 10–01, are due to expire on March pertain and no cause for suspension of tribal fishing activities, and revise the 8, 2015, unless extended. The Assistant the agreement exists (19 U.S.C. 2602(e); corresponding sanctuary terms of Secretary for Educational and Cultural 19 CFR 12.104g(a)). designation on September 5, 2014 (79 Affairs, U.S. Department of State (State), On March 8, 1995, the United States FR 52960). The new boundary for has determined that conditions continue entered into a bilateral agreement with TBNMS increases the size of the to warrant the imposition of import the Government of the Republic of El sanctuary from 448 square miles to restrictions. Accordingly, these import Salvador (El Salvador) concerning the 4,300 square miles and extends restrictions will remain in effect for an imposition of import restrictions on protection to 47 additional known additional five years, and the CBP certain categories of archaeological historic shipwrecks of national regulations are being amended to reflect material from the Pre-Hispanic cultures significance. Pursuant to Section 304(b) this extension until March 8, 2020. of El Salvador. On March 10, 1995, the of the National Marine Sanctuaries Act These restrictions are being extended former U.S. Customs Service (now U.S. (16 U.S.C. 1434(b)) the final regulations pursuant to determinations of the U.S. Customs and Border Protection (CBP)) take effect after 45 days of continuous Department of State made under the published Treasury Decision (T.D.) 95– session of Congress beginning on terms of the Convention on Cultural 20 in the Federal Register (60 FR September 5, 2014. Through this Property Implementation Act in 13352), which amended 19 CFR notification, NOAA is announcing the accordance with the 1970 United 12.104g(a) to reflect the imposition of regulations became effective on Nations Educational, Scientific and these restrictions and included a list February 3, 2015. Cultural Organization (UNESCO) designating the types of articles covered by the restrictions. DATES: The regulations published on Convention on the Means of Prohibiting and Preventing the Illicit Import, Export Import restrictions listed in 19 CFR September 5, 2014 (79 FR 52960) are 12.104g(a) are effective for no more than effective on February 3, 2015. and Transfer of Ownership of Cultural Property. T.D. 95–20 contains the five years beginning on the date on FOR FURTHER INFORMATION CONTACT: Jeff Designated List of archaeological which the agreement enters into force Gray, Thunder Bay National Marine material representing Pre-Hispanic with respect to the United States. This Sanctuary Superintendent, at (989) 356– cultures of El Salvador, and describes period can be extended for additional 8805 ext 12. the articles to which the restrictions periods not to exceed five years if it is Dated: February 24, 2015. apply. determined that the factors which W. Russell Callender, justified the initial agreement still DATES: Effective March 8, 2015. pertain and no cause for suspension of Acting Assistant Administrator for Ocean FOR FURTHER INFORMATION CONTACT: For Services and Coastal Zone Management. the agreement exists. 19 CFR 12.104g(a). legal aspects, Lisa L. Burley, Chief, Since the initial notice was published [FR Doc. 2015–05196 Filed 3–5–15; 8:45 am] Cargo Security, Carriers and Restricted on March 10, 1995, the import BILLING CODE 3510–NK–P Merchandise Branch, Regulations and restrictions were subsequently extended Rulings, Office of International Trade, three times. First, on March 9, 2000, the (202) 325–0030. For operational aspects, former U.S. Customs Service published DEPARTMENT OF HOMELAND William R. Scopa, Branch Chief, Partner T.D. 00–16 in the Federal Register (65 SECURITY Government Agency Branch, Trade FR 12470) to extend the import Policy and Programs, Office of restrictions for an additional period of U.S. Customs and Border Protection International Trade, (202) 863–6554, five years. Subsequently, on March 9, [email protected]. 2005, CBP published CBP Dec. 05–10 in DEPARTMENT OF THE TREASURY SUPPLEMENTARY INFORMATION: the Federal Register (70 FR 11539) to again extend the import restriction for 19 CFR Part 12 Background five years. Most recently, on March 8, [CBP Dec. 15–05] Pursuant to the provisions of the 1970 2010, CBP published CBP Dec. 10–01 in UNESCO Convention, codified into U.S. the Federal Register (75 FR 10411) to RIN 1515–AE01 law as the Convention on Cultural extend the import restriction for an Extension of Import Restrictions Property Implementation Act (hereafter, additional five year period to March 8, Imposed on Certain Categories of the Cultural Property Implementation 2015. Archaeological Material From the Pre- Act or the Act (Pub. L. 97–446, 19 After reviewing the findings and Hispanic Cultures of the Republic of El U.S.C. 2601 et seq.)), signatory nations recommendations of the Cultural Salvador (State Parties) may enter into bilateral or Property Advisory Committee, and in multilateral agreements to impose response to a request by the Government AGENCIES: U.S. Customs and Border import restrictions on eligible of the Republic of El Salvador, on Protection, Department of Homeland archaeological and ethnological February 3, 2015, the Assistant Security; Department of the Treasury. materials under procedures and Secretary for Educational and Cultural ACTION: Final rule. requirements prescribed by the Act. Affairs, U.S. Department of State, Under the Act and applicable U.S. concluding that the cultural heritage of SUMMARY: This final rule amends U.S. Customs and Border Protection (CBP) El Salvador continues to be in jeopardy Customs and Border Protection (CBP) regulations (19 CFR 12.104g), the from pillage of Pre-Hispanic regulations to reflect the extension of restrictions are effective for no more archaeological resources, made the import restrictions on certain categories than five years beginning on the date on necessary determinations to extend the of archaeological material from the Pre- which the agreement enters into force import restrictions for an additional five Hispanic cultures of the Republic of El with respect to the United States (19 years. Diplomatic notes have been Salvador (El Salvador). The restrictions, U.S.C. 2602(b)). This period may be exchanged, reflecting the extension of

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those restrictions. Accordingly, CBP is Sections 12.104 through 12.104i also DEPARTMENT OF STATE amending 19 CFR 12.104g(a) to reflect issued under 19 U.S.C. 2612; the extension of the import restrictions. * * * * * 22 CFR Part 172 The Designated List of Archaeological Material Representing Pre-Hispanic § 12.104g [Amended] [Public Notice: 9045] Cultures of El Salvador covered by these ■ import restrictions is set forth in T.D. 2. In § 12.104g, paragraph (a), the table RIN 1400–AD75 95–20. The Designated List and is amended in the entry for El Salvador accompanying image database may also by removing the reference to ‘‘CBP Dec. Service of Process; Address Change be accessed from the following Internet 10–01’’ in the column headed ‘‘Decision AGENCY: Department of State. Web site address: http:// No.’’ and adding in its place ‘‘CBP Dec. exchanges.state.gov/heritage/culprop/ 15–05’’. ACTION: Final rule. esimage.html. SUMMARY: This rulemaking changes the The restrictions on the importation of R. Gil Kerlikowske, address for service of process on the these archaeological materials from El Commissioner, U.S. Customs and Border Department of State. Salvador are to continue in effect for an Protection. additional five years. Importation of Approved: February 25, 2015. DATES: This rule is effective on March 6, such material continues to be restricted Mark J. Mazur, 2015. unless the conditions set forth in 19 Assistant Secretary of the Treasury. FOR FURTHER INFORMATION CONTACT: U.S.C. 2606 and 19 CFR 12.104c are [FR Doc. 2015–05060 Filed 3–5–15; 8:45 am] Alice Kottmyer, Office of the Legal met. Adviser, Department of State; phone: BILLING CODE 9111–14–P 202–647–2318, [email protected]. Inapplicability of Notice and Delayed Effective Date SUPPLEMENTARY INFORMATION: This rulemaking provides the new address, This amendment involves a foreign effective immediately, for the service on affairs function of the United States and DEPARTMENT OF HEALTH AND HUMAN SERVICES the U.S. Department of State of the is, therefore, being made without notice documents or actions listed in 22 CFR or public procedure (5 U.S.C. 553(a)(1)). Food and Drug Administration 172.1(a). For the same reasons, a delayed effective date is not required under 5 Regulatory Findings 21 CFR Part 520 U.S.C. 553(d)(3). Administrative Procedure Act Regulatory Flexibility Act Oral Dosage Form New Animal Drugs This rule is published as a final rule, effective immediately, pursuant to 5 Because no notice of proposed CFR Correction rulemaking is required, the provisions U.S.C. 553(b) and 553(d)(3). The of the Regulatory Flexibility Act (5 In Title 21 of the Code of Federal Department finds good cause for the U.S.C. 601 et seq.) do not apply. Regulations, Parts 500 to 599, revised as immediate effect of the rule without notice and comment because public Executive Order 12866 of April 1, 2014, on page 147, in § 520.580, the heading for paragraph (d) comment on an address change is Because this rule involves a foreign is restored to read ‘‘Conditions of unnecessary; and, more importantly, it affairs function of the United States, it use—’’. is in the interest of the public for the is not subject to Executive Order 12866. Department to provide the correct [FR Doc. 2015–05128 Filed 3–5–15; 8:45 am] Signing Authority address for service of process, and for it BILLING CODE 1505–01–D to be effective, as expeditiously as This regulation is being issued in possible. accordance with 19 CFR 0.1(a)(1). DEPARTMENT OF HEALTH AND Other Authorities List of Subjects in 19 CFR Part 12 HUMAN SERVICES (1) Since this rule is exempt from the Cultural property, Customs duties and rulemaking provisions of 5 U.S.C. 553, inspection, Imports, Prohibited Food and Drug Administration it does not require analysis under the merchandise. Regulatory Flexibility Act. Amendment to CBP Regulations 21 CFR Part 520 (2) This rulemaking does not meet the criteria for Department actions under For the reasons set forth above, part Oral Dosage Form New Animal Drugs 12 of Title 19 of the Code of Federal the Unfunded Mandates Reform Act of Regulations (19 CFR part 12), is CFR Correction 1995; the Small Business Regulatory amended as set forth below: Enforcement Fairness Act of 1996; In Title 21 of the Code of Federal Executive Order 13175 (impact on PART 12—SPECIAL CLASSES OF Regulations, Parts 500 to 599, revised as tribes); or Executive Orders 12372 and MERCHANDISE of April 1, 2014, on page 167, in 13132 (federalism). This rulemaking is § 520.1193, in paragraph (b)(2), revise not a major rule as defined by 5 U.S.C. ■ 1. The general authority citation for ‘‘051311 and 059130’’ to read ‘‘000859 804. part 12 and the specific authority and 051311’’. (3) In the view of the Department, this citation for § 12.104g continue to read as rule is not a significant regulatory action follows: [FR Doc. 2015–05184 Filed 3–5–15; 8:45 am] as defined in Executive Order 12866, BILLING CODE 1505–01–D Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 and is consistent with the guidance in (General Note 3(i), Harmonized Tariff Executive Order 13563. The benefits of Schedule of the United States (HTSUS)), this rulemaking—in providing a current 1624; address for service of process— * * * * * outweigh any costs.

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(4) This rulemaking does not impose rehabilitation of the bridge. This opposite leaf will be secured in the or revise any information collections deviation allows single leaf operation of closed-to-navigation position for subject to the Paperwork Reduction Act. the double leaf, bascule-style rehabilitation. A two hour advance drawbridge during the deviation period. notice will be required from vessel List of Subjects in 22 CFR Part 172 DATES: This deviation is effective operators for a double leaf opening. At Service of process. without actual notice from March 6, night and on weekends, the drawbridge Accordingly, for the reasons set forth 2015 through 6:30 p.m. on April 27, will resume the normal double leaf above, title 22, part 172, is amended as 2015. For the purposes of enforcement, operation, when work is not being follows: actual notice will be used from 9:30 a.m. performed on the bridge. This on March 2, 2015, until March 6, 2015. temporary deviation has been PART 172—SERVICE OF PROCESS; ADDRESSES: The docket for this coordinated with the waterway users. PRODUCTION OR DISCLOSURE OF deviation, [USCG–2015–0079], is No objections to the proposed OFFICIAL INFORMATION IN available at http://www.regulations.gov. temporary deviation were raised. RESPONSE TO COURT ORDERS, Type the docket number in the Vessels able to pass through the SUBPOENAS, NOTICES OF ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ bridge in the closed position may do so DEPOSITIONS, REQUESTS FOR Click on Open Docket Folder on the line at any time. The bridge will be able to ADMISSIONS, INTERROGATORIES, OR associated with this deviation. You may open for emergencies and there is no SIMILAR REQUESTS OR DEMANDS IN also visit the Docket Management immediate alternate route for larger CONNECTION WITH FEDERAL OR Facility in Room W12–140 on the vessels to pass. The Coast Guard will STATE LITIGATION; EXPERT ground floor of the Department of also inform the waterway users via our TESTIMONY Transportation West Building, 1200 Local and Broadcast Notices to Mariners New Jersey Avenue SE., Washington, of the change in operating schedule for ■ 1. The authority citation for part 172 DC 20590, between 9 a.m. and 5 p.m., the bridge so vessel operators can is amended as follows: Monday through Friday, except Federal arrange their transits to minimize any Authority: 5 U.S.C. 301; 8 U.S.C. 1202(f); holidays. impact caused by the temporary 22 U.S.C. 2658, 2664, 3926. deviation. FOR FURTHER INFORMATION CONTACT: If In accordance with 33 CFR 117.35(e), ■ 2. In § 172.2(a), the last sentence is you have questions on this temporary the drawbridge must return to its regular revised to read as follows: deviation, call or email David H. operating schedule immediately at the Sulouff, Chief, Bridge Section, Eleventh § 172.2 Service of summonses and end of the effective period of this complaints. Coast Guard District; telephone 510– temporary deviation. This deviation 437–3516, email David.H.Sulouff@ (a) * * * All such documents should from the operating regulations is uscg.mil. If you have questions on authorized under 33 CFR 117.35. be delivered or addressed to: The viewing the docket, call Cheryl Collins, Executive Office, Office of the Legal Program Manager, Docket Operations, Dated: February 17, 2015. Adviser, Suite 5.600, 600 19th Street telephone 202–366–9826. D.H. Sulouff, NW., Washington DC 20036. (Note that SUPPLEMENTARY INFORMATION: Alameda District Bridge Chief, Eleventh Coast Guard the suite number is 5.600.) County has requested a temporary District. * * * * * change to the operation of the Alameda [FR Doc. 2015–05231 Filed 3–5–15; 8:45 am] Dated: February 27, 2015. County highway bridge at High Street, BILLING CODE 9110–04–P Alice Kottmyer, mile 6.0, over Oakland Inner Harbor, at Alameda, CA. The drawbridge Attorney Adviser, Office of the Legal Adviser. DEPARTMENT OF HOMELAND navigation span provides horizontal [FR Doc. 2015–05285 Filed 3–5–15; 8:45 am] SECURITY BILLING CODE 4710–08–P clearance of 244 feet between pier fenders. During single leaf operation, Coast Guard horizontal clearance is reduced to DEPARTMENT OF HOMELAND approximately 100 feet. The drawbridge 33 CFR Part 117 SECURITY provides a vertical clearance of 16 feet above Mean High Water in the closed- [Docket No. USCG–2015–0065] to-navigation position and unlimited Coast Guard Drawbridge Operation Regulations; vertical clearance in the open-to- Harlem River, New York City, NY 33 CFR Part 117 navigation position. As required by 33 CFR 117.181, the draw opens on signal; AGENCY: Coast Guard, DHS. [Docket No. USCG–2015–0079] except that, from 8 a.m. to 9 a.m. and ACTION: Notice of deviation from 4:30 p.m. to 6:30 p.m. Monday through Drawbridge Operation Regulation; drawbridge regulation. Friday except Federal holidays, the Oakland Inner Harbor, Alameda, CA draw need not be opened for the passage SUMMARY: The Coast Guard has issued a AGENCY: Coast Guard, DHS. of vessels. However, the draw shall temporary deviation from the operating schedule that governs the operation of ACTION: Notice of deviation from open during the above closed periods drawbridge regulation. for vessels which must for reasons of the Metro-North (Park Avenue) Bridge safety, move on a tide or slack water, if across the Harlem River, mile 2.1, at SUMMARY: The Coast Guard has issued a at least two hours notice is given. New York City, New York. This temporary deviation from the operating Navigation on the waterway is deviation is necessary to allow the schedule that governs the Alameda commercial, recreational, emergency bridge owner to perform electrical County highway drawbridge at High and law enforcement vessels. repairs at the bridge. This deviation Street across the Oakland Inner Harbor, During the deviation period, the allows the bridge to remain closed from mile 6.0, at Alameda, CA. The deviation drawspan will be operated with only March 13, 2015 through May 21, 2015. is necessary to allow the bridge owner one leaf between 9:30 a.m. and 6:30 DATES: This deviation is effective from to make necessary repairs and p.m., Monday through Friday, while the March 13, 2015 through May 21, 2015.

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ADDRESSES: The docket for this Dated: February 23, 2015. The existing bridge operating deviation, [USCG–2015–0065] is C.J. Bisignano, regulations are found at 33 CFR available at http://www.regulations.gov. Supervisory Bridge Management Specialist, 117.709(b). Type the docket number in the First Coast Guard District. The waterway is transited by seasonal ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ [FR Doc. 2015–05233 Filed 3–5–15; 8:45 am] recreational vessels of various sizes. Click on Open Docket Folder on the line BILLING CODE 9110–04–P The bridge owner, NJTRO, requested associated with this deviation. You may a temporary deviation from the normal also visit the Docket Management operating schedule to facilitate Facility in Room W12–140, on the DEPARTMENT OF HOMELAND structural repairs at the bridge. ground floor of the Department of SECURITY Under this temporary deviation the Transportation West Building, 1200 NJTRO railroad bridge shall remain in New Jersey Avenue SE., Washington, Coast Guard the closed position for three consecutive DC, 20590, between 9 a.m. and 5 p.m., weekends from 6 a.m. on Saturday Monday through Friday, except Federal 33 CFR Part 117 through 7 p.m. on Sunday on the holidays. [Docket No. USCG–2015–0085] following dates: March 14 and 15, FOR FURTHER INFORMATION CONTACT: If March 21 and 22, and March 28 and 29, you have questions on this temporary Drawbridge Operation Regulations; 2015. deviation, call or email Mr. Joe M. Arca, Cheesequake Creek, Morgan, NJ The draw shall maintain its normal Project Officer, First Coast Guard operating schedule at all other times. District, telephone (212) 514–4336, AGENCY: Coast Guard, DHS. There are no alternate routes for [email protected]. If you have ACTION: Notice of deviation from vessel traffic; however, vessels that can questions on viewing the docket, call drawbridge regulation. pass under the closed draw during this Cheryl Collins, Program Manager, closure may do so at all times. The Docket Operations, telephone (202) SUMMARY: The Coast Guard has issued a bridge may be opened in the event of an 366–9826. temporary deviation from the operating emergency. schedule that governs the operation of SUPPLEMENTARY INFORMATION: The The Coast Guard will inform the users the New Jersey Transit Rail Operations Metro-North (Park Avenue) Bridge of the waterways through our Local and (NJTRO) railroad bridge across across the Harlem River, mile 2.1, at Broadcast Notice to Mariners of the Cheesequake Creek, mile 0.2, at Morgan, New York City, New York, has a vertical change in operating schedule for the New Jersey. This deviation is necessary clearance in the closed position of 25 bridge so that vessels can arrange their to allow the bridge owner to perform feet at mean high water and 30 feet at transits to minimize any impact caused mean low water. The existing bridge structural repairs at the bridge. This by the temporary deviation. operating regulations are found at 33 deviation allows the bridge to remain In accordance with 33 CFR 117.35(e), CFR 117.789(c). closed on three consecutive weekends. the drawbridge must return to its regular The waterway is transited by DATES: This deviation is effective from operating schedule immediately at the commercial vessels. 6 a.m. on March 14, 2015 through 7 p.m. end of the effective period of this The bridge owner, Metro-North, on March 28, 2015. temporary deviation. This deviation requested a temporary deviation from ADDRESSES: The docket for this from the operating regulations is the normal operating schedule to deviation, [USCG–2015–0085] is authorized under 33 CFR 117.35. facilitate electrical repairs as a result of available at http://www.regulations.gov. Dated: February 23, 2015. damage incurred from Hurricane Sandy. Type the docket number in the C.J. Bisignano, Under this temporary deviation, the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Supervisory Bridge Management Specialist, Metro-North (Park Avenue) Bridge may Click on Open Docket Folder on the line First Coast Guard District. remain in the closed position from associated with this deviation. You may March 13, 2015 through May 21, 2015. [FR Doc. 2015–05234 Filed 3–5–15; 8:45 am] also visit the Docket Management BILLING CODE 9110–04–P The habitual users can transit under Facility in Room W12–140, on the the bridge without requesting bridge ground floor of the Department of openings due to the high vertical Transportation West Building, 1200 ENVIRONMENTAL PROTECTION clearance under the bridge. New Jersey Avenue SE., Washington, AGENCY There are no alternate routes for DC, 20590, between 9 a.m. and 5 p.m., vessel traffic; however, vessels that can Monday through Friday, except Federal 40 CFR Parts 9 and 721 pass under the closed draw during this holidays. closure may do so at all times. The [EPA–HQ–OPPT–2011–0941; FRL–9922–30] bridge may not be opened in the event FOR FURTHER INFORMATION CONTACT: If of an emergency. you have questions on this temporary RIN 2070–AB27 The Coast Guard will inform the users deviation, call or email Mr. Joe M. Arca, Significant New Use Rule for Pentane, of the waterways through our Local and Project Officer, First Coast Guard 1,1,1,2,3,3-hexafluoro-4-(1,1,2,3,3,3- Broadcast Notice to Mariners of the District, telephone (212) 514–4336, hexafluoropropoxy)- change in operating schedule for the [email protected]. If you have bridge so that vessels can arrange their questions on viewing the docket, call AGENCY: Environmental Protection transits to minimize any impact caused Cheryl Collins, Program Manager, Agency (EPA). Docket Operations, telephone (202) by the temporary deviation. ACTION: Final rule. In accordance with 33 CFR 117.35(e), 366–9826. the drawbridge must return to its regular SUPPLEMENTARY INFORMATION: The SUMMARY: EPA is finalizing a significant operating schedule immediately at the NJTRO railroad bridge across new use rule (SNUR) under the Toxic end of the effective period of this Cheesequake Creek, mile 0.2, at Morgan, Substances Control Act (TSCA) for the temporary deviation. This deviation New Jersey, has a vertical clearance in chemical substance Pentane, 1,1,1,2,3,3- from the operating regulations is the closed position of 3 feet at mean hexafluoro-4-(1,1,2,3,3,3- authorized under 33 CFR 117.35. high water and 8 feet at mean low water. hexafluoropropoxy)- that was the

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subject of premanufacture notice (PMN) I. Does this action apply to me? substance Pentane, 1,1,1,2,3,3- P–07–204. This action requires persons You may be potentially affected by hexafluoro-4-(1,1,2,3,3,3- who intend to manufacture (including this action if you manufacture, process, hexafluoropropoxy)- (PMN P–07–204; import) this chemical substance for an or use the chemical substance Pentane, CAS No. 870778–34–0) codified at 40 activity that is designated as a 1,1,1,2,3,3-hexafluoro-4-(1,1,2,3,3,3- CFR 721.10509. This final rule requires significant new use by this final rule to hexafluoropropoxy)- (PMN P–07–204; persons who intend to manufacture or notify EPA at least 90 days before CAS No. 870778–34–0) contained in process the chemical substance for an commencing that activity. The required this final rule. The following list of activity that is designated as a notification will provide EPA with the North American Industrial significant new use by this final rule to opportunity to evaluate the intended Classification System (NAICS) codes is notify EPA at least 90 days before use and, if necessary, to prohibit or limit not intended to be exhaustive, but rather commencing that activity. that activity before it occurs. provides a guide to help readers DATES: This final rule is effective April In the Federal Register of September determine whether this document 21, 2012 (77 FR 58666) (FRL–9357–2), 6, 2015. applies to them. Potentially affected EPA issued a direct final SNUR for the ADDRESSES: The docket for this action, entities may include: identified by docket identification (ID) • Manufacturers or processors of the chemical substance. EPA received number EPA–HQ–OPPT–2011–0941, is subject chemical substance (NAICS notice of intent to submit adverse available at http://www.regulations.gov codes 325 and 324110), e.g., chemical comments for the direct final SNUR. In or at the Office of Pollution Prevention manufacturing and petroleum refineries. response to that notification a rule was and Toxics Docket (OPPT Docket), This action may also affect certain proposed in the Federal Register issue Environmental Protection Agency entities through pre-existing import of January 23, 2013 (78 FR 4806) (FRL– Docket Center (EPA/DC), West William certification and export notification 6369–9). In response to the proposed Jefferson Clinton Bldg., Rm. 3334, 1301 rules under TSCA. Chemical importers rule, EPA received one public comment Constitution Ave. NW., Washington, are subject to the TSCA section 13 (15 from the submitter of PMN P–07–204. DC. The Public Reading Room is open U.S.C. 2612) import certification The comment noted that in the time from 8:30 a.m. to 4:30 p.m., Monday requirements promulgated at 19 CFR period between filing of a Notice of through Friday, excluding legal 12.118 through 12.127 and 19 CFR Commencement of Manufacture or holidays. The telephone number for the 127.28. Chemical importers must certify Import in March 2008, and the time of that the shipment of the chemical Public Reading Room is (202) 566–1744, publication of the direct final SNUR in substance complies with all applicable and the telephone number for the OPPT September 2012, the company had Docket is (202) 566–0280. Please review rules and orders under TSCA. Importers entered into an industrial solvent use the visitor instructions and additional of chemicals subject to these SNURs that did not specifically fall within the information about the docket, available must certify their compliance with the scope of the 40 CFR 721.80(j) (the at http://www.epa.gov/dockets. SNUR requirements. The EPA policy in confidential uses identified in the FOR FURTHER INFORMATION CONTACT: support of import certification appears amended premanufacture notice) For technical information contact: at 40 CFR part 707, subpart B. In Kenneth Moss, Chemical Control addition, any persons who export or significant new use reporting Division (7405M), Office of Pollution intend to export a chemical substance requirement contained in the rule. Prevention and Toxics, Environmental that is the subject of this final rule are Therefore, the use was considered an Protection Agency, 1200 Pennsylvania subject to the export notification ongoing use at the time of the direct Ave. NW., Washington, DC 20460–0001; provisions of TSCA section 12(b) (15 final SNUR. telephone number: (202) 564–9232; U.S.C. 2611(b)) (see § 721.20), and must Further, the commenter mentioned email address: [email protected]. comply with the export notification the intent to submit several health and For general information contact: The requirements in 40 CFR part 707, safety studies on the PMN substance TSCA-Hotline, ABVI-Goodwill, 422 subpart D. that were completed after the expiration South Clinton Ave., Rochester, NY II. Background of the PMN review period. The 14620; telephone number: (202) 554– following table identifies the studies 1404; email address: TSCA-Hotline@ A. What action is the agency taking? that were subsequently submitted to the epa.gov. EPA is finalizing a SNUR, under Agency for review and the results of SUPPLEMENTARY INFORMATION: TSCA section 5(a)(2), for the chemical EPA’s review of those studies:

Study EPA findings from study

5-day Inhalation toxicity test in rats ...... Uncertain increase in liver weights at highest dose. Acute dermal toxicity test in rats ...... No Observed Adverse Effect Level (NOAEL) of 2,000 milligram/kilo- gram/day (mg/kg/day). Acute eye irritation/corrosion test in rabbits ...... Not an eye irritant. Assessment of contact hypersensitivity in the mouse ...... Not a skin sensitizer. Color microarray analysis of liver RNA ...... Indications of ability to activate the xenobiotic nuclear receptor CAR (constitutive androstane receptor), but of uncertain significance rel- ative to ability to affect clinical chemistry endpoints. Primary skin irritation/corrosion test in rabbits...... Not a skin irritant. Sub-acute (29-day) inhalation toxicity test in rats ...... Lowest Observed Adverse Effect Level (LOAEL) of 495 parts per mil- lion (ppm) based on liver effects. Analysis of the effect on primary cell cultures (low potency peroxisome Uncertain significance. proliferator-activated receptor (PPAR) agonist).

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Agency review of the 29-day is required under TSCA section 5(g) to beings or the environment to a chemical inhalation toxicity study, which explain in the Federal Register its substance. demonstrated liver effects, along with reasons for not taking action. • The extent to which a use increases the perfluorochemical analog data cited III. Rationale and Objectives of the the magnitude and duration of exposure in the proposed SNUR, demonstrate the Final Rule of human beings or the environment to concern cited in the proposed SNUR for a chemical substance. neurotoxicity and liver effects as a result A. Rationale • of unprotected occupational exposures The reasonably anticipated manner During review of the PMN for the via the dermal route. Therefore, the and methods of manufacturing, chemical substance Pentane, 1,1,1,2,3,3- Agency is issuing a final SNUR as processing, distribution in commerce, hexafluoro-4-(1,1,2,3,3,3- proposed that designates as a significant and disposal of a chemical substance. hexafluoropropoxy)- (PMN P–07–204; new use manufacture or processing of CAS No. 870778–34–0), EPA In addition to these factors the substance without impervious determined that one or more of the enumerated in TSCA section 5(a)(2), the gloves, where there is a potential for criteria of concern established at statute authorized EPA to consider any dermal exposure, and simplifies the § 721.170 were met. For additional other relevant factors. wording in the significant new use To determine what would constitute a designation under 40 CFR 721.80 to discussion of the rationale for the SNUR encompass the ongoing use as follows: on this chemical, see Units II., IV., and significant new use for the chemical ‘‘A significant new use is any use of the V. of the proposed rule. substance pentane, 1,1,1,2,3,3- hexafluoro-4-(1,1,2,3,3,3- substance other than for the specific B. Objectives confidential industrial solvent uses hexafluoropropoxy)- (PMN P–07–204; EPA is issuing this final SNUR for the identified in the amended CAS No. 870778–34–0), EPA considered chemical substance Pentane, 1,1,1,2,3,3- premanufacture notice (PMN).’’ relevant information about the toxicity hexafluoro-4-(1,1,2,3,3,3- of the chemical substances, likely B. What is the agency’s authority for hexafluoropropoxy)- (PMN P–07–204; human exposures and environmental taking this action? CAS N. 870778–34–0) because the releases associated with possible uses, Section 5(a)(2) of TSCA (15 U.S.C. Agency wants to achieve the following and the four bulleted TSCA section 2604(a)(2)) authorizes EPA to determine objectives with regard to the significant 5(a)(2) factors listed in this unit. that a use of a chemical substance is a new uses designated in this final rule: • V. Applicability of the Significant New ‘‘significant new use.’’ EPA must make EPA will receive notice of any Use Designation this determination by rule after person’s intent to manufacture or process a listed chemical substance for considering all relevant factors, If uses begun after the proposed rule the described significant new use before including those listed in TSCA section was published were considered ongoing that activity begins. 5(a)(2). Once EPA determines that a use rather than new, any person could • EPA will have an opportunity to of a chemical substance is a significant defeat the SNUR by initiating the review and evaluate data submitted in a new use, TSCA section 5(a)(1)(B) significant new use before the final rule SNUN before the notice submitter requires persons to submit a significant was issued. Therefore EPA has new use notice (SNUN) to EPA at least begins manufacturing or processing a listed chemical substance for the designated the date of publication of the 90 days before they manufacture or proposed rule as the cutoff date for process the chemical substance for that described significant new use. • EPA will be able to regulate determining whether the new use is use. Persons who must report are ongoing. Consult the Federal Register described in § 721.5. prospective manufacturers or processors of a listed chemical substance before the Notice of April 24, 1990 (55 FR 17376, C. Applicability of General Provisions described significant new use of that FRL 3658–5) for a more detailed General provisions for SNURs appear chemical substance occurs, provided discussion of the cutoff date for ongoing in 40 CFR part 721, subpart A. These that regulation is warranted pursuant to uses. provisions describe persons subject to TSCA sections 5(e), 5(f), 6, or 7. Any person who began commercial the rule, recordkeeping requirements, Issuance of a SNUR for a chemical manufacture or processing of the exemptions to reporting requirements, substance does not signify that the chemical substance identified as and applicability of the final rule to uses chemical substance is listed on the pentane, 1,1,1,2,3,3-hexafluoro-4- occurring before the effective date of the TSCA Chemical Substance Inventory (1,1,2,3,3,3-hexafluoropropoxy)- (PMN final rule. Provisions relating to user (TSCA Inventory). Guidance on how to P–07–204; CAS No. 870778–34–0) for fees appear at 40 CFR part 700. determine if a chemical substance is on any of the significant new uses According to § 721.1(c), persons subject the TSCA Inventory is available on the designated in the proposed SNUR after to these SNURs must comply with the Internet at http://www.epa.gov/opptintr/ the date of publication of the proposed same SNUN requirements and EPA existingchemicals/pubs/tscainventory/ SNUR, must stop that activity before the regulatory procedures as submitters of index.html. effective date of the final rule. Persons PMNs under TSCA section 5(a)(1)(A). In who ceased those activities will have to particular, these requirements include IV. Significant New Use Determination first comply with all applicable SNUR the information submission Section 5(a)(2) of TSCA states that notification requirements and wait until requirements of TSCA section 5(b) and EPA’s determination that a use of a the notice review period, including any 5(d)(1), the exemptions authorized by chemical substance is a significant new extensions, expires, before engaging in TSCA section 5(h)(1), (2), (3), and (5), use must be made after consideration of any activities designated as significant and the regulations at 40 CFR part 720. all relevant factors, including: new uses. If a person were to meet the Once EPA receives a SNUN, EPA may • The projected volume of conditions of advance compliance take regulatory action under TSCA manufacturing and processing of a under 40 CFR 721.45(h), the person section 5(e), 5(f), 6, or 7 to control the chemical substance. would be considered to have met the activities for which it has received the • The extent to which a use changes requirements of the final SNUR for SNUN. If EPA does not take action, EPA the type or form of exposure of human those activities.

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VI. Test Data and Other Information of the chemical substance during the needed, and complete, review, and EPA recognizes that TSCA section 5 development of the direct final rule. submit the required SNUN. does not require developing any EPA’s complete economic analysis is Send any comments about the particular test data before submission of available in the docket under docket ID accuracy of the burden estimate, and a SNUN. The two exceptions are: number EPA–HQ–OPPT–2011–0941. any suggested methods for minimizing respondent burden, including through 1. Development of test data is IX. Statutory and Executive Order the use of automated collection required where the chemical substance Reviews subject to the SNUR is also subject to a techniques, to the Director, Collection test rule under TSCA section 4 (see A. Executive Order 12866 Strategies Division, Office of Environmental Information (2822T), TSCA section 5(b)(1)). This final rule establishes a SNUR for 2. Development of test data may be Environmental Protection Agency, 1200 a chemical substance that was the Pennsylvania Ave. NW., Washington, necessary where the chemical substance subject of a PMN. The Office of has been listed under TSCA section DC 20460–0001. Please remember to Management and Budget (OMB) has include the OMB control number in any 5(b)(4) (see TSCA section 5(b)(2)). exempted these types of actions from In the absence of a TSCA section 4 correspondence, but do not submit any review under Executive Order 12866, completed forms to this address. test rule or a TSCA section 5(b)(4) entitled ‘‘Regulatory Planning and listing covering the chemical substance, Review’’ (58 FR 51735, October 4, 1993). C. Regulatory Flexibility Act (RFA) persons are required only to submit test data in their possession or control and B. Paperwork Reduction Act (PRA) On February 18, 2012, EPA certified to describe any other data known to or pursuant to RFA section 605(b) (5 U.S.C. According to PRA (44 U.S.C. 3501 et reasonably ascertainable by them (see 40 601 et seq.), that promulgation of a seq.), an agency may not conduct or CFR 720.50). However, upon review of SNUR does not have a significant sponsor, and a person is not required to PMNs and SNUNs, the Agency has the economic impact on a substantial respond to a collection of information authority to require appropriate testing. number of small entities where the that requires OMB approval under PRA, Recommended testing that would following are true: unless it has been approved by OMB address the criteria of concern of 1. A significant number of SNUNs and displays a currently valid OMB § 721.170 can be found in Unit IV. of the would not be submitted by small control number. The OMB control proposed rule. Descriptions of tests are entities in response to the SNUR. numbers for EPA’s regulations in title 40 provided only for informational 2. The SNUR submitted by any small of the CFR, after appearing in the purposes. EPA strongly encourages entity would not cost significantly more Federal Register, are listed in 40 CFR persons, before performing any testing, than $8,300. part 9, and included on the related to consult with the Agency pertaining to A copy of that certification is collection instrument or form, if protocol selection. available in the docket for this final applicable. EPA is amending the table in SNUN submitters should be aware rule. 40 CFR part 9 to list the OMB approval that EPA will be better able to evaluate This final rule is within the scope of number for the information collection SNUNs which provide detailed the February 18, 2012 certification. requirements contained in this final information on the following: Based on the Economic Analysis rule. This listing of the OMB control • Human exposure and discussed in Unit VIII. and EPA’s numbers and their subsequent environmental release that may result experience promulgating SNURs codification in the CFR satisfies the from the significant new use of the (discussed in the certification), EPA display requirements of PRA and OMB’s chemical substances. believes that the following are true: implementing regulations at 5 CFR part • • Potential benefits of the chemical A significant number of SNUNs 1320. This Information Collection substances. would not be submitted by small Request (ICR) was previously subject to • Information on risks posed by the entities in response to the SNUR. public notice and comment prior to chemical substances compared to risks • Submission of the SNUN would not OMB approval, and given the technical posed by potential substitutes. cost any small entity significantly more nature of the table, EPA finds that than $8,300. VII. SNUN Submissions further notice and comment to amend it Therefore, the promulgation of the According to § 721.1(c), persons is unnecessary. As a result, EPA finds SNUR would not have a significant submitting a SNUN must comply with that there is ‘‘good cause’’ under section economic impact on a substantial the same notification requirements and 553(b)(3)(B) of the Administrative number of small entities. EPA regulatory procedures as persons Procedure Act (5 U.S.C. 553(b)(3)(B)) to D. Unfunded Mandates Reform Act submitting a PMN, including amend this table without further notice (UMRA) submission of test data on health and and comment. environmental effects as described in 40 The information collection Based on EPA’s experience with CFR 720.50. SNUNs must be submitted requirements related to this action have proposing and finalizing SNURs, State, on EPA Form No. 7710–25, generated already been approved by OMB local, and Tribal governments have not using e-PMN software, and submitted to pursuant to PRA under OMB control been impacted by these rulemakings, the Agency in accordance with the number 2070–0012 (EPA ICR No. 574). and EPA does not have any reasons to procedures set forth in 40 CFR 720.40 This action does not impose any burden believe that any State, local, or Tribal and § 721.25. E–PMN software is requiring additional OMB approval. If government will be impacted by this available electronically at http:// an entity were to submit a SNUN to the final rule. As such, EPA has determined www.epa.gov/opptintr/newchems. Agency, the annual burden is estimated that this action does not impose any to average between 30 and 170 hours enforceable duty, contain any unfunded VIII. Economic Analysis per response. This burden estimate mandate, or otherwise have any effect EPA has evaluated the potential costs includes the time needed to review on small governments subject to the of establishing SNUN requirements for instructions, search existing data requirements of UMRA sections 202, potential manufacturers and processors sources, gather and maintain the data 203, 204, or 205 (2 U.S.C. 1501 et seq.).

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E. Executive Order 13132 X. Congressional Review Act (CRA) * * * * * This action will not have a substantial Pursuant to the Congressional Review PART 721—[AMENDED] direct effect on States, on the Act (5 U.S.C. 801 et seq.), EPA will relationship between the national submit a report containing this final rule government and the States, or on the and other required information to the ■ 3. The authority citation for part 721 distribution of power and U.S. Senate, the U.S. House of continues to read as follows: responsibilities among the various Representatives, and the Comptroller Authority: 15 U.S.C. 2604, 2607, and levels of government, as specified in General of the United States prior to 2625(c). Executive Order 13132, entitled publication of the final rule in the ‘‘Federalism’’ (64 FR 43255, August 10, Federal Register. This action is not a ■ 4. Add § 721.10509 to subpart E to 1999). ‘‘major rule’’ as defined by 5 U.S.C. read as follows: 804(2). F. Executive Order 13175 § 721.10509 Pentane, 1,1,1,2,3,3- This action does not have Tribal List of Subjects hexafluoro-4-(1,1,2,3,3,3- implications because it is not expected 40 CFR Part 9 hexafluoropropoxy)-. to have substantial direct effects on (a) Chemical substance and Indian Tribes. This final rule does not Environmental protection, Reporting significant new uses subject to reporting. significantly nor uniquely affect the and recordkeeping requirements. (1) The chemical substance identified as communities of Indian Tribal 40 CFR Part 721 pentane, 1,1,1,2,3,3-hexafluoro-4- governments, nor does it involve or Environmental protection, Chemicals, impose any requirements that affect (1,1,2,3,3,3-hexafluoropropoxy)- (PMN Hazardous substances, Reporting and P–07–204; CAS No. 870778–34–0) is Indian Tribes. Accordingly, the recordkeeping requirements. requirements of Executive Order 13175, subject to reporting under this section entitled ‘‘Consultation and Coordination Dated: February 23, 2015. for the significant new uses described in with Indian Tribal Governments’’ (65 FR Maria J. Doa, paragraph (a)(2) of this section. 67249, November 9, 2000), do not apply Director, Chemical Control Division, Office (2) The significant new uses are: of Pollution Prevention and Toxics. to this final rule. (i) Protection in the workplace. G. Executive Order 13045 Therefore, 40 CFR parts 9 and 721 are Requirements as specified in amended as follows: This action is not subject to Executive § 721.63(a)(1), (a)(2)(i), (a)(3), Order 13045, entitled ‘‘Protection of PART 9—[AMENDED] (b)(concentration set at 1.0 percent), and Children from Environmental Health (c). Risks and Safety Risks’’ (62 FR 19885, ■ 1. The authority citation for part 9 (ii) Industrial, commercial, and April 23, 1997), because this is not an continues to read as follows: consumer activities. Requirements as economically significant regulatory Authority: 7 U.S.C. 135 et seq., 136–136y; specified in § 721.80. A significant new action as defined by Executive Order 15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; use is any use of the substance other 12866, and this action does not address 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 than for the specific confidential U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, environmental health or safety risks industrial solvent uses identified in the disproportionately affecting children. 1321, 1326, 1330, 1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, amended premanufacture notice (PMN). H. Executive Order 13211 1971–1975 Comp. p. 973; 42 U.S.C. 241, (b) Specific requirements. The 242b, 243, 246, 300f, 300g, 300g–1, 300g–2, This action is not subject to Executive 300g–3, 300g–4, 300g–5, 300g–6, 300j–1, provisions of subpart A of this part Order 13211, entitled ‘‘Actions 300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., apply to this section except as modified Concerning Regulations That 6901–6992k, 7401–7671q, 7542, 9601–9657, by this paragraph. Significantly Affect Energy Supply, 11023, 11048. (1) Recordkeeping. Recordkeeping Distribution, or Use’’ (66 FR 28355, May ■ 2. In § 9.1, add the following section requirements as specified in § 721.125 22, 2001), because this action is not in numerical order under the (a) through (e), and (i) are applicable to expected to affect energy supply, undesignated center heading manufacturers and processors of this distribution, or use and because this ‘‘Significant New Uses of Chemical substance. action is not a significant regulatory Substances’’ to read as follows: action under Executive Order 12866. (2) Limitations or revocation of § 9.1 OMB approvals under the Paperwork certain notification requirements. The I. National Technology Transfer and Reduction Act. provisions of § 721.185 apply to this Advancement Act (NTTAA) * * * * * section. In addition, since this action does not (3) Determining whether a specific use involve any technical standards, OMB Control 40 CFR citation is subject to this section. The provisions NTTAA section 12(d) (15 U.S.C. 272 No. of § 721.1725(b)(1) apply to paragraph note), does not apply to this action. (a)(2)(ii) of this section. J. Executive Order 12898 [FR Doc. 2015–05069 Filed 3–5–15; 8:45 am] ***** This action does not entail special Significant New Uses of Chemical BILLING CODE 6560–50–P considerations of environmental justice Substances related issues as delineated by Executive Order 12898, entitled ‘‘Federal Actions to Address Environmental Justice in Minority ***** Populations and Low-Income 721.10509 ...... 2070–0012 Populations’’ (59 FR 7629, February 16, ***** 1994).

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FEDERAL COMMUNICATIONS Summary of the Order on order’s specified timeframes; (2) failing COMMISSION Reconsideration to grant a franchise when an applicant 1. In the Order on Reconsideration did not agree to unreasonable build-out 47 CFR Part 76 (‘‘Order’’), we respond to several mandates; (3) refusing to grant a [MB Docket No. 05–311; FCC 15–3] Petitions for Reconsideration. competitive franchise when an Petitioners sought reconsideration of applicant did not agree to impermissible Implementation of Section 621(a)(1) of our rulings regarding most favored franchise fee requirements; (4) denying the Cable Communications Policy Act nation (MFN) clauses, in-kind applications based on a new entrant’s of 1984 as Amended by the Cable payments, mixed-use networks, and the refusal to undertake certain obligations Television Consumer Protection and applicability of the Second Report and relating to public, educational, and Competition Act of 1992 Order, 72 FR 65670, November 23, 2007, government channels (‘‘PEG’’), and to state level franchising. They also institutional networks (‘‘I-Nets’’); and AGENCY: Federal Communications (5) refusing to grant a franchise based on Commission. brought to our attention an inconsistency between the rules issues related to non-cable services or ACTION: Final rule; petition for adopted and the rules analyzed in the facilities. The Commission issued a reconsideration. accompanying Final Regulatory Further Notice of Proposed Rulemaking (‘‘FNPRM’’) for comment on whether or SUMMARY: In this document, the Federal Flexibility Analysis (‘‘FRFA’’). We not these findings should be made Communications Commission reaffirm that (1) prior rulings were applicable to incumbent providers and (‘‘Commission’’ or ‘‘we’’) respond to intended to apply only to the local how that should be done. Petitions for Reconsideration of the franchising process, and not to franchising laws or decisions at the state 4. In the Second Report and Order, Second Report and Order, interpreting the Commission determined that the Section 621 of the Communications Act level; (2) MFN clauses are contractual terms that are not affected by any of the prior findings involving franchise fees of 1934, which deals with local relied on statutory provisions that did franchising of cable companies. We Commission’s prior findings; and (3) ‘‘in-kind’’ payments—non-cash not distinguish between incumbents clarify the applicability of the Second and new entrants, and therefore should Report and Order in states that have payments, such as goods, or services— count toward the five percent franchise be applicable to incumbent operators. state-level franchising, grant the request The Commission also determined that that we reconsider our Final Regulatory fee cap for incumbent operators and new entrants. We decline to modify our most favored nation clauses would Flexibility Analysis to align with the provide some franchisees the option and text of the Second Report and Order, conclusions regarding mixed-use networks. We grant Petitioner’s request ability to adjust their existing and deny the petitions in all other obligations if and when a competing respects. that we depart from our Regulatory Flexibility Analysis and submit a provider obtains more favorable DATES: Effective April 6, 2015. revised FRFA in order to comply with franchise provisions. Petitioners sought FOR FURTHER INFORMATION CONTACT: For the mandates of the Regulatory reconsideration of these rulings and additional information on this Flexibility Act. brought to our attention an proceeding, contact Brendan Murray, inconsistency between the rules [email protected], of the Media I. Background adopted and the rules analyzed in the Bureau, Policy Division, (202) 418–1573 2. In the Cable Communications accompanying Final Regulatory or Holly Saurer, [email protected], Policy Act of 1984, Congress added Flexibility Analysis (‘‘FRFA’’). We of the Media Bureau, (202) 418–7283. section 621(a)(1) to the Communications respond to those petitions in the Order. SUPPLEMENTARY INFORMATION: This is a Act. That section requires a local II. Discussion summary of the Commission’s Order on franchise for the provision of cable Reconsideration, FCC 15–3, adopted on service. A local franchising authority A. State Level Franchising January 20, 2015 and released on (‘‘LFA’’) may not grant an exclusive 5. Petitioners request clarification January 21, 2015. The full text of these franchise and may not unreasonably regarding whether the Second Report documents is available for public refuse to award an additional and Order applies to state level inspection and copying during regular competitive franchise. Section 621 franchises. We clarify that the prior business hours in the FCC Reference prohibits a cable franchise authority rulings were intended to apply only to Center, Federal Communications from prohibiting, limiting, or restricting the local franchising process, and not to Commission, 445 12th Street SW., CY– the provision of telecommunications franchising laws or decisions at the state A257, Washington, DC, 20554. These service by a cable operator. Congress, in level. The First Report and Order stated documents will also be available via enacting this section, sought to enhance that its rulings were limited to ECFS (http://www.fcc.gov/cgb/ecfs/). cable competition and accelerate competitive franchises ‘‘at the local (Documents will be available broadband deployment. level,’’ as the Commission did not have electronically in ASCII, Word 97, and/ 3. In 2007, the Commission adopted a sufficient record to determine what or Adobe Acrobat.) The complete text the First Report and Order and Further constitutes an ‘‘unreasonable refusal to may be purchased from the Notice of Proposed Rulemaking, 72 FR award an additional competitive Commission’s copy contractor, 445 12th 13189, March 21, 2007, to implement franchise’’ with respect to franchising Street SW., Room CY–B402, section 621(a)(1). The order adopted decisions where a state is involved Washington, DC 20554. To request these rules and provided guidance to ensure versus a local franchising authority. The documents in accessible formats that LFAs do not unreasonably refuse to United States Court of Appeals for the (computer diskettes, large print, audio award competitive franchises for the Sixth Circuit agreed, holding that the recording, and Braille), send an email to provision of cable services. The First Commission, in the First Report and [email protected] or call the Commission’s Report and Order found that certain Order, did not to preempt state law, Consumer and Governmental Affairs LFA practices violated section 621(a)(1) state-level franchising decisions, or Bureau at (202) 418–0530 (voice), (202) by: (1) Failing to issue a decision on a local franchising decisions authorized 418–0432 (TTY). competitive application within the by state law because the Commission

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lacked the information necessary to from the five percent franchise fee cap or ‘cable operators’ without restriction evaluate state-level franchising laws. and also expand the definition of in- to ‘cable service.’ ’’ We adhere to our 6. In both the FNPRM and the Second kind payments in the First Report and previous determination on this issue. Report and Order, the Commission Order. We disagree with Petitioners and The Commission’s First Report and expressed its intent to extend the First adhere to our previous conclusions in Order and the Second Report and Order Report and Order’s rulings to incumbent the Second Report and Order. In the make clear that LFAs may not use their cable operators, but said nothing about First Report and Order, the Commission franchising authority to regulate non- extending those rulings to state-level interpreted Section 622, which limits cable services provided by either an franchising laws. The State of Hawaii the amount of franchise fees that an LFA incumbent or new entrant. As argues that because the Commission did may collect from a cable operator to five petitioners have not raised any new not address this issue in the Second percent of the cable operator’s gross arguments, we reaffirm the prior Report and Order, it did not apply its revenues, subject to certain exceptions conclusion. findings to state-level franchising. Both in subsection (g). The Commission E. Conclusion NCTA and Verizon argue that the concluded that in-kind payments count Commission unambiguously applied the toward the five percent franchise fee 12. We reaffirm that (1) prior rulings Second Report and Order’s findings to cap. In the Second Report and Order, were intended to apply only to the local state-level franchising because it stated the Commission concluded that its franchising process, and not to that the statutory interpretations at issue interpretation of Section 622 ‘‘applies to franchising laws or decisions at the state in the proceeding are ‘‘valid throughout both incumbent operators and new level; (2) MFN clauses are contractual the nation.’’ The Commission reaffirms entrants.’’ terms that are not affected by any of the that it did not extend those rulings in 9. We disagree with the Petitioners Commission’s prior findings; and (3) the Second Report and Order to state- that the Commission’s interpretation of ‘‘in-kind’’ payments—non-cash level franchising laws or decisions. the phrase ‘‘incidental to’’ in section payments, such as goods, or services— 622(g)(2)(D) goes beyond or is count toward the five percent franchise B. Most Favored Nation Clauses and inconsistent with our interpretation in fee cap for incumbent operators and Disruption of Existing Contracts the First Report and Order. The new entrants. We decline to modify our 7. Petitioners argue that the Commission concluded in the first order conclusions regarding mixed-use Commission’s conclusions on MFN that that the term ‘‘incidental’’ in networks. We grant Petitioner’s request clauses are inconsistent with our section 622(g)(2)(D) should be limited to that we depart from our Regulatory preemption of level playing field the list of incidental charges provided in Flexibility Analysis and submit a regulations in the First Report and the statute, as well as other minor revised FRFA in order to comply with Order. NCTA counters that the expenses. The Commission examined the mandates of the Regulatory decisions on MFN clauses should not be the existing case law under section Flexibility Act. reconsidered because of their pro- 622(g)(2)(D) and determined that certain III. Procedural Matters competitive and public policy purposes. fees are not necessarily to be regarded NATOA disagrees with that assertion as ‘‘incidental’’ and thus exempt from A. Paperwork Reduction Act Analysis because both the Department of Justice the five percent franchise fee cap. The 13. The Order does not contain new and the Federal Trade Commission have Sixth Circuit Court of Appeals upheld or modified information collection labeled MFN clauses as ‘‘anti- this interpretation. The Commission’s requirements subject to the Paperwork competitive’’ in certain instances. We interpretation of section 622(g)(2)(D) in Reduction Act of 1995 (‘‘PRA’’), Public decline to modify the conclusions the Second Report and Order mirrors, Law 104–13. In addition, we note there concerning MFN clauses and disruption and does not expand, the interpretation is no new or modified ‘‘information of existing contracts. In the Second in the First Report and Order. burden for small business concerns with Report and Order the Commission 10. Further, we disagree with fewer than 25 employees,’’ pursuant to concluded that the determinations in Petitioners that the First Report and the Small Business paperwork Relief the First Report and Order may allow Order limited the exemption of in-kind Act of 2002, Public Law 107–198, see 44 competitive providers to enter markets payments only when such in-kind U.S.C. 3506(c)(4). with franchise provisions more payments are unrelated to cable service. favorable than those of the incumbent The First Report and Order identified B. Final Regulatory Flexibility Analysis provider, and expected that MFN ‘‘free or discounted services provided to 14. As required by the Regulatory clauses, ‘‘pursuant to the operation of an LFA’’ as one type of ‘‘non- Flexibility Act, the Commission has their own design, will provide some incidental’’ cost that counted toward the prepared a Final Regulatory Flexibility franchisees the option and ability to franchise fee cap. In that context, the Analysis (‘‘FRFA’’) relating to the change provisions of their existing Commission was referring to free or Report and Order. agreements.’’ We reaffirm the prior discounted cable services. The Sixth conclusion that MFN clauses are Circuit also referenced these different C. Congressional Review Act contractual terms that are not affected types of in-kind payments separately 15. The Commission will send a copy by any of the Commission’s findings in when it upheld the FCC’s interpretation of this Order on Reconsideration in a the First Report and Order. of the five percent cap on fees. For these report to be send to Congress and the reasons, we reaffirm our conclusion that Government Accountability Office C. In-Kind Payments in-kind payments count toward the five pursuant to the Congressional Review 8. LFAs petitioned for reconsideration percent franchise fee cap. Act, see 5 U.S.C. 801(a)(1)(A). of the inclusion of in-kind payments in calculating the franchise fee cap, D. Mixed Use Networks IV. Final Regulatory Flexibility arguing that the Commission’s 11. Petitioners argue that the Second Analysis determinations give an overly expansive Report and Order’s findings that LFA 16. As required by the Regulatory scope of section 622(g)(2)(D), which jurisdiction is limited to cable service is Flexibility Act of 1980, as amended exempts ‘‘charges incidental to the incorrect, as the Act ‘‘recognizes local (RFA), an Initial Regulatory Flexibility awarding or enforcing of the franchise’’ authority with respect to ‘cable systems’ Analysis (IRFA) was incorporated in the

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FNPRM. The Commission sought proposed rules would have a de addition, the term ‘‘small business’’ has written public comment on the minimus effect on small governments, the same meaning as the term ‘‘small proposals in the FNPRM, including specifically engendering additional business concern’’ under the Small comment on the IRFA. The Commission training and hiring. Business Act. A small business concern received one comment on the IRFA. 20. We disagree with the Local is one which: (1) Is independently Subsequently, the Commission adopted Government Lawyer’s Roundtable’s owned and operated; (2) is not a Final Regulatory Flexibility Analysis assertion that our rules will have any dominant in its field of operation; and (‘‘FRFA’’) in the Second Report and more than a de minimus effect on small (3) satisfies any additional criteria Order in this proceeding. Following the governments. LFAs will continue to established by the Small Business release of the Second Report and Order, review and decide upon competitive Administration (‘‘SBA’’). petitioners sought reconsideration of the and renewal cable franchise 24. The rules adopted by the Order FRFA based on an inconsistency applications. Additional training and will streamline the local franchising between the rules adopted and the rules hiring of additional personnel is not process by adopting rules that provide analyzed in the accompanying FRFA. necessary to understand these actions. guidance as to the applicability or prior As explained in the Order, we submit The Order simply extends existing, findings in this procedure to this Supplemental Final Regulatory limited requirements, and therefore incumbents and the limitations on the Flexibility Analysis to reflect the rules should not need additional training or Commission’s authority regarding adopted in the Second Report and Order personnel to implement. customer service regulations. The and to conform to the RFA. 21. After issuing the FRFA in the Commission has determined that the Second Report and Order, the group of small entities directly affected A. Need for, and Objectives of, the Commission received a Petition for by the rules adopted herein consists of Second Report and Order Reconsideration and Clarification from small governmental entities (which, in 17. The need for FCC regulation in the National Association of some cases may be represented in the this area derives from eliminating Telecommunications Officers and local franchising process by not-for- barriers to competitive entry of cable Advisors (‘‘NATOA’’) et al. regarding profit enterprises). Therefore, in this operators into local markets. This Order the Regulatory Flexibility Analysis. The SFRFA, we consider the impact of the extends a number of the rules and petition repeated the Local Government rules on small governmental findings promulgated in the First Report Lawyer’s Roundtable’s arguments, and organizations. and Order dealing with Section 611 and also argued that the Commission failed Section 622 of the Communications Act to consider actual alternatives, failed to D. Small Businesses, Small of 1934. The objectives of the rules we include small organizations in the IRFA, Organizations, and Small Governmental adopt are to support a competitive and that the FRFA provided an analysis Jurisdictions market for both new and incumbent of the tentative conclusions set forth in 25.Our action may, over time, affect cable operators to further the the IRFA rather than the rules adopted. small entities that are not easily interrelated goals of enhanced cable 22. The Commission determined that categorized at present. Small businesses competition and broadband since the findings in the Second Report represented 99.9% of the 27.5 million deployment. and Order were matters of statutory businesses in the United States in 2009. 18. Specifically, we reaffirm that (1) interpretation, the result was statutorily There were 1,621,315 small prior rulings were intended to apply mandated regardless of the RFA organizations nationwide in 2007, only to the local franchising process, analysis, and that, therefore, no which are defined as independently and not to franchising laws or decisions meaningful alternatives existed. owned and operated not-for-profit at the state level; (2) most favored nation Additionally, we find that the IRFA and enterprises that are not dominant in (‘‘MFN’’) clauses are contractual terms FRFA discuss the economic impact on their perspective fields. Finally, there that are not affected by any of the small entities. No commenter suggested were 89,527 small governmental Commission’s prior findings; and (3) that further entities should be jurisdictions in 2007, which are defined ‘‘in-kind’’ payments—non-cash additionally considered in the analysis. as governments of cities, towns and payments, such as goods, or services— However, the Commission does agree other entities with a population of less count toward the five percent franchise with the analysis was inadvertently than fifty thousand. fee cap for incumbent operators and based on the tentative conclusions new entrants. We decline to modify our presented in the IRFA. In order to E. Cable and Other Subscription conclusions regarding mixed-use comply with the mandates of the RFA, Programming networks. We grant Petitioner’s request we are submitting this Supplemental 26. This category includes that we depart from our Regulatory Final Regulatory Flexibility Analysis to establishments primarily engaged in Flexibility Analysis and submit a correctly reflect the rules adopted in the operating studios and facilities for the revised FRFA in order to comply with Second Report and Order. broadcasting of programs on a the mandates of the Regulatory subscription or fee basis. Census data C. Description and Estimate of the Flexibility Act. for 2007 shows that there were 396 such Number of Small Entities to Which the firms that operated for the entire year. B. Summary of Significant Issues Raised Rules Will Apply Of that number, 349 operated with by Public Comments in Response to the 23.The RFA directs the Commission annual revenues below $25 million and IRFA to provide a description of and, where 47 operated with annual revenues of 19. Only one commenter, the Local feasible, an estimate of the number of $25 million or more. Therefore, under Government Lawyer’s Roundtable, small entities that will be affected by the this size standard, the majority of such submitted a comment that specifically proposed rules. The RFA generally businesses can be considered small. responded to the IRFA. The Local defines the term ‘‘small entity’’ as Government Lawyer’s Roundtable having the same meaning as the terms F. Cable Companies and Systems contends that the Commission should ‘‘small business,’’ ‘‘small organization,’’ 27. The Commission defines a small issue a revised IRFA because of the and ‘‘small governmental entity’’ under cable company as one that serves erroneous determination that the Section 3 of the Small Business Act. In 400,000 or fewer subscribers

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nationwide. There are 1,258 cable I. Description of Projected Reporting, Report and Order will not impose a operators—all but 10 incumbent cable Recordkeeping and Other Compliance significant impact on any small entity. Requirements companies are small under this size K. Federal Rules Which Duplicate, standard. In addition, the Commission 30. The rule and guidance adopted in Overlap, or Conflict With the defines a small cable system as one that the Order imposes no additional Commission’s Proposals serves 15,000 or fewer subscribers. reporting or record keeping There are 4,584 cable systems requirements and imposes de minimus 33. None. nationwide. Of this total, 4,012 cable other compliance requirements. Because V. Ordering Clauses systems have 20,000 subscribers or the rules limit the terms than an LFA more. Thus, under this standard, we may consider and impose in a franchise 34. Accordingly, it is ordered that estimate that most cable systems are agreement, the rules will decrease the pursuant to the sections 1, 2, 4(i), 303, small. procedural burdens faced by LFAs. 405, 602, 611, 621, 622, 625, 626, and Therefore, the rules adopted will not 632 of the Communications Act of 1934, G. Cable System Operators (Telecom Act require any additional special skills 47 U.S.C. 151, 152, 154(i), 303, 405, 522, Standard) beyond any already needed in the cable 531, 541, 542, 545, 546, and 552, and franchising context. § 1.429 of the Commission’s rules, 47 28. The Communication Act of 1934 CFR 1.429, the Order on defines a small cable system operator as J. Steps Taken To Minimize Significant Reconsideration is adopted. ‘‘a cable operator that, directly or Impact on Small Entities, and 35. It is further ordered that the through an affiliate, serves in the Significant Alternatives Considered petitions for reconsideration filed by the aggregate fewer than 1 percent of all 31. The RFA requires an agency to City of Albuquerque, New Mexico et al, subscribers in the United States and is describe any significant alternatives that the City of Breckenridge Hills, Missouri not affiliated with any entity or entities it has considered in reaching its and National Association of whose gross annual revenues in the proposed approach, which may include Telecommunications Officers and aggregate exceed $250,000,000.’’ The the following four alternatives (among Advisors, et al. are hereby granted in Commission has determined that an others): (1) The establishment of part and denied in part as described operator serving fewer than 677,000 differing compliance or reporting above. This action is taken pursuant to subscribers shall be deemed a small requirements or timetables that take into the authority contained in sections 1, 2, operator, if its annual revenues, when account the resources available to small 4(i), 303, 405, 602, 611, 621, 622, 625, combined with the total annual entities; (2) the clarification, 626, and 632 of the Communications revenues of all its affiliates, do not consolidation, or simplification of Act of 1934, 47 U.S.C. 151, 152, 154(i), exceed $250 million in the aggregate. compliance or reporting requirements 303, 405, 522, 531, 541, 542, 545, 546, Industry data indicate that, of 1,076,934 under the rule for small entities; (3) the and 552, and § 1.429 of the cable operators nationwide, all but 13 use of performance, rather than design, Commission’s rules, 47 CFR 1.429. are small under this size standard. standards; and (4) an exemption from 36. It is further ordered that the coverage of the rule, or any part thereof, Commission’s Consumer and H. Open Video Systems (‘‘OVS’’) for small entities. Governmental Affairs Bureau, Reference 32. In the FNPRM, the Commission 29. The OVS framework provides Information Center, shall send a copy of sought comment on the extension of its opportunities for the distribution of the Order on Reconsideration, including findings in the First Report and Order the Final Regulatory Flexibility video programming other than through to incumbent cable operators, and to cable systems. Because OVS operators Analysis, to the Chief Counsel for comment on the basis for the Advocacy of the Small Business provide subscription services, OVS falls Commission’s authority to do so. The Administration. within the SBA small business size Commission tentatively concluded that 37. It is further ordered that the standard covering cable services, which the rules adopted in the Second Report Commission shall send a copy of the is Wired Telecommunications Carriers. and Order likely would have at most a Order on Reconsideration in a report to A small business in this category is a de minimus impact on small be sent to Congress and the General business that has 1,500 or fewer governmental jurisdictions, and that the Accounting Office pursuant to the employees. Census data for 2007 shows interrelated, high-priority federal Congressional Review Act, see 5 U.S.C. that there were 3,188 firms that operated communications policy goals of 801(a)(1)(A). that year. Of this total, 3,144 had fewer enhanced cable competition and than 1,000 employees and 44 had 1,000 accelerated broadband deployment Federal Communications Commission. or more employees. Therefore, under necessitated the extension of its rules to Marlene H. Dortch, this size standard, we estimate that a incumbent cable providers. We agree Secretary. majority of businesses can be with those tentative conclusions and we [FR Doc. 2015–05180 Filed 3–5–15; 8:45 am] considered small entities. believe that the rules in the Second BILLING CODE 6712–01–P

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Proposed Rules Federal Register Vol. 80, No. 44

Friday, March 6, 2015

This section of the FEDERAL REGISTER will be posted without change to Transportation investments and policies contains notices to the public of the proposed http://www.regulations.gov, including can improve access to jobs, education, issuance of rules and regulations. The any personal information provided. and goods movement, while providing purpose of these notices is to give interested FOR FURTHER INFORMATION CONTACT: construction and operations jobs. As persons an opportunity to participate in the such, the DOT believes that local and rule making prior to the adoption of the final Michael Harkins, Deputy Assistant rules. General Counsel for General Law (OST– other geographic-based hiring C10), Office of the Secretary, preferences are essential to promoting Department of Transportation, 1200 Ladders of Opportunity for the workers DEPARTMENT OF TRANSPORTATION New Jersey Avenue SE., Room W83– in these communities by ensuring that 312, Washington, DC 20590, 202–366– they participate in, and benefit from, the Office of the Secretary 0590. economic opportunities such projects present. SUPPLEMENTARY INFORMATION: On Additionally, Section 418 of the 2 CFR Part 1201 December 26, 2014, the DOT’s Consolidated and Further Continuing regulations at 2 CFR part 1201 became [Docket DOT–OST–2015–0013] Appropriations Act, 2015, Public Law effective, which adopted the Office of 113–235 (FY 2015 Appropriations Act), RIN 2105–AE38 Management and Budget’s (OMB) prohibits the Federal Transit revised Government-wide Uniform Geographic-Based Hiring Preferences Administration from using fiscal year Administrative Requirements, Cost in Administering Federal Awards (FY) 2015 funds to implement, Principles, and Audit Requirements for administer, or enforce 49 CFR AGENCY: Office of the Secretary (OST); Federal awards to non-Federal entities 18.36(c)(2), for construction hiring. U.S. Department of Transportation at 2 CFR part 200 (Common Rule). Section 18.36(c)(2) prohibits the use of (DOT). These requirements at 2 CFR 200.319(b) statutorily or administratively imposed prohibit the use of in-state or local ACTION: Notice of proposed rulemaking. in-State or local geographical geographic preferences in the evaluation preferences in the evaluation of bids or SUMMARY: The DOT proposes to amend of bids or proposals except where proposals.2 Thus, at least for FTA- its regulations implementing the Federal statute mandates or encourages funded project in FY 2015, Congress has Government-wide Uniform the use of such preferences.1 This diminished the legal effectiveness of Administrative Requirements, Cost prohibition extends to the use of this provision. Principles, and Audit Requirements for geographic hiring preferences in Federal Awards to permit recipients and Therefore, the DOT is proposing to contracts that are awarded by recipients amend Part 1201 by promulgating a subrecipients to impose geographic- and subrecipients with Federal financial based hiring preferences whenever not provision to deviate from the OMB assistance since such preferences could guidance by making clear that otherwise prohibited by Federal statute. result in a competitive advantage for geographic hiring preferences may be DATES: Comments must be received on contractors based in the targeted hiring used in DOT grant programs. With this or before April 6, 2015. Late-filed area. This provision in the OMB deviation, local communities will be in comments will be considered to the Common Rule is not new and was found a better position to leverage Federal and extent practicable, but the DOT may in the DOT’s implementation of the State and local funds into local jobs and issue a final rule at any time after the prior version of OMB’s Common Rule economic growth. However, this close of the comment period. (49 CFR 18.36(c)(2) (2014)). deviation would only apply to the Many recipients and subrecipients at ADDRESSES: To ensure that you do not extent that such geographic hiring the local governmental level have local duplicate your docket submissions, preferences are not otherwise prohibited hiring provisions that they otherwise please submit them by only one of the by Federal statute or regulation. For apply to procurements that do not following means: example, the Federal statutory provision • involve Federal funding. Such Federal eRulemaking Portal: Go to at 23 U.S.C. 112 requires full and open provisions are intended to ensure that http://www.regulations.gov and follow competition in the award of contracts the communities in which the projects the online instructions for submitting under the Federal-aid highway program. are located benefit from the jobs that comments. The Federal Highway Administration • result from their investment of their Mail: Docket Management Facility, has traditionally interpreted this funds, particularly for workers in low U.S. Department of Transportation, 1200 provision as prohibiting the use of income areas. Transportation plays a New Jersey Ave. SE., W12–140, geographic hiring preferences and critical role in connecting Americans Washington, DC 20590–0001. reinforced this interpretation in 23 CFR • and communities to economic Hand Delivery: West Building 635.117(b). Under a 2013 Opinion from Ground Floor, Room W12–140, 1200 opportunity. The choices that are made New Jersey Ave. SE., between 9 a.m. regarding transportation infrastructure 2 Effective December 26, 2014, 49 CFR part 18 and 5 p.m., Monday through Friday, can strengthen communities, create will apply only to grants obligated on or before except Federal holidays. The telephone pathways to jobs and improve the December 25, 2014. Grants obligated on or after quality of life for all Americans. December 26, 2014 will be subject to 2 CFR part number is (202) 366–9329. 200. This provision (18.36(c)(2)) has been recodified • Instructions: You must include the at 2 CFR 200.319(b) and is substantively the same agency name and docket number or the 1 For example, 23 U.S.C. 140(d) authorizes the as 18.36(c)(2). Although Congress did not address Regulatory Identification Number (RIN) preferential employment of Indians living on or the change in codification in section 418, FTA near a reservation on projects and contracts on intends to apply section 418 to grants obligated on for the rulemaking at the beginning of Indian reservations roads under the Federal-aid or after December 26, 2014 and subject to 2 CFR your comments. All comments received Highway Program. 200.319(b).

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the Office of Legal Counsel (OLC), OLC the DOT-Grant funded projects if all Concerning Regulations That clarified that section 112 does not hiring is local. Similarly, if local supply Significantly Affect Energy Supply, compel the DOT from prohibiting of labor in the skilled trades is low, Distribution, or Use, dated May 18, recipients and subrecipients under the productivity on DOT-Grant funded 2001. We have determined that it is not Federal-aid Highway Program from project could decrease and project costs a significant energy action under that imposing contract requirements that do could increase if all hiring is local. order since it is not likely to have a not directly relate to the performance of However, the proposed rule is not significant adverse effect on the supply, work. Rather, the OLC opinion states forcing local governments to hire distribution, or use of energy. Therefore, that the Secretary has discretion to locally; it is only saying that they may a Statement of Energy Effects is not permit such requirements as long as use geographic hiring preferences. They required. they do not ‘‘unduly limit competition.’’ will only exercise this option if they feel Executive Order 12372 (See Competitive Bidding Requirements it is net beneficial to their communities (Intergovernmental Review) Under the Federal-Aid Highway to do so. Program, 23 U.S.C. 112, (Aug. 23, Regulatory Flexibility Act Catalog of Federal Domestic 2013)). Assistance Program Number 20.205, In order to determine whether In compliance with the Regulatory Highway Planning and Construction. contracting requirements may be used Flexibility Act (Pub. L. 96–354, 5 U.S.C. The regulations implementing Executive consistent with the 2013 OLC opinion, 601–612), the DOT has evaluated the Order 12372 regarding the DOT has established a pilot program effects of this proposed action on small intergovernmental consultation on under which such geographic-based entities and has determined that the Federal programs and activities apply to hiring requirements may be used on an proposed action would not have a this program. Accordingly, the DOT experimental basis. This program, significant economic impact on a solicits comments on this issue. which is published in today’s Federal substantial number of small entities. Register, allows recipients and This proposed action does not affect any Paperwork Reduction Act subrecipients of Federal Highway funding distributed under any of the Under the Paperwork Reduction Act Administration and Federal Transit programs administered by the DOT. For of 1995 (PRA) (44 U.S.C. 3501), Federal Administration funds to use such these reasons, I hereby certify that this agencies must obtain approval from the requirements pursuant to the action would not have a significant Office of Management and Budget experimental authorities of those economic impact on a substantial (OMB) for each collection of agencies. For any such projects, the number of small entities. information they conduct, sponsor, or DOT will monitor and evaluate whether Unfunded Mandates Reform Act of 1995 require through regulations. The DOT the contracting requirements approved has determined that this proposal does for use under the pilot program have an This proposed rule would not impose not contain collection of information undue restriction on competition. unfunded mandates as defined by the Unfunded Mandates Reform Act of 1995 requirements for the purposes of the Regulatory Analyses and Notices (Pub. L. 104–4, 109 Stat. 48). This PRA. Executive Order 12866 (Regulatory proposed rule will not result in the Executive Order 12988 (Civil Justice Planning and Review) and USDOT expenditure by State, local, and tribal Reform) Regulatory Policies and Procedures governments, in the aggregate, or by the private sector, of $128.1 million or more This action meets applicable The DOT has preliminarily in any one year (2 U.S.C. 1532). Further, standards in sections 3(a) and 3(b)(2) of determined that this action would not in compliance with the Unfunded Executive Order 12988, Civil Justice be a significant regulatory action within Mandates Reform Act of 1995, the DOT Reform, to minimize litigation, the meaning of Executive Order 12866 will evaluate any regulatory action that eliminate ambiguity, and reduce and would not be significant within the might be proposed in subsequent stages burden. meaning of DOT regulatory policies and of the proceeding to assess the effects on procedures. It is anticipated that the State, local, tribal governments and the Executive Order 13045 (Protection of economic impact of this rulemaking private sector. Children) would be minimal. These proposed changes would not adversely affect, in Executive Order 13132 (Federalism We have analyzed this rule under a material way, any sector of the Assessment) Executive Order 13045, Protection of economy. In addition, these changes This proposed action has been Children from Environmental Health would not interfere with any action analyzed in accordance with the Risks and Safety Risks. The DOT taken or planned by another agency and principles and criteria contained in certifies that this proposed action would would not materially alter the budgetary Executive Order 13132, and the DOT not cause any environmental risk to impact of any entitlements, grants, user has determined preliminarily that this health or safety that might fees, or loan programs. Consequently, a proposed action would not have disproportionately affect children. full regulatory evaluation is not sufficient federalism implications to Executive Order 12630 (Taking of required. warrant the preparation of a federalism Private Property) Allowing local geographic preferences assessment. The DOT has also in hiring, where none currently exist, determined that this proposed action The DOT has analyzed this proposed may result in additional local hiring and would not preempt any State law or rule under Executive Order 12630, in non-local workers not obtaining jobs State regulation or affect the States’ Governmental Actions and Interface they otherwise might get. To the extent ability to discharge traditional State with Constitutionally Protected Property this occurs this would be an economic governmental functions. Rights. The DOT does not anticipate transfer from non-local workers to local that this proposed action would affect a workers and not a cost. Executive Order 13211 (Energy Effects) taking of private property or otherwise To the extent local labor markets are We have analyzed this action under have taking implications under tight this could increase labor costs for Executive Order 13211, Actions Executive Order 12630.

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National Environmental Policy Act PART 1201—UNIFORM • Federal eRulemaking Portal: Go to ADMINISTRATIVE REQUIREMENTS, http://www.regulations.gov. Follow the The DOT has analyzed the COST PRINCIPLES, AND AUDIT instructions for submitting comments. environmental impacts of this proposed REQUIREMENTS FOR FEDERAL • Fax: 202–493–2251. action pursuant to the National AWARDS • Mail: U.S. Department of Environmental Policy Act of 1969 Transportation, Docket Operations, M– (NEPA) (42 U.S.C. 4321 et seq.) and has ■ 1. The authority citation for part 1201 30, West Building Ground Floor, Room determined that it is categorically continues to read: W12–140, 1200 New Jersey Avenue SE., excluded pursuant to DOT Order Authority: 49 U.S.C. 322. Washington, DC 20590. 5610.1C, Procedures for Considering • Hand Delivery: U.S. Department of ■ Environmental Impacts (44 FR 56420, 2. Add § 1201.319 to read as follows: Transportation, Docket Operations, M– Oct. 1, 1979). Categorical exclusions are § 1201.319 Competition. 30, West Building Ground Floor, Room actions identified in an agency’s NEPA Notwithstanding 2 CFR 200.319, non- W12–140, 1200 New Jersey Avenue SE., implementing procedures that do not Washington, DC, between 9 a.m. and 5 normally have a significant impact on Federal entities may utilize geographic hiring preferences (including local p.m., Monday through Friday, except the environment and therefore do not Federal holidays. require either an environmental hiring preferences) pertaining to the use of labor on a project consistent with For service information identified in assessment (EA) or environmental this proposed AD, contact Airbus, impact statement (EIS). See 40 CFR such non-Federal entities’ policies and procedures, when not otherwise Airworthiness Office—EIAS, 1 Rond 1508.4. In analyzing the applicability of Point Maurice Bellonte, 31707 Blagnac a categorical exclusion, the agency must prohibited by Federal statute or regulation. Cedex, France; telephone +33 5 61 93 36 also consider whether extraordinary 96; fax +33 5 61 93 44 51; email circumstances are present that would [FR Doc. 2015–05215 Filed 3–5–15; 8:45 am] [email protected]; warrant the preparation of an EA or EIS. BILLING CODE 4910–9X–P Internet http://www.airbus.com. You Id. Paragraph 3.c.5 of DOT Order may view this referenced service 5610.1C incorporates by reference the information at the FAA, Transport DEPARTMENT OF TRANSPORTATION categorical exclusions for all DOT Airplane Directorate, 1601 Lind Avenue Operating Administrations. This action Federal Aviation Administration SW., Renton, WA. For information on is covered by the categorical exclusion the availability of this material at the listed in the Federal Highway FAA, call 425–227–1221. Administration’s implementing 14 CFR Part 39 procedures, ‘‘[p]romulgation of rules, Examining the AD Docket regulations, and directives.’’ 23 CFR [Docket No. FAA–2015–0250; Directorate Identifier 2014–NM–216–AD] You may examine the AD docket on 771.117(c)(20). The purpose of this the Internet at http:// rulemaking is to permit recipients and www.regulations.gov by searching for subrecipients to impose geographic- RIN 2120–AA64 and locating Docket No. FAA–2015– based hiring preferences whenever not Airworthiness Directives; Airbus 0250; or in person at the Docket otherwise prohibited by Federal statute. Airplanes Management Facility between 9 a.m. The agency does not anticipate any and 5 p.m., Monday through Friday, environmental impacts, and there are no AGENCY: Federal Aviation except Federal holidays. The AD docket extraordinary circumstances present in Administration (FAA), DOT. contains this proposed AD, the connection with this rulemaking. ACTION: Notice of proposed rulemaking regulatory evaluation, any comments Regulation Identifier Number (NPRM). received, and other information. The street address for the Docket Operations A regulation identifier number (RIN) SUMMARY: We propose to adopt a new office (telephone 800–647–5527) is in is assigned to each regulatory action airworthiness directive (AD) for all the ADDRESSES section. Comments will listed in the Unified Agenda of Federal Airbus Model A318, A319, A320, and be available in the AD docket shortly Regulations. The Regulatory Information A321 series airplanes. This proposed after receipt. Service Center publishes the Unified AD was prompted by reports of airspeed FOR FURTHER INFORMATION CONTACT: Agenda in April and October of each indication discrepancies while flying at Sanjay Ralhan, Aerospace Engineer, year. The RIN contained in the heading high altitudes in inclement weather. International Branch, ANM–116, of this document can be used to cross This proposed AD would require Transport Airplane Directorate, FAA, reference this action with the Unified replacing certain pitot probes on the 1601 Lind Avenue SW., Renton, WA Agenda. captain, first officer, and standby sides 98057–3356; telephone 425–227–1405; with certain new pitot probes. We are fax 425–227–1149. List of Subjects in 2 CFR Part 1201 proposing this AD to prevent airspeed SUPPLEMENTARY INFORMATION: Uniform administrative requirements, indication discrepancies during Cost principles, and audit requirements inclement weather, which, depending Comments Invited for Federal awards. on the prevailing altitude, could lead to We invite you to send any written unknown accumulation of ice crystals relevant data, views, or arguments about Issued in Washington, DC, on February 24, and consequent reduced controllability 2015. this proposed AD. Send your comments of the airplane. Anthony R. Foxx, to an address listed under the DATES: We must receive comments on Secretary of Transportation. ADDRESSES section. Include ‘‘Docket No. this proposed AD by April 20, 2015. FAA–2015–0250; Directorate Identifier For the reasons set forth in the ADDRESSES: You may send comments, 2014–NM–216–AD’’ at the beginning of preamble, part 1201 of title 2 of the using the procedures found in 14 CFR your comments. We specifically invite Code of Federal Regulations is proposed 11.43 and 11.45, by any of the following comments on the overall regulatory, to be amended as follows: methods: economic, environmental, and energy

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aspects of this proposed AD. We will 586R1.pdf/AD_2002_586R1], that required AD because we evaluated all pertinent consider all comments received by the cleaning of Thales P/N C16195AA probes. information and determined an unsafe closing date and may amend this Since EASA issued AD 2014–0237, it was condition exists and is likely to exist or proposed AD based on those comments. brought to the Agency’s attention that Airbus develop on other products of these same We will post all comments we modification (mod) 155737 was introduced type designs. receive, without change, to http:// to install Thales probes in production. This affects paragraph (4) of the [EASA] AD. www.regulations.gov, including any Difference Between This Proposed AD For the reasons described above, this and the MCAI or Service Information personal information you provide. We [EASA] AD is revised to amend paragraph will also post a report summarizing each (4), making reference to aeroplanes which are The EASA MCAI specifies that substantive verbal contact we receive post-mod 25578, but also post-mod 155737, installation of a pitot probe approved about this proposed AD. as a result of which they have Thales probes after the effective date of the EASA AD, installed. and compliant with the ‘‘new EASA Discussion You may examine the MCAI in the icing requirements,’’ is equal to The European Aviation Safety Agency AD docket on the Internet at http:// compliance with the requirements in (EASA), which is the Technical Agent www.regulations.gov by searching for paragraph (h) of this proposed AD, for the Member States of the European and locating Docket No. FAA–2015– provided the part is approved by EASA Union, has issued EASA Airworthiness 0250. or Airbus’s EASA Design Organization Directive 2014–0237R1, dated December Approval (DOA). However, this 5, 2014 (referred to after this as the Related Rulemaking proposed AD does not include that Mandatory Continuing Airworthiness On February 4, 2004, we issued AD requirement because EASA regulations Information, or ‘‘the MCAI’’), to correct 2004–03–33, Amendment 39–13477 (69 do not apply to airplanes type an unsafe condition for all Airbus FR 9936, March 3, 2004), applicable to certificated for operation in the United Model A318, A319, A320, and A321 certain Airbus Model A300 B2 and B4 States under the provisions of section series airplanes. The MCAI states: series airplanes; Model A300 B4–600, 21.29 of the Federal Aviation Occurrences have been reported on A320 A300 B4–600R, and A300 F4–600R Regulations (14 CFR 21.29). family aeroplanes of airspeed indication series airplanes; Model A310 series Paragraph (1) of the MCAI requires discrepancies while flying at high altitudes Airplanes; Model A319, A320, and replacement of Thales part number (P/ in inclement weather conditions. A321 series airplanes; Model A330–301, N) 50620–10 pitot probes with Thales P/ Investigation results indicated that A320 –321, –322, –341, and –342 airplanes; N C16195AA pitot probes. However, aeroplanes equipped with Thales Avionics and Model A340 series airplanes. That that action is not included in this Part Number (P/N) 50620–10 or P/N AD requires, among other actions, proposed AD. Paragraph (f) of AD 2004– C16195AA pitot probes appear to have a replacement of certain pitot probes with greater susceptibility to adverse 03–33, Amendment 39–13477 (69 FR environmental conditions that aeroplanes certain new pitot probes. That AD was 9936, March 3, 2004), requires that equipped with certain other pitot probes. issued to prevent loss or fluctuation of action. indicated airspeed, which could result Prompted by earlier occurrences, DGAC Costs of Compliance [Direction Ge´ne´rale de l’Aviation Civile] in misleading information being France issued [DGAC] AD 2001–362 [http:// provided to the flightcrew. We estimate that this proposed AD ad.easa.europa.eu/blob/easa_ad_2001_ affects 953 airplanes of U.S. registry. 362.pdf/AD_2001-362] [which corresponds to Related Service Information Under 1 We also estimate that it would take paragraph (f) of FAA AD 2004–03–33, CFR Part 51 about 4 work-hours per product to Amendment 39–13477 (69 FR 9936, March 3, Airbus has issued Service Bulletin comply with the basic requirements of 2004)] to require replacement of Thales A320–34–1170, Revision 28, dated this proposed AD. The average labor (formerly known as Sextant) P/N 50620–10 pitot probes with Thales P/N C16195AA September 1, 2014; Service Bulletin rate is $85 per work-hour. Required probes. A320–34–1456, Revision 01, dated May parts would cost about $21,930 per Since that [DGAC] AD was issued, Thales 15, 2012; and Service Bulletin A320– product. Based on these figures, we pitot probe P/N C15195BA was designed, 34–1463, Revision 01, dated May 15, estimate the cost of this proposed AD on which improved airspeed indication 2012. The service information describes U.S. operators to be $21,223,310, or behavior in heavy rain conditions, but did procedures for replacing certain Thales $22,270 per product. not demonstrate the same level of robustness Avionics pitot probes on the captain, Authority for This Rulemaking to withstand high-altitude ice crystals. Based first officer, and standby sides with on these findings, EASA have decided to certain other Goodrich pitot probes. Title 49 of the United States Code implement replacement of the affected specifies the FAA’s authority to issue Thales [pitot] probes as a precautionary The actions described in this service measure to improve the safety level of the information are intended to correct the rules on aviation safety. Subtitle I, affected aeroplanes. unsafe condition identified in the section 106, describes the authority of Consequently, EASA issued AD 2014–0237 MCAI. This service information is the FAA Administrator. ‘‘Subtitle VII: [http://ad.easa.europa.eu/blob/easa_ad_ reasonably available; see ADDRESSES for Aviation Programs,’’ describes in more 2014_0237.pdf/AD_2014-0237], retaining the ways to access this service information. detail the scope of the Agency’s requirements of DGAC France AD 2001–362, authority. which was superseded, to require FAA’s Determination and Requirements We are issuing this rulemaking under replacement of Thales Avionics pitot probes of This Proposed AD the authority described in ‘‘Subtitle VII, P/N C16195AA and P/N C16195BA. This product has been approved by Part A, Subpart III, Section 44701: The following related DGAC France ADs the aviation authority of another General requirements.’’ Under that were also cancelled by EASA AD 2014–0237, without retaining any of their requirements: country, and is approved for operation section, Congress charges the FAA with in the United States. Pursuant to our promoting safe flight of civil aircraft in • AD 91–227–021R1 [http:// ad.easa.europa.eu/blob/easa_ad_91_227_ bilateral agreement with the State of air commerce by prescribing regulations 021R1.pdf/AD_91_227_021R1], that required Design Authority, we have been notified for practices, methods, and procedures replacement of Titeflex hoses; and of the unsafe condition described in the the Administrator finds necessary for • AD 2002–586R1 [http:// MCAI and service information safety in air commerce. This regulation ad.easa.europa.eu/blob/easa_ad_2002_ referenced above. We are proposing this is within the scope of that authority

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because it addresses an unsafe condition (2) Airbus Model A319–111, –112, –113, effective date of this AD using the service that is likely to exist or develop on –114, –115, –131, –132, and –133 airplanes. information identified in paragraph (i)(1)(i) products identified in this rulemaking (3) Airbus Model A320–211, –212, –214, through (i)(1)(xxiv) of this AD. This service action. –231, –232, and –233 airplanes. information is not incorporated by reference (4) Airbus Model A321–111, –112, –131, in this AD. Regulatory Findings –211, –212, –213, –231, and –232 airplanes. (i) Airbus Service Bulletin A320–34–1170, Revision 04, dated May 24, 2000. We determined that this proposed AD (d) Subject (ii) Airbus Service Bulletin A320–34–1170, would not have federalism implications Air Transport Association (ATA) of Revision 05, dated September 11, 2000. under Executive Order 13132. This America Code 34, Navigation. (iii) Airbus Service Bulletin A320–34– proposed AD would not have a 1170, Revision 06, dated October 18, 2001. (e) Reason substantial direct effect on the States, on (iv) Airbus Service Bulletin A320–34– the relationship between the national This AD was prompted by reports of 1170, Revision 07, dated December 4, 2001. Government and the States, or on the airspeed indication discrepancies while (v) Airbus Service Bulletin A320–34–1170, flying at high altitudes in inclement weather. Revision 08, dated January 15, 2003. distribution of power and We are issuing this AD to prevent airspeed responsibilities among the various (vi) Airbus Service Bulletin A320–34– indication discrepancies during inclement 1170, Revision 09, dated February 17, 2003. levels of government. weather, which, depending on the prevailing (vii) Airbus Service Bulletin A320–34– For the reasons discussed above, I altitude, could lead to unknown 1170, Revision 10, dated November 21, 2003. certify this proposed regulation: accumulation of ice crystals and consequent (viii) Airbus Service Bulletin A320–34– 1. Is not a ‘‘significant regulatory reduced controllability of the airplane. 1170, Revision 11, dated August 18, 2004. action’’ under Executive Order 12866; (f) Compliance (ix) Airbus Service Bulletin A320–34– 2. Is not a ‘‘significant rule’’ under the 1170, Revision 12, dated December 2, 2004. DOT Regulatory Policies and Procedures Comply with this AD within the (x) Airbus Service Bulletin A320–34–1170, (44 FR 11034, February 26, 1979); compliance times specified, unless already Revision 13, dated January 18, 2005. done. 3. Will not affect intrastate aviation in (xi) Airbus Service Bulletin A320–34– Alaska; and (g) Replacement of Pitot Probes 1170, Revision 14, dated April 21, 2005. 4. Will not have a significant Within 48 months after the effective date (xii) Airbus Service Bulletin A320–34– economic impact, positive or negative, of this AD: Replace any Thales pitot probe 1170, Revision 15, dated July 19, 2005. on a substantial number of small entities having part number (P/N) C16195AA or P/N (xiii) Airbus Service Bulletin A320–34– under the criteria of the Regulatory C16195BA, with a Goodrich pitot probe 1170, Revision 16, dated November 23, 2006. (xiv) Airbus Service Bulletin A320–34– Flexibility Act. having P/N 0851HL, in accordance with the Accomplishment Instructions of Airbus 1170, Revision 17, dated February 14, 2007. List of Subjects in 14 CFR Part 39 Service Bulletin A320–34–1170, Revision 28, (xv) Airbus Service Bulletin A320–34– 1170, Revision 18, dated October 9, 2009. Air transportation, Aircraft, Aviation dated September 1, 2014. Accomplishing the replacement in this paragraph terminates the (xvi) Airbus Service Bulletin A320–34– safety, Incorporation by reference, requirements of paragraph (f) of AD 2004– 1170, Revision 19, dated November 9, 2009. Safety. 03–33, Amendment 39–13477 (69 FR 9936, (xvii) Airbus Service Bulletin A320–34– March 3, 2004), for that airplane only. 1170, Revision 20, dated December 1, 2010. The Proposed Amendment (xviii) Airbus Service Bulletin A320–34– Accordingly, under the authority (h) Methods of Compliance for Replacement 1170, Revision 21, dated March 24, 2011. delegated to me by the Administrator, (1) Replacement of the pitot probes in (xix) Airbus Service Bulletin A320–34– the FAA proposes to amend 14 CFR part accordance with the Accomplishment 1170, Revision 22, dated July 19, 2011. 39 as follows: Instructions of Airbus Service Bulletin A320– (xx) Airbus Service Bulletin A320–34– 34–1456, Revision 01, dated May 15, 2012 1170, Revision 23, dated February 3, 2012. PART 39—AIRWORTHINESS (pitot probes on the captain and standby (xxi) Airbus Service Bulletin A320–34– DIRECTIVES sides); and Airbus Service Bulletin A320–34– 1170, Revision 24, dated April 12, 2012. 1463, Revision 01, dated May 15, 2012 (pitot (xxii) Airbus Service Bulletin A320–34– ■ 1. The authority citation for part 39 probes on the first officer side); is an 1170, Revision 25, dated September 4, 2012. continues to read as follows: acceptable method of compliance with the (xxiii) Airbus Service Bulletin A320–34– requirements of paragraph (g) of this AD. 1170, Revision 26, dated September 16, 2013. Authority: 49 U.S.C. 106(g), 40113, 44701. (2) Airplanes on which Airbus (xxiv) Airbus Service Bulletin A320–34– Modification 25578 was embodied in 1170, Revision 27, dated March 18, 2014. § 39.13 [Amended] production, except for post-modification (2) This paragraph provides credit for the ■ 2. The FAA amends § 39.13 by adding 25578 airplanes on which Airbus replacement of pitot probes on the captain the following new airworthiness Modification 155737 (installation of Thales and standby sides specified in paragraph directive (AD): pitot probes) was also embodied in (h)(1) of this AD, if the replacement was production, are compliant with the performed before the effective date of this AD Airbus: Docket No. FAA–2015–0250; requirements of paragraph (g) of this AD, using Airbus Service Bulletin A320–34–1456, Directorate Identifier 2014–NM–216–AD. provided it can be conclusively determined dated December 2, 2009, which is not (a) Comments Due Date that no Thales pitot probe having P/N incorporated by reference in this AD. We must receive comments by April 20, C16195AA, P/N C16195BA, or P/N 50620–10 (3) This paragraph provides credit for the 2015. has been installed since the date of issuance replacement of pitot probes on the first of the original certificate of airworthiness or officer side specified in paragraph (h)(1) of (b) Affected ADs the date of issuance of the original export this AD, if those actions were performed This AD affects AD 2004–03–33, certificate of airworthiness. Post-modification before the effective date of this AD using Amendment 39–13477 (69 FR 9936, March 3, 25578 airplanes on which Airbus Airbus Service Bulletin A320–34–1463, 2004). Modification 155737 (installation of Thales dated March 9, 2010, which is not pitot probes) was also embodied in incorporated by reference in this AD. (c) Applicability production must be in compliance with the (j) Parts Installation Limitations This AD applies to the airplanes identified requirements of paragraph (g) of this AD. in paragraphs (c)(1), (c)(2), (c)(3), and (c)(4) (1) At the applicable time specified in of this AD, certificated in any category, all (i) Credit for Previous Actions paragraph (j)(1)(i) or (j)(1)(ii) of this AD: No manufacturer serial numbers. (1) This paragraph provides credit for the person may install on any airplane a Thales (1) Airbus Model A318–111, –112, –121, actions required by paragraph (g) of this AD, pitot probe having P/N C16195AA or P/N and –122 airplanes. if those actions were performed before the C16195BA.

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(i) For airplanes with a Thales pitot probe Issued in Renton, Washington, on February amend 26 CFR part 1 under section having P/N C16195AA or P/N C16195BA 19, 2015. 1502 of the Internal Revenue Code installed: After accomplishing the John P. Piccola, Jr., (Code). Section 1502 authorizes the replacement required by paragraph (g) of this Acting Manager, Transport Airplane Secretary to prescribe regulations for AD. Directorate, Aircraft Certification Service. corporations that join in filing a (ii) For airplanes without a Thales pitot [FR Doc. 2015–04495 Filed 3–5–15; 8:45 am] consolidated return, and it expressly probe having P/N C16195AA or P/N BILLING CODE 4910–13–P provides that those rules may be C16195BA installed: As of the effective date of this AD. different from the provisions of chapter (2) As of the effective date of this AD, no 1 of subtitle A of the Code that would person may install on any airplane a Thales DEPARTMENT OF THE TREASURY apply if those corporations filed pitot probe having part number P/N 50620– separate returns. Terms used in the 10. Internal Revenue Service consolidated return regulations generally are defined in § 1.1502–1. (k) Other FAA AD Provisions 26 CFR Part 1 These proposed regulations provide The following provisions also apply to this guidance under § 1.1502–76, which [REG–100400–14] AD: prescribes rules for determining the (1) Alternative Methods of Compliance RIN 1545–BM14 taxable period in which items of (AMOCs): The Manager, International income, gain, deduction, loss, and credit Branch, ANM–116, Transport Airplane Guidance Regarding Reporting Income (tax items) of a corporation that joins in Directorate, FAA, has the authority to and Deductions of a Corporation That filing a consolidated return are approve AMOCs for this AD, if requested Becomes or Ceases To Be a Member included. Section 1.1502–76(b) using the procedures found in 14 CFR 39.19. of a Consolidated Group provides, in part, that if a corporation In accordance with 14 CFR 39.19, send your request to your principal inspector or local AGENCY: Internal Revenue Service (IRS), (S) becomes or ceases to be a member Flight Standards District Office, as Treasury. of a consolidated group during a consolidated return year, S must appropriate. If sending information directly ACTION: Notice of proposed rulemaking. to the International Branch, send it to ATTN: include in the consolidated return its Sanjay Ralhan, Aerospace Engineer, SUMMARY: This document contains tax items for the period during which it International Branch, ANM–116, Transport proposed amendments to the is a member. S also must file a separate Airplane Directorate, FAA, 1601 Lind consolidated return regulations. These return (including a consolidated return Avenue SW., Renton, WA 98057–3356; proposed regulations would revise the of another group) that includes its items telephone 425–227–1405; fax 425–227–1149. rules for reporting certain items of for the period during which it is not a Information may be emailed to: 9-ANM-116- income and deduction that are member. [email protected]. Before using reportable on the day a corporation joins 2. Prior and Current Regulations any approved AMOC, notify your appropriate or leaves a consolidated group. The principal inspector, or lacking a principal proposed regulations would affect such On September 8, 1966, the IRS and inspector, the manager of the local flight corporations and the consolidated the Treasury Department promulgated standards district office/certificate holding groups that they join or leave. regulations under § 1.1502–76 in TD district office. The AMOC approval letter 6894, 31 FR 11794 (1966 regulations). must specifically reference this AD. DATES: Written or electronic comments and requests for a public hearing must Section 1.1502–76(b) of the 1966 (2) Contacting the Manufacturer: For any regulations was silent regarding the requirement in this AD to obtain corrective be received by June 4, 2015. treatment of S’s tax items that accrued actions from a manufacturer, the action must ADDRESSES: Send submissions to: on the day S became or ceased to be a be accomplished using a method approved CC:PA:LPD:PR (REG–100400–14), Room member of a consolidated group (S’s by the Manager, International Branch, ANM– 5203, Internal Revenue Service, P.O. change in status). Thus, whether S’s tax 116, Transport Airplane Directorate, FAA; or Box 7604, Ben Franklin Station, items for the day of S’s change in status the European Aviation Safety Agency Washington, DC 20044. Submissions should have been reflected on S’s tax (EASA); or Airbus’s EASA Design may be hand-delivered Monday through Organization Approval (DOA). If approved by return for the short period ending with Friday between the hours of 8 a.m. and the DOA, the approval must include the S’s change in status, or whether these 4 p.m. to CC:PA:LPD:PR (REG–100400– DOA-authorized signature. tax items should have been reflected 14), Courier’s Desk, Internal Revenue instead on S’s tax return for the short (l) Related Information Service, 1111 Constitution Avenue NW., period beginning after S’s change in (1) Refer to Mandatory Continuing Washington, DC, or sent electronically status, was unclear under the 1966 Airworthiness Information (MCAI) EASA via the Federal eRulemaking Portal at regulations. Airworthiness Directive 2014–0237R1, dated http://www.regulations.gov/ (IRS REG– On August 15, 1994, the IRS and the December 5, 2014, for related information. 100400–14). This MCAI may be found in the AD docket Treasury Department published final FOR FURTHER INFORMATION CONTACT: on the Internet at http://www.regulations.gov regulations (TD 8560; 59 FR 41666) Concerning the proposed regulations, by searching for and locating Docket No. under § 1.1502–76(b) (current FAA–2015–0250. Russell G. Jones, (202) 317–6847; regulations) that revised the 1966 (2) For service information identified in concerning the submission of comments regulations to eliminate uncertainty this AD, contact Airbus, Airworthiness or to request a public hearing, regarding the treatment of tax items Office—EIAS, 1 Rond Point Maurice Oluwafunmilayo (Funmi) P. Taylor, recognized by S on the day of S’s change Bellonte, 31707 Blagnac Cedex, France; (202) 317–6901 (not toll-free numbers). in status. Under the general rule of telephone +33 5 61 93 36 96; fax +33 5 61 SUPPLEMENTARY INFORMATION: § 1.1502–76(b)(1)(ii)(A)(1) of the current 93 44 51; email account.airworth-eas@ airbus.com; Internet http://www.airbus.com. Background and Explanation of regulations (current end of the day rule), You may view this service information at the Provisions S is treated for all federal income tax purposes as becoming or ceasing to be FAA, Transport Airplane Directorate, 1601 1. Introduction Lind Avenue SW., Renton, WA. For a member of a consolidated group at the information on the availability of this This notice of proposed rulemaking end of the day of S’s change in status, material at the FAA, call 425–227–1221. contains proposed regulations that and S’s tax items that are reportable on

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that day generally are included in the and group B caused S to sell one of its proposed regulations also clarify that tax return for the taxable year that ends divisions on the same day it was the anti-avoidance rule in § 1.1502– as a result of S’s change in status. acquired by group B, the gain from the 76(b)(3) may apply to situations in The notice of proposed rulemaking sale of the division would be which a person modifies an existing that proposed the current end of the day inappropriately allocable to group A’s contract or other agreement in rule (57 FR 53634, Nov. 12, 1992) (1992 consolidated return. Commenters anticipation of S’s change in status. NPRM) indicated that the current end of recommended that final regulations The proposed regulations also add a the day rule was intended to provide adopt rules substantially similar to the rule (previous day rule, described in certainty and prevent inconsistent current next day rule to protect the section 3.C. of this preamble) to clarify reporting of S’s items between the reasonable expectations of sellers and the application of the S corporation consolidated and separate returns. Prior buyers of S’s stock. Commenters exception. In addition, the proposed to the 1992 NPRM, some taxpayers had suggested that a rule providing this type regulations limit the scope of the end of inferred (based upon the administrative of protection was most appropriate with the day rule, the next day rule, the S practice of the IRS) that the inclusion in respect to extraordinary items, and some corporation exception, and the previous a particular return of a tax item of S commenters suggested that a rule day rule to determining the period in incurred on the day of S’s change in similar to the current next day rule which S must report certain tax items status depended on a factual should operate unless the seller and and determining the treatment of an determination of whether the buyer of S agreed otherwise. asset or a tax item for purposes of transaction occurred before or after sections 382(h) and 1374 (as opposed to noon on the day of S’s change in status 3. Proposed Regulations applying for all federal income tax (the so-called ‘‘lunch rule’’). A. Overview purposes). There are two exceptions to the Additionally, the proposed current end of the day rule. The first The IRS and the Treasury Department regulations provide that short taxable exception (in § 1.1502–76(b)(1)(ii)(A)(2)) have determined that changes should be years resulting from intercompany provides that if a corporation is an S made to the regulations under § 1.1502– transactions to which section 381(a) corporation (within the meaning of 76(b) due to uncertainty regarding the applies (intercompany section 381 section 1361(a)(1)) immediately before appropriate application of the current transactions) are not taken into account becoming a member of a consolidated next day rule. These proposed in determining the carryover period for group, the corporation becomes a regulations address this concern as well a tax item of the distributor or transferor member of the group at the beginning of as additional concerns with the current member in the intercompany section the day the termination of its S regulations, as summarized in this 381 transaction or for purposes of corporation election is effective section 3.A. and discussed in greater section 481(a). Furthermore, the (termination date), and its taxable year detail in sections 3.B. through 3.K. of proposed regulations provide that the ends for all federal income tax purposes this preamble. due date for filing S’s separate return for at the end of the preceding day (S To provide certainty, the proposed the taxable year that ends as a result of corporation exception). The S regulations generally clarify the period S becoming a member is not accelerated corporation exception was added by TD in which S must report certain tax items if S ceases to exist in the same 8842 (64 FR 61205; Nov. 10, 1999) to by replacing the current next day rule consolidated return year. eliminate the need to file a one-day C with a new exception to the end of the The proposed regulations make corporation return for the day an S day rule (proposed next day rule) that several other conforming and non- corporation is acquired by a is more narrowly tailored to clearly substantive changes to the current consolidated group. No additional rule reflect taxable income and prevent regulations as well. Finally, the was necessary with respect to a certain post-closing actions from proposed regulations add several qualified S corporation subsidiary adversely impacting S’s tax return for examples to illustrate the proposed (QSub) of an S corporation that joins a the period ending on the day of S’s rules. consolidated group. See § 1.1361– change in status. The proposed next day The IRS and the Treasury Department 5(a)(3). rule applies only to ‘‘extraordinary note that neither the current regulations Added at the same time as the current items’’ (as defined in § 1.1502– nor the proposed regulations are end of the day rule, the second 76(b)(2)(ii)(C) of the proposed intended to supersede general rules in exception (in § 1.1502–76(b)(1)(ii)(B)) regulations) that result from transactions the Code and regulations concerning provides that if a transaction occurs on that occur on the day of S’s change in whether an item is otherwise includible the day of S’s change in status that is status, but after the event causing the or deductible. properly allocable to the portion of S’s change, and that would be taken into day after the event resulting in S’s account by S on that day. This rule B. Proposed Next Day Rule change in status, S and certain related requires those extraordinary items to be The current next day rule provides persons must treat the transaction as allocated to S’s tax return for the period that S and certain related persons must occurring at the beginning of the beginning the next day. The proposed treat a transaction as occurring at the following day for all federal income tax next day rule is expressly inapplicable beginning of the day following S’s purposes (current next day rule). The to any extraordinary item that arises change in status if the transaction current next day rule was added in simultaneously with the event that occurs on the day of S’s change in status response to comments to the 1992 causes S’s change in status. and is ‘‘properly allocable’’ to the NPRM suggesting that the current end of The proposed regulations further portion of that day following S’s change the day rule created a ‘‘seller beware’’ clarify that fees for services rendered in in status. The IRS and the Treasury problem with respect to S’s tax items connection with S’s change in status Department believe, however, that the arising on the day of S’s change in status constitute a ‘‘compensation-related standards provided in the current next but after the event causing S’s change in deduction’’ for purposes of § 1.1502– day rule for determining whether a status. Commenters suggested that, for 76(b)(2)(ii)(C)(9) (if payment of the fees transaction is ‘‘properly allocable’’ to example, if consolidated group A sold would give rise to a deduction), and the portion of S’s day after the event the stock of S to consolidated group B, therefore an extraordinary item. The resulting in S’s change in status have

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been inappropriately interpreted by reported on S’s tax return for the short rule applies ‘‘for all federal income tax taxpayers. The current next day rule period ending on the day of S’s change purposes,’’ it may be unclear whether provides that a determination of in status. The proposed regulations are the transferee becomes a member whether a transaction is ‘‘properly expected to afford taxpayers and the IRS ‘‘immediately after the transaction,’’ allocable’’ to the portion of S’s day after greater certainty regarding the period to whether the transaction is an the event resulting in S’s change in which S’s tax items resulting from such intercompany transaction, and whether status is respected if it is ‘‘reasonable a transaction are allocated. section 357(c) could apply to the and consistently applied by all affected transaction. C. Previous Day Rule persons.’’ In determining whether an To eliminate possible confusion allocation is ‘‘reasonable,’’ certain As noted in section 2 of this arising from application of the current factors enumerated in the current preamble, the special rule for S end of the day rule and related rules, regulations are to be considered, corporations provides an exception to these proposed regulations provide that including whether tax items arising the end of the day rule if an S the end of the day rule, the proposed from the same transaction are allocated corporation joins a consolidated group. next day rule, the S corporation inconsistently. Some taxpayers have To avoid creating a one-day C exception, and the previous day rule interpreted these rules as providing corporation tax return for the apply for purposes of determining the flexibility in reporting tax items that termination date, the S corporation period in which S must report its tax result from transactions occurring on exception provides that S becomes a items, as well as for purposes of sections the day of S’s change in status so that member of the group at the beginning of 382(h) and 1374 (discussed in section those items can be allocated by the termination date, and that S’s 3.I. of this preamble). taxable year ends for all federal income agreement to the day of, or to the day E. Extraordinary Items following, S’s change in status. The IRS tax purposes at the end of the preceding and the Treasury Department view this day. The proposed next day rule interpretation of the current next day Although these proposed regulations mandatorily applies to extraordinary rule as inappropriate because it retain the S corporation exception, the items that result from a transaction that effectively would permit taxpayers to proposed regulations add a previous day occurs on the day of S’s change in status elect the income tax return on which rule that mirrors the principles of the but after the event that causes the these tax items are reported and proposed next day rule. Whereas the change. In contrast, the previous day therefore may not result in an allocation proposed next day rule requires rule mandatorily applies to that clearly reflects taxable income. This extraordinary items resulting from extraordinary items that result from a electivity is inconsistent with the transactions that occur on the day of S’s transaction that occurs on the day of S’s purpose of § 1.1502–76(b) to clearly change in status (but after the event change in status but before or reflect the income of S and the causing the change) to be allocated to simultaneously with the event that consolidated group. Further, the IRS S’s tax return for the short period that causes S’s status as an S corporation to and the Treasury Department have begins the following day, the previous terminate. observed that the current regulations day rule requires extraordinary items One category of extraordinary items, create controversy between taxpayers resulting from transactions that occur on set forth in § 1.1502–76(b)(2)(ii)(C)(9) of and the IRS as to whether certain of S’s the termination date (but before or the current regulations, applies to any tax items that become reportable on the simultaneously with the event causing ‘‘compensation-related deduction in day of S’s change in status are properly S’s status as an S corporation to connection with S’s change in status.’’ allocated to S’s tax return for the period terminate) to be allocated to S’s tax The proposed regulations clarify that ending that day rather than to S’s tax return for the short period that ends on this category of extraordinary items return for the period beginning the next the previous day (that is, the day includes (among other items) a day. preceding the termination date). deduction for fees for services rendered The proposed next day rule is in connection with S’s change in status. D. Revised Scope of the End of the Day For example, if payment of a fee for the intended to eliminate the perceived Rule and Related Rules electivity and the source of these services of a financial adviser is controversies. Under the proposed Under the current end of the day rule, contingent upon a successful regulations, the application of the S becomes or ceases to be a member at acquisition of S’s stock, to the extent the proposed next day rule is mandatory the end of the day on which its status fee gives rise to a deduction, the rather than elective—if an extraordinary as a member changes, and its tax year deduction for the accrual of that item results from a transaction that ends ‘‘for all federal income tax expense is an extraordinary item, and occurs on the day of S’s change in purposes’’ at the end of that day. the deduction is allowable only in S’s status, but after the event resulting in However, applying the end of the day taxable year that ends at the close of the the change, and if the item would be rule for purposes other than the day of the change. taken into account by S on that day, the reporting of S’s tax items could yield The IRS and the Treasury Department transaction resulting in the results inconsistent with other request comments as to whether the list extraordinary item is treated as consolidated return rules. For example, of extraordinary items set forth in occurring at the beginning of the under §§ 1.1502–13 and 1.1502– § 1.1502–76(b)(2)(ii)(C) should be following day for purposes of 80(d)(1), if a member contributes modified to include any item not determining the period in which S must property subject to a liability in excess currently listed or whether any item report the item. of the property’s basis to a nonmember currently included should be deleted or The proposed regulations also provide in exchange for the nonmember’s stock, modified. Specifically, the IRS and the that the proposed next day rule is and if the transferee becomes a member Treasury Department are considering inapplicable to items that arise of the transferor’s consolidated group as whether the item in § 1.1502– simultaneously with the event that a result of the exchange, the transaction 76(b)(2)(ii)(C)(5) (‘‘[a]ny item carried to causes S’s change in status. Under the is treated as an intercompany or from any portion of the original year end of the day rule (as revised by these transaction and section 357(c) does not (e.g., a net operating loss carried under proposed regulations), those items are apply. However, if the end of the day section 172), and any section 481(a)

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adjustment’’) should be modified to in which S owns an interest, and built-in loss treated as an RBIL further include ‘‘any section 481(a) adjustment whether any other changes should be reduces the outstanding NUBIL balance. or the acceleration thereof,’’ and made to § 1.1502–76(b)(2)(vi) of the In many cases, the event that causes whether the item in § 1.1502– current regulations. S’s change in status for purposes of 76(b)(2)(ii)(C)(6) (‘‘[t]he effects of any § 1.1502–76(b)(1)(ii) also causes S to change in accounting method initiated H. Anti-Avoidance Rule undergo an ownership change for by the filing of the appropriate form Under § 1.1502–76(b)(3) of the current purposes of section 382. Thus, an item after S’s change in status’’) should regulations, if any person acts with a of deduction or loss that becomes continue to be included in the list of principal purpose contrary to the reportable on the day of S’s change in extraordinary items. purposes of § 1.1502–76(b) to status falls within the recognition The IRS and the Treasury Department substantially reduce the federal income period beginning that day, even if the also request comments as to whether tax liability of any person (prohibited item is allocated to S’s short period any extraordinary item should be purpose), adjustments must be made as ending that day under the end of the excluded, in whole or in part, from necessary to carry out the purposes of day rule. As a consequence, an item that should be a pre-change loss is treated as application of the next day rule and the § 1.1502–76 of the current regulations previous day rule. In particular, the IRS an RBIL that reduces the outstanding (anti-avoidance rule). The proposed and the Treasury Department request NUBIL balance. For example, assume regulations clarify that the anti- comments as to whether the consolidated group A sells all of S’s avoidance rule may apply to situations extraordinary items set forth in stock to consolidated group B. If on the in which a person modifies an existing § 1.1502–76(b)(2)(ii)(C)(5) and (6) of the day of S’s change in status (but before contract or other agreement in current regulations should be excluded, the event causing the change), S anticipation of S’s change in status in in whole or in part, from application of recognizes a loss on the sale of an asset, order to shift an item between the these rules. under the end of the day rule the loss taxable years that end and begin as a is reported on group A’s consolidated F. Ratable Allocation result of S’s change in status if such return. However, notwithstanding that Rather than require S to perform a actions are undertaken with a the loss may not be claimed by group B, closing of the books on the day of its prohibited purpose. The IRS and the the loss may be treated as an RBIL and change in status, the current regulations Treasury Department request comments reduce the outstanding NUBIL balance. under § 1.1502–76(b)(2)(ii) permit S’s regarding this proposed amendment to To prevent such an outcome, these tax items, other than the extraordinary the anti-avoidance rule. proposed regulations provide that, for items, to be ratably allocated between I. Coordination With Sections 382(h) purposes of section 382(h), items S’s two short taxable years if certain and 1374 includible in the short taxable year that conditions are met. The IRS and the ends as a result of S’s change in status Treasury Department request comments 1. Section 382 (including items allocated to that as to whether S no longer should be For purposes of section 382, the term taxable year under the end of the day permitted to elect to ratably allocate its recognized built-in loss (RBIL) means rule) are not treated as occurring in the tax items between the periods ending any loss recognized during the recognition period. Rather, only items and beginning with S’s change in status. recognition period on the disposition of includible in S’s short taxable year that G. Certain Foreign Entities any asset held by the loss corporation begins as a result of S’s change in status (including items allocated to that Solely for purposes of determining the immediately before the date of the section 382 ownership change (change taxable year under the proposed next short taxable year of S to which the day rule) are treated as occurring in the items of a passthrough entity in which date), to the extent the loss reflects a built-in loss on the change date. Section recognition period. Therefore, the S owns an interest are allocated, beginning of the recognition period for 382(h)(2)(B). The term recognition § 1.1502–76(b)(2)(vi)(A) of the current purposes of section 382(h) would period means the five-year period regulations generally provides that S is correspond with the beginning of S’s beginning on the change date. Section treated as selling or exchanging its short taxable year that begins on the day 382(h)(7)(A). entire interest in the entity immediately after S’s change in status. before S’s change in status. This rule Section 382(h)(1)(B) generally does not apply to certain foreign provides that if a loss corporation has a 2. Section 1374 corporations the ownership of which net unrealized built-in loss (NUBIL), Section 1374 generally imposes a may give rise to deemed income then any RBIL taken into account in a corporate-level tax (section 1374 tax) on inclusions under the Code. In addition, taxable year any portion of which falls the recognition of gain by an S a deemed income inclusion from a in the recognition period (recognition corporation that formerly was a C foreign corporation and a deferred tax period taxable year) is treated as a corporation (or that acquired assets from amount from a passive foreign deduction subject to the loss a C corporation in a transferred basis investment company under section 1291 corporation’s section 382 limitation as if transaction) during a recognition period are treated as extraordinary items under the RBIL were a pre-change loss. The specified in section 1374(d)(7) (section § 1.1502–76(b)(2)(ii)(C)(11). The IRS and amount of RBILs subject to the section 1374 recognition period), but only to the the Treasury Department request 382 limitation in any recognition period extent of the corporation’s net comments as to whether such deemed taxable year is limited, however, to the recognized built-in gain (as defined in income inclusions or deferred tax excess of the NUBIL over total RBILs in section 1374(d)(2)) for a given taxable amounts should continue to be treated prior taxable years ending in the year. The section 1374 tax also applies as extraordinary items, whether rules recognition period. (The amount of such to certain tax items attributable to the having similar effects to the rule in excess is referred to in this preamble as corporation’s C corporation taxable § 1.1502–76(b)(2)(vi)(A) relating to the outstanding NUBIL balance.) In years. In addition, regulations under passthrough entities should be adopted other words, the amount of the NUBIL section 337(d) extend section 1374 for controlled foreign corporations and limits the amount of RBILs that are treatment to (1) a C corporation’s passive foreign investment companies treated as pre-change losses, and any conversion to a real estate investment

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trust (REIT), regulated investment transaction is not counted as a separate apply to consolidated return years company (RIC), and certain tax-exempt taxable year for purposes of determining beginning on or after the date these entities, or (2) certain cases in which a either the taxable years to which any tax regulations are published as final REIT, RIC, or tax-exempt entity acquires attribute of the distributor or transferor regulations in the Federal Register. The assets in a transferred basis transaction member may be carried or the taxable other amendments to § 1.1502–76(b) from a C corporation. years in which an adjustment under will apply to corporations becoming or As with the application of section section 481(a) is taken into account. No ceasing to be members of consolidated 382(h), the event that causes S’s change inference should be drawn from the groups on or after the date these in status for purposes of § 1.1502– proposed changes to these rules as to regulations are published as final 76(b)(1)(ii) may be the event that results whether a short taxable year of a regulations in the Federal Register. in S being a corporation that is subject member resulting from an intercompany to the section 1374 tax. Therefore, it is section 381 transaction is counted under Special Analyses necessary to determine in which return current law for purposes of determining It has been determined that this notice (the group’s consolidated return or S’s the years to which a tax credit may be of proposed rulemaking is not a separate return beginning the day after carried or in which a section 481 significant regulatory action as defined S’s change in status) S’s tax items for the adjustment is taken into account. in Executive Order 12866, as day of S’s change in status are included. K. Due Date for Filing Tax Returns supplemented by Executive Order Similarly, if the event that causes S’s 13563. Therefore, a regulatory change in status for purposes of The proposed regulations also assessment is not required. It is hereby § 1.1502–76(b)(1)(ii) is the event that eliminate a provision that could cause certified that these regulations will not results in S ceasing to be a corporation taxpayers to inadvertently miss a return have a significant impact on a subject to the section 1374 tax, it is filing deadline. Under § 1.1502–76(b)(4) substantial number of small entities. necessary to determine in which return of the current regulations, if S joins a This certification is based on the fact (the group’s consolidated return or S’s consolidated group, the due date for that the regulations apply only to separate return for the period ending the filing S’s separate return is the earlier of transactions involving corporations that day before S’s change in status) S’s tax the due date (with extensions) of the file consolidated federal income tax items for the day of S’s change in status group’s return or the due date (with returns, and that such corporations tend are included. The proposed regulations extensions) of S’s return if S had not to be larger businesses. Accordingly, a thus provide that if S ceases to be a joined the group. If S goes out of Regulatory Flexibility Analysis under corporation subject to the section 1374 existence during the consolidated return the Regulatory Flexibility Act (5 U.S.C. tax upon becoming a member, or if S year in which S joins a group, its taxable chapter 6) is not required. Pursuant to elects to be a corporation that is subject year would end. Under section 6072, the section 7805(f) of the Code, these to the section 1374 tax for its first due date for S’s short period return regulations will be submitted to the separate return year after ceasing to be would be the 15th day of the third Chief Counsel for Advocacy of the Small a member, S’s items of recognized built- month (ninth month, with extensions) Business Administration for comment in gain or loss for purposes of section following the date on which S ceases to on their impact on small business. 1374 will include only the amounts exist. Accordingly, if S ceases to exist reported on S’s separate return during the same consolidated return Comments and Public Hearing (including items reported on that return year in which it becomes a member, the Before these proposed regulations are under the previous day rule or the next due date for S’s tax return for the short adopted as final regulations, day rule). period that ended as a result of S consideration will be given to any becoming a member could be J. Intercompany Section 381 comments that are submitted timely to accelerated. To prevent a taxpayer from Transactions the IRS as prescribed in this preamble inadvertently missing a filing date and under the ‘‘Addresses’’ heading. The Under the current consolidated return being subject to potential penalties for IRS and the Treasury Department regulations, if a member distributes or filing a late return, the proposed request comments on all aspects of the transfers its assets to another regulations provide that if S goes out of proposed rules. All comments will be corporation that is a member existence in the same consolidated available for public inspection and immediately after the distribution or return year in which it becomes a copying. A public hearing may be transfer in an intercompany section 381 member, the due date for filing S’s scheduled if requested in writing by any transaction, and if the distributor or separate return is determined without person who timely submits written transferor member has a net operating regard to S’s ceasing to exist. loss carryover or a net capital loss comments. If a public hearing is carryover, the distributor or transferor L. Non-Substantive Changes scheduled, notice of the date, time, and member will not be treated as having a In addition to the changes described place of the hearing will be published short taxable year for purposes of in this preamble, the proposed in the Federal Register. determining the years to which the loss regulations make several non- Drafting Information may be carried. Sections 1.1502– substantive changes to the current 21(b)(3)(iii) and 1.1502–22(b)(4). regulations, including moving an The principal author of these These proposed regulations would example concerning § 1.1502–80(d) proposed regulations is Russell G. Jones amend current law by moving these from the text of § 1.1502– of the Office of Associate Chief Counsel rules to § 1.1502–76(b)(2)(i) and making 76(b)(1)(ii)(B)(2) of the current (Corporate). However, other personnel conforming changes to §§ 1.1502– regulations to § 1.1502–13(c)(7)(ii), from the IRS and the Treasury 21(b)(3)(iii) and 1.1502–22(b)(4). In Example 3(e). Department participated in their addition, these proposed regulations development. Effective/Applicability Date would expand these rules by providing List of Subjects in 26 CFR Part 1 that a short taxable year of the The amendments to §§ 1.1502– distributor or transferor member by 21(b)(3)(iii), 1.1502–22(b)(4)(i), 1.1502– Income taxes, Reporting and reason of an intercompany section 381 76(b)(2)(i), and 1.1502–76(b)(4) will recordkeeping requirements.

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Proposed Amendments to the (b) * * * ■ Par. 8. Section 1.1502–76 is amended: Regulations (3) * * * ■ 1. By adding a sentence at the end of (iii) Short years in connection with Accordingly, 26 CFR part 1 is paragraph (b)(1)(i). intercompany transactions to which ■ proposed to be amended as follows: 2. By revising paragraphs (b)(1)(ii)(A) section 381(a) applies. If a member and (B). PART 1—INCOME TAXES distributes or transfers assets in an ■ 3. By adding paragraph (b)(1)(ii)(D). intercompany transaction to which ■ 4. By adding a sentence at the end of ■ Paragraph 1. The authority citation section 381(a) applies, see § 1.1502– paragraph (b)(2)(i). for part 1 continues to read in part as 76(b)(2)(i). ■ 5. By revising paragraph follows: * * * * * (b)(2)(ii)(C)(9). ■ Authority: 26 U.S.C. 7805 * * * (h) * * * 6. By removing the last sentence of (1) * * * paragraph (b)(2)(iii). Section 1.1361–5 also issued under 26 ■ 7. By removing the last sentence of U.S.C. 1361. * * * (iv) Paragraph (b)(3)(iii) of this section Section 1.1362–3 also issued under 26 applies to consolidated return years paragraph (b)(2)(v). ■ U.S.C. 1362. * * * beginning on or after the date these 8. In paragraph (b)(2)(vi)(C) by Section 1.1502–13 also issued under 26 regulations are published as final removing ‘‘paragraph (b)(2)(v)’’ and U.S.C. 1502. * * * regulations in the Federal Register. For adding ‘‘paragraph (b)(2)(vi)’’ in its Section 1.1502–21 also issued under 26 transactions occurring before the date place. U.S.C. 1502. * * * these regulations are published as final ■ 9. By revising paragraph (b)(3). Section 1.1502–22 also issued under 26 regulations in the Federal Register, see ■ 10. By adding a sentence at the end of U.S.C. 1502. * * * § 1.1502–21(b) as contained in 26 CFR paragraph (b)(4). Section 1.1502–28 also issued under 26 ■ 11. By adding Examples 8, 9, and 10 U.S.C. 1502. * * * part 1, revised as of April 1 preceding Section 1.1502–76 also issued under 26 the date these regulations are published to paragraph (b)(5). ■ U.S.C. 382(m) and 26 U.S.C. 1502. * * * as final regulations in the Federal 12. By revising paragraph (b)(6). Register. The revisions and additions read as § 1.1361–5 [Amended] follows: ■ * * * * * Par. 2. Section 1.1361–5 is amended: ■ Par. 6. Section 1.1502–22 is amended ■ 1. In paragraph (a)(3), by removing § 1.1502–76 Taxable year of members of by: group. ‘‘§ 1.1502–76(b)(1)(ii)(A)(2) (relating to a ■ 1. Revising paragraph (b)(4)(i). * * * * * special rule’’ and adding ‘‘§ 1.1502– ■ 2. Revising the heading of paragraph 76(b)(1)(ii)(B) (relating to special rules’’ (b) * * * (h). (1) * * * in its place. ■ 3. Adding paragraph (h)(1)(iii). ■ 2. In paragraph (a)(4), Example 4, by The revisions and addition read as (i) * * * If a corporation (S) becomes removing ‘‘§ 1.1502–76(b)(1)(ii)(A)(2)’’ follows: or ceases to be a member in a stock and adding ‘‘§ 1.1502–76(b)(1)(ii)(B)(1)’’ disposition or purchase for which an in its place. § 1.1502–22 Consolidated capital gain and election under section 336(e) or section loss. 338 is made, paragraphs (b)(1)(ii), § 1.1362–3 [Amended] * * * * * (b)(2)(ii), and (b)(2)(iii) of this section do ■ Par. 3. Section 1.1362–3 is amended (b) * * * not apply to the transaction. in paragraph (a) by removing ‘‘§ 1.1502– (4) Special rules—(i) Short years in (ii) * * * 76(b)(1)(ii)(A)(2)’’ and adding connection with intercompany (A) In general—(1) End of the day ‘‘§ 1.1502–76(b)(1)(ii)(B)’’ in its place. transactions to which section 381(a) rule. If S becomes or ceases to be a ■ Par. 4. Section 1.1502–13 is amended applies. If a member distributes or member during a consolidated return by adding Example 3(e) to paragraph transfers assets in an intercompany year, S’s tax year ends, and (except as (c)(7)(ii) to read as follows: transaction to which section 381(a) provided in paragraph (b)(1)(ii)(A)(2) or § 1.1502–13 Intercompany transactions. applies, see § 1.1502–76(b)(2)(i). paragraph (b)(1)(ii)(B) of this section) for purposes of determining the period in * * * * * * * * * * (h) Effective/applicability date— which S must report an item of income, (c) * * * gain, deduction, loss, or credit, S is (7) * * * (1) * * * (ii) * * * (iii) Paragraph (b)(4)(i) of this section treated as becoming or ceasing to be a Example 3. *** applies to consolidated return years member at the end of the day on which (e) Liability in excess of basis. The facts are beginning on or after the date these its status as a member changes (end of the same as in paragraph (a) of this Example regulations are published as final the day rule). 3, except that S and B are not members of the regulations in the Federal Register. For (2) Next day rule. If an extraordinary same consolidated group immediately before transactions occurring before the date item (as defined in paragraph S’s transfer of the land to B, and the land is these regulations are published as final (b)(2)(ii)(C) of this section) results from encumbered with an $80 liability. regulations in the Federal Register, see a transaction that occurs on the day of Immediately after the transfer, S and B are S’s change in status as a member, but members of the same consolidated group. § 1.1502–22(b) as contained in 26 CFR Thus, the transfer is an intercompany part 1, revised as of April 1 preceding after the event resulting in the change, transaction to which section 357(c) does not the date these regulations are published and the item would be taken into apply pursuant to § 1.1502–80(d). as final regulations in the Federal account by S on that day, the * * * * * Register. transaction resulting in the ■ Par. 5. Section 1.1502–21 is amended * * * * * extraordinary item is treated as by revising paragraph (b)(3)(iii) and occurring at the beginning of the adding paragraph (h)(1)(iv) to read as § 1.1502–28 [Amended] following day for purposes of follows: ■ Par. 7. Section 1.1502–28 is amended determining the period in which S must in paragraph (b)(11) by removing report the item (next day rule). The next § 1.1502–21 Net operating losses. ‘‘§ 1.1502–76(b)(1)(ii)(B)’’ and adding day rule does not apply to any * * * * * ‘‘§ 1.1502–76(b)(1)(ii)(A)(2)’’ in its place. extraordinary item that becomes

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includible or deductible simultaneously reported on that return under the purchase, S pays its employees the amounts with the event that causes the change in previous day rule or the next day rule). required under the option agreements. S’s status. (b) Analysis. P’s purchase of S’s stock * * * * * causes S to become a member of the P group (B) Special rules for former S (2) * * * at the end of the day on June 30. Under corporations—(1) Beginning of the day (i) * * * If a member distributes or paragraph (b)(2)(ii)(C)(9) of this section, a rule. If an election under section 1362(a) transfers assets in an intercompany deduction arising from S’s liability to pay its is in effect for S immediately before S transaction to which section 381(a) employees in cancellation of their stock becomes a member, S is treated as applies, a short taxable year of the options in connection with S’s change in distributor or transferor corporation is status is an extraordinary item that cannot be becoming a member at the beginning of prorated and must be allocated to June 30. the day the termination of its election not taken into account either for purposes of determining the taxable The next day rule is inapplicable to this under section 1362(a) is effective deduction because S’s liability to pay its (termination date), and S’s taxable year years to which any tax attribute of the employees becomes deductible on the day of distributor or transferor corporation may ends at the end of the day preceding the S’s change in status simultaneously with the be carried or for purposes of termination date. See § 1.1361–5(a)(3) event that causes S’s change in status. determining the taxable years in which for the treatment of certain qualified S Consequently, a deduction for the option an adjustment under section 481(a) is cancellation payments must be reported corporation subsidiaries. taken into account. under the end of the day rule on S’s tax (2) Previous day rule. If an (ii) * * * return for the period ending June 30. extraordinary item (as defined in (C) * * * (c) Success-based fees. The facts are the paragraph (b)(2)(ii)(C) of this section) (9) Any compensation-related same as in paragraph (a) of this Example 8, deduction in connection with S’s except that S also engages a consulting firm results from a transaction that occurs on to provide services in connection with P’s the termination date, but before or change in status (including, for purchase of S’s stock. Under the terms of the simultaneously with the event resulting example, a deduction for fees for engagement letter, S’s obligation to pay for in the termination of S’s election under services rendered in connection with S’s these services is contingent upon the section 1362(a), and the item would be change in status and for bonus, successful closing of the stock purchase. The taken into account by S on that day, the severance, and option cancellation stock purchase closes successfully, and S’s transaction resulting in the payments made in connection with S’s obligation to pay its consultants becomes extraordinary item is treated as change in status); fixed and determinable at closing. To the extent S’s payment of a success-based fee to occurring at the end of the previous day * * * * * its consultants is otherwise deductible, this for purposes of determining the period (3) Anti-avoidance rule. If any person item is an extraordinary item that cannot be in which S must report the item acts with a principal purpose contrary prorated and must be reported under the end (previous day rule). See § 1.1361–5(a)(3) to the purposes of this paragraph (b) to of the day rule on S’s return for the period for the treatment of certain qualified S substantially reduce the federal income ending June 30. (See paragraph (b)(2)(ii)(C)(9) corporation subsidiaries. tax liability of any person (including by of this section.) The next day rule is inapplicable to the deduction because S’s * * * * * modifying an existing contract or other agreement in anticipation of a change in liability to pay its consultants becomes (D) Coordination with sections 382 S’s status to shift an item between the deductible on the day of S’s change in status simultaneously with the event that causes S’s and 1374. If the day of S’s change in taxable years that end and begin as a status is also the date of an ownership change in status. result of S’s change in status), (d) Unwanted assets. The facts are the change for purposes of section 382, the adjustments must be made as necessary same as in paragraph (a) of this Example 8, rules and principles of this section to carry out the purposes of this section. except that, after closing on June 30, S sells apply in determining the treatment of (4) * * * In addition, if S ceases to to an unrelated party certain assets used in any item or asset for purposes of section exist in the same consolidated return S’s trade or business that are not wanted by 382(h). Accordingly, if the day of S’s year in which S becomes a member, the the P group. Gain or loss on the sale of these change in status is also a change date, due date for filing S’s separate return assets is an extraordinary item that results the determination of net unrealized shall be determined without regard to from a transaction that occurs on the day of built-in gain or loss will reflect the S’s ceasing to exist in that year. S’s change in status, but after the event resulting in the change. Consequently, under application of both the end of the day (5) * * * the next day rule, the gain or loss must be rule and the next day rule, to the extent Example 8. Allocation of certain amounts reported on S’s tax return for the period each applies. Moreover, items that become deductible on the day of S’s beginning July 1. includible in the taxable year that ends change in status—(a) Facts. P purchases all Example 9. Redemption that causes a as a result of S’s change in status are not of the stock of S, an accrual-basis, stand- change in status—(a) Facts. P owns 80 shares treated as occurring in the recognition alone C corporation, on June 30 pursuant to of S’s only class of outstanding stock, and a period described in section 382(h)(7)(A), a stock purchase agreement. At the time of person whose ownership of S stock is not and items includible in the taxable year the stock purchase, S has outstanding attributed to P under section 302(c) owns the remaining 20 shares. On June 30, S that begins as a result of S’s change in nonqualified stock options issued to certain employees. The options did not have a distributes land with a basis of $100 and a status are treated as occurring in the readily ascertainable fair market value when fair market value of $140 to P in redemption recognition period. If S ceases to be a granted, and the options do not provide for of all of P’s stock in S. corporation subject to the tax imposed a deferral of compensation (as defined in (b) Analysis. As a result of the redemption, by section 1374 upon becoming a § 1.409A–1(b)). Under the option agreements, S ceases to be a member of P’s consolidated member of a consolidated group, or if S S is obligated to pay its employees certain group on June 30. S will recognize $40 of elects to be a corporation that is subject amounts in cancellation of their stock gain under section 311(b) on the distribution to such tax for its first separate return options upon a change in control of S. P’s of the land to P. The next day rule is year after ceasing to be a member, S’s purchase of S’s stock causes a change in inapplicable because S’s gain becomes control of S, and S’s obligation to make includible on the day of S’s change in status items of recognized built-in gain or loss option cancellation payments to its simultaneously with the event that causes S’s for purposes of section 1374 will employees becomes fixed and determinable change in status. Consequently, S’s gain must include only the amounts reported on upon the closing of the stock purchase. be reported under the end of the day rule in S’s separate return (including items Several days after the closing of the stock its taxable year ending June 30, during which

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S was a member of the P group. Under extraordinary item (see paragraph electronic comment form provided on § 1.1502–32(b)(2)(i), P’s basis in its S stock is (b)(2)(ii)(C)(9) of this section) that becomes that site. An electronic copy of this increased to reflect S’s $40 gain immediately deductible on July 1 simultaneously with the document is also available at the before the redemption of S’s stock. event that terminates S’s election as an S http://www.regulations.gov Web site. (c) Partial redemption. The facts are the corporation. Under paragraph (b)(1)(ii)(B)(2) same as in paragraph (a) of this Example 9, of this section, S’s obligation to pay the fee The Department will accept attachments except that S distributes the land to P in is treated as becoming deductible on June 30 to electronic comments in Microsoft redemption of 20 shares of P’s stock in S. under the previous day rule. Word, WordPerfect, Adobe PDF, or Thus, immediately after the redemption, P Excel file formats only. The Department owns 75% (60 shares/80 shares) of S’s (6) Effective/applicability date. will not accept any file formats other outstanding stock, and S’s minority Paragraphs (b)(2)(i) and (b)(4) of this than those specifically listed here. shareholder owns 25% (20 shares/80 shares). section apply to consolidated return Please note that the Department is The redemption does not satisfy the years beginning on or after the date requesting that electronic comments be requirements of section 302(b) and is treated these regulations are published as final under section 302(d) as a distribution to submitted before midnight Eastern Time regulations in the Federal Register. on the day the comment period closes which section 301 applies. The end of the Otherwise, this paragraph (b) applies to day rule does not apply for purposes of because http://www.regulations.gov determining whether P and S are members of corporations becoming or ceasing to be terminates the public’s ability to submit the same consolidated group immediately members of consolidated groups on or comments at midnight Eastern Time on after the redemption. Because P owns only after the date these regulations are the day the comment period closes. 75% of S’s stock immediately after the published as final regulations in the Commenters in time zones other than redemption, the distribution is not an Federal Register. Eastern Time may want to consider this intercompany distribution described in * * * * * so that their electronic comments are § 1.1502–13(f)(2)(i). Thus, P may not exclude any amount of the distribution that is a John Dalrymple, received. All comments sent via regular or express mail will be considered dividend, and P’s basis in S’s stock is not Deputy Commissioner for Services and reduced under § 1.1502–32(b)(2)(iv). P may Enforcement. timely if postmarked on the day the be entitled to a dividends received deduction comment period closes. [FR Doc. 2015–05123 Filed 3–5–15; 8:45 am] under section 243(c) (but see section FOR FURTHER INFORMATION CONTACT: BILLING CODE 4830–01–P 1059(e)). For the reasons discussed in James G. Touhey, Jr., Director, Torts paragraph (b) of this Example 9, S’s gain Branch, Civil Division, Department of under section 311(b) must be reported under Justice, Washington, DC 20530, (202) the end of the day rule in S’s taxable year DEPARTMENT OF JUSTICE ending June 30, during which S was a 616–4400. member of the P group. 28 CFR Part 15 SUPPLEMENTARY INFORMATION: (d) Distribution of loss property. The facts Posting of Public Comments. Please are the same as in paragraph (a) of this [Docket No. CIV 150; AG Order No. 3504– note that all comments received are Example 9, except that the land distributed 2015] considered part of the public record and by S to P has a fair market value of $60 rather RIN 1105–AB37 made available for public inspection than $140. The end of the day rule applies online at http://www.regulations.gov for purposes of determining the taxable year in which S must take into account its Determination That an Individual Shall and in the Department’s public docket. realized loss on the distribution of the land. Not Be Deemed an Employee of the Such information includes personal Thus, under the end of the day rule, S’s loss Public Health Service identifying information (such as your on the distribution of the land, which occurs name, address, etc.) voluntarily simultaneously with S’s ceasing to be a AGENCY: Department of Justice. submitted by the commenter. member, is taken into account in S’s taxable ACTION: Proposed rule. You are not required to submit year that ends as a result of the redemption. personal identifying information in SUMMARY: However, the end of the day rule does not The proposed rule proposes order to comment on this rule. apply for other purposes; for example, the criteria and a process by which the Nevertheless, if you want to submit rule does not apply in determining whether Attorney General or designee may personal identifying information (such the transaction is an intercompany determine that an individual shall not distribution or in determining the attributes as your name, address, etc.) as part of be deemed an employee of the Public your comment, but do not want it to be (as defined in § 1.1502–13(b)(6)) of the loss. Health Service for purposes of coverage Therefore, because S is not a member posted online or made available in the immediately after the distribution, S’s loss on under the Federal Tort Claims Act. public docket, you must include the the distribution is not recognized under DATES: Written comments must be phrase ‘‘PERSONAL IDENTIFYING section 311(a). Under the end of the day rule, postmarked on or before May 5, 2015, INFORMATION’’ in the first paragraph the loss is taken into account as a noncapital, and electronic comments must be sent of your comment. You must also place nondeductible expense on the P group’s on or before midnight Eastern time May all the personal identifying information consolidated return, and under § 1.1502– 5, 2015. 32(b)(1)(i), P’s basis in its S stock is you do not want posted online or made decreased by $40 immediately before S ADDRESSES: To ensure proper handling available in the public docket in the first leaves the group. of comments, please reference ‘‘Docket paragraph of your comment and identify Example 10. Extraordinary item of S No. CIV 150’’ on all written and what information you want redacted. corporation—(a) Facts. On July 1, P electronic correspondence. Written If you want to submit confidential purchases all the stock of S, an accrual-basis comments being sent via regular or business information as part of your corporation with an election in effect under express mail should be sent to James G. comment, but do not want it to be section 1362(a). Prior to the sale, S had Touhey, Jr., Director, Torts Branch, Civil posted online or made available in the engaged a consulting firm to find a buyer for Division, Department of Justice, Room public docket, you must include the S’s stock, and the consulting firm’s fee was contingent upon the successful closing of the 8098N National Place Building, 1331 phrase ‘‘CONFIDENTIAL BUSINESS sale of S’s stock. Pennsylvania Avenue NW., Washington, INFORMATION’’ in the first paragraph (b) Analysis. To the extent S’s payment of DC 20530. Comments may also be sent of your comment. You must also the success-based fee to its consultants is electronically through http:// prominently identify confidential otherwise deductible, this item is an www.regulations.gov using the business information to be redacted

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within the comment. If a comment has Attorney General in defending against a period of time. Consistent with 42 so much confidential business any such claim; (4) the individual U.S.C. 1320a–7e(a) and 45 CFR 60.3, information that it cannot be effectively provided false information relevant to 60.5(h) and 60.16, the rule also provides redacted, all or part of that comment the individual’s performance of his or for the Department to notify the may not be posted online or made her duties to the Secretary, the Attorney National Practitioner Data Bank (NPDB), available in the public docket. General, or an applicant for or recipient a confidential information Personal identifying information and of funds under title 42 chapter 6A; or (5) clearinghouse created by Congress with confidential business information the individual was the subject of primary goals of improving health care identified and located as set forth above disciplinary action taken by a state quality and protecting the public, of the will be redacted and the comment, in medical licensing authority or a state or issuance of a final order deeming an redacted form, will be posted online and national professional society. individual not to be an employee of the placed in the Department’s public The proposed rule proposes a process Public Health Service under this rule. docket file. Please note that the Freedom for making such a determination. The This proposed rule would add a new of Information Act applies to all first step, pursuant to § 15.13(a), is a subpart B in part 15 of title 28, Code of comments received. If you wish to determination by the ‘‘initiating Federal Regulations, containing the inspect the agency’s public docket file official,’’ who is a Deputy Assistant regulations of the Department of Justice in person by appointment, please see Attorney General of the Department of governing such a determination. the ‘‘For Further Information’’ Justice’s Civil Division, that treating an The Department invites comments on paragraph. individual as an employee of the Public any issues relating to the proposed rule. Discussion Health Service may expose the Regulatory Flexibility Act The Federally Supported Health Government to an unreasonably high The Attorney General, in accordance Centers Assistance Acts of 1992 (Pub. L. degree of risk of loss. Section 15.13(a) with the Regulatory Flexibility Act, 5 102–501) and 1995 (Pub. L. 104–73) requires the initiating official, after U.S.C. 605(b), has reviewed this amended section 224 of the Public consultation with the Secretary of the proposed rule and, by approving it, Health Service Act (42 U.S.C. 233) to Department of Health and Human certifies that it would not have a make the Federal Tort Claims Act Services, to provide notice to the significant economic impact on a (FTCA) (28 U.S.C. 1346(b), 2671–2680) individual in question that an substantial number of small entities the exclusive remedy for personal injury administrative hearing will be held to because it pertains to personnel and or death resulting from the performance determine whether treating the administrative matters affecting the of medical, surgical, dental or related individual as an employee of the Public Department. functions by federally supported health Health Service for purposes of 42 U.S.C. centers and their employees, to the 233(g) would expose the United States Executive Orders 12866 and 13563: extent the centers and employees have to an unreasonably high degree of risk Regulatory Planning and Review been deemed by the Public Health of loss. Following a period for discovery This proposed rule has been drafted Service, Department of Health and and depositions, to the extent and reviewed in accordance with Human Services, to be eligible for FTCA determined appropriate by an Executive Order 12866, ‘‘Regulatory coverage. Section 233(i) of title 42 administrative law judge under § 15.15, Planning and Review,’’ and in provides that the Attorney General, in the hearing is then conducted by the accordance with Executive Order 13563, consultation with the Secretary of administrative law judge in the manner ‘‘Improving Regulation and Regulatory Health and Human Services (Secretary), prescribed in § 15.14. After the hearing Review.’’ may on the record determine, after is conducted and the record is closed, The Department of Justice has notice and an opportunity for a full and § 15.16 requires the administrative law determined that this proposed rule is a fair hearing, that an individual judge to submit written findings of fact, ‘‘significant regulatory action’’ under physician or other licensed or certified conclusions of law, and a recommended Executive Order 12866, section 3(f), and health care practitioner who is an decision to the ‘‘adjudicating official,’’ accordingly this proposed rule has been officer, employee, or contractor of an who is the Assistant Attorney General reviewed by the Office of Management entity described in 42 U.S.C. 233(g)(4) for the Department of Justice’s Civil and Budget. shall not be deemed to be an employee Division. Section 15.17(b) then gives the Executive Orders 12866 and 13563 of the Public Health Service for parties 30 days to submit certain direct agencies to assess all costs and purposes of 42 U.S.C. 233 if ‘‘treating additional materials, including benefits of available regulatory such individual as such an employee exceptions to the administrative law alternatives and, if regulation is would expose the Government to an judge’s recommended decision, to the necessary, to select regulatory unreasonably high degree of risk of adjudicating official, who then must approaches that maximize net benefits loss’’ based on certain prescribed make a final agency determination of (including potential economic, circumstances. This proposed rule whether treating the individual as an environmental, public health and safety proposes that the determination may be employee of the Public Health Service effects, distributive impacts, and made based on one or more of the for purposes of 42 U.S.C. 233(g) would equity). Executive Order 13563 following statutory criteria: (1) The expose the United States to an emphasizes the importance of individual does not comply with the unreasonably high degree of risk of loss. quantifying both costs and benefits, of policies and procedures that the entity Section 15.18 provides that an reducing costs, of harmonizing rules, has implemented pursuant to 42 U.S.C. individual who is dissatisfied with the and of promoting flexibility. The 233(h)(1); (2) the individual has a determination may seek rehearing Department has assessed the costs and history of claims filed against him or her within 30 days after notice of the benefits of this proposed rule and as provided for under 42 U.S.C. 233 that determination is sent, and § 15.20 believes that its benefits would justify is outside the norm for licensed or allows individuals who have been its costs. As an initial matter, the certified health care practitioners within determined to expose the United States Department does not expect that the the same specialty; (3) the individual to an unreasonably high degree of risk proposed rule would have systemic or refused to reasonably cooperate with the of loss to apply for reinstatement after large-scale costs, because it is only the

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exceptional provider who would be distribution of power and 7316; 42 U.S.C. 233, 2212, 2458a, and subject to a de-deeming proceeding or responsibilities among the various 5055(f); and sec. 2, Pub. L. 94–380, 90 Stat. determination; proceedings under this levels of government. Therefore, in 1113 (1976). proposed rule would be rare and would accordance with Executive Order 13132, ■ 2. The heading for part 15 is revised not affect the overwhelming majority of the Department of Justice has to read as set forth above. patients, providers, or health centers. determined that this proposed rule ■ 3. Add a heading for subpart A to read The costs associated with the proposed would not have sufficient federalism as follows: rule, then, would come in the implications to warrant the preparation individual instances of its application. of a federalism summary impact Subpart A—Certification and A de-deeming administrative process statement. Decertification in Connection With would impose certain limited litigation- Certain Suits Based Upon Acts or like costs, but §§ 15.14 and 15.15 Executive Order 12988: Civil Justice Omissions of Federal Employees and provide flexibility that will enable the Reform Other Persons parties and administrative law judge to This proposed rule meets the avoid unduly burdensome costs when applicable standards provided in §§ 15.1, 15.2, 15.3, and 15.4 [Designated as Subpart A] those costs are unnecessary. In the event sections 3(a) and 3(b)(2) of Executive ■ that an individual is ultimately Order 12988. 4. Designate §§ 15.1 through 15.4 as determined to expose the United States subpart A. Unfunded Mandates Reform Act of to an unreasonably high degree of risk §§ 15.5, 15.6, 15.7, 15.8, 15.9, and 1995 15.10 [Added and Reserved] of loss, there will be certain costs and ■ benefits to patients, providers, and This proposed rule would not result 5. Add reserved §§ 15.5 through 15.10 in the expenditure by state, local, and to newly designated subpart A. health centers. A provider who is ■ deemed not to be a member of the tribal governments, in the aggregate, or 6. Add subpart B to read as follows: Public Health Service may be required by the private sector, of $100 million or Subpart B—Determination of to obtain his or her own medical more in any one year, and it will not Individuals Deemed Not To Be malpractice insurance (as may the significantly or uniquely affect small Employees of the Public Health health center, for matters involving the governments. Therefore, no actions were Service provider that are determined not to be deemed necessary under the provisions covered by the FTCA) or leave the of the Unfunded Mandates Reform Act Sec. practice. If the individual leaves the of 1995, 2 U.S.C. 1501 et seq. 15.11 Purpose. practice, the employing center may 15.12 Definitions. Small Business Regulatory Enforcement incur costs of replacing him or her with 15.13 Notice of hearing. Fairness Act of 1996 a new provider. The Department expects 15.14 Conduct of hearing. that substantial benefits will arise from This proposed rule is not a major rule 15.15 Discovery. as defined by section 251 of the Small 15.16 Recommended decision. such replacements, as any individual 15.17 Final agency determination. who is replaced will be one who has Business Regulatory Enforcement 15.18 Rehearing. been determined to create an Fairness Act of 1996, 5 U.S.C. 804. This 15.19 Effective date of a final agency unreasonably high degree of risk of loss. proposed rule would not result in an determination. It is thus likely that the individual’s annual effect on the economy of $100 15.20 Reinstatement. replacement will provide reduced risks million or more; a major increase in cost of loss for the United States and better or prices; significant adverse effects on § 15.11 Purpose. care for patients. While there may be competition, employment, investment, (a) The purpose of this regulation is instances in which an individual who productivity, or innovation; or the to implement the notice and hearing presented such a risk of loss cannot be ability of United States-based procedures applicable to a replaced, possibly resulting in impaired enterprises to compete with foreign- determination by the Attorney General access to care for medically underserved based enterprises in domestic and or his designee under 42 U.S.C. 233(i) health center patients, the Department export markets. that an individual shall not be deemed believes that these costs are an employee of the Public Health List of Subjects in 28 CFR Part 15 substantially outweighed by the benefits Service for purposes of 42 U.S.C. 233(g). of implementing this authority. Claims, Government contracts, (b) Section 233(i) of title 42 provides The Department is unable to quantify Government employees, Health care, that the Attorney General, in these costs at this time, as the authority Immunization, Nuclear energy. consultation with the Secretary of to deem a provider not a member of the For the reasons set forth in the Health and Human Services, may on the Public Health Service has not preamble, the Attorney General record determine, after notice and an previously been used. However, based proposes to amend part 15 of title 28 of opportunity for a full and fair hearing, on the expectation that the authority the Code of Federal Regulations as that an individual physician or other will be used sparingly and only for follows: licensed or certified health care providers who expose the United States practitioner who is an officer, employee, to an unreasonably high degree of risk PART 15—CERTIFICATIONS, or contractor of an entity described in of loss, the Department has concluded DECERTIFICATIONS, AND NON– 42 U.S.C. 233(g)(4) shall not be deemed that the net benefits of improved patient DEEMING DETERMINATIONS FOR to be an employee of the Public Health care and reduced costs of malpractice PURPOSES OF THE FEDERAL TORT Service for purposes of 42 U.S.C. 233 if will outweigh these possible costs. CLAIMS ACT treating such individual as such an employee would expose the Executive Order 13132: Federalism ■ 1. The authority citation for part 15 is Government to an unreasonably high This proposed rule would not have revised to read as follows: degree of risk of loss. substantial direct effects on the States, Authority: 5 U.S.C. 301, 554, 556, 557, and on the relationship between the national 8477(e)(4); 10 U.S.C. 1054, 1089; 22 U.S.C. § 15.12 Definitions. government and the States, or on the 2702, 28 U.S.C. 509, 510, and 2679; 38 U.S.C. As used in this regulation:

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(a) Attorney General means the § 15.13 Notice of hearing. (7) Inform the parties as to the Attorney General of the United States or (a) Whenever the initiating official availability of one or more alternative any designee of the Attorney General to personally concludes that treating an means of dispute resolution, and whom authority has been delegated to individual as an employee of the Public encourage use of such methods; conduct a hearing and to make a Health Service may expose the (8) Dispose of procedural requests or determination pursuant to section 233(i) Government to an unreasonably high similar matters; of title 42, United States Code. degree of risk of loss, the initiating (9) Make or recommend decisions; (b) Adjudicating official means the official, after consultation with the (10) Require and, in the discretion of Assistant Attorney General for the Civil Secretary, shall notify the individual the administrative law judge, adopt Division. that an administrative hearing will be proposed findings of fact, conclusions of (c) Entity means an entity described in conducted for the purpose of law, and orders. 42 U.S.C. 233(g)(4). determining whether treating the (11) Take other action authorized by agency rule consistent with this (d) Health and Human Services individual as an employee of the Public subchapter; means the Department of Health and Health Service for purposes of 42 U.S.C. (12) All powers and duties reasonably Human Services or a division or 233(g) would expose the United States necessary to perform the functions component of the Department of Health to an unreasonably high degree of risk enumerated in paragraphs (c)(1) through and Human Services. of loss. (b) The notice of hearing shall be in (11) of this section. (e) Individual means an individual (d) The administrative law judge may physician or other licensed or certified writing and shall be sent by registered or certified mail to the individual at the call upon the parties to consider: health care practitioner who is or was (1) Simplification or clarification of an officer, employee, or contractor of an individual’s last known address, or to the individual’s attorney in the event the issues; entity described in 42 U.S.C. 233(g)(4). (2) Stipulations, admissions, (f) Initiating official means a Deputy the Attorney General has received written notice that the individual has agreements on documents, or other Assistant Attorney General of the Civil understandings that will expedite Division of the Department of Justice or, retained counsel. (c) The notice shall contain: conduct of the hearing; except for responsibilities that the (1) A statement of the nature and (3) Limitation of the number of initiating official must perform purpose of the hearing; witnesses and of cumulative evidence; personally, his or her designee. (2) The name of the administrative (4) Such other matters as may aid in (g) Parties means an Individual, as law judge; the disposition of the case. defined in paragraph (e) of this section, (3) A statement of the nature of the (e) At the discretion of the and the Initiating official, as defined in action proposed to be taken; and administrative law judge, parties or paragraph (f) of this section. (4) A statement of the time, date, and witnesses may participate in hearings by (h) Public Health Service means the location of the hearing. video conference. Public Health Service or a division or (d) The hearing shall be initiated not (f) All hearings under this part shall component of the Public Health Service. sooner than 60 days of the date on the be public unless otherwise ordered by (i) Secretary means the Secretary of written notice of hearing. the administrative law judge. the Department of Health and Human (g) The hearing shall be conducted in Services or the Secretary’s designee. § 15.14 Conduct of hearing. conformity with 5 U.S.C. 554–557 (j) Unreasonably high degree of risk of (a) An administrative law judge (sections 5–8 of the Administrative loss is a determination based on appointed in accordance with 5 U.S.C. Procedure Act). (h) The initiating official shall have consideration of one or more of the 3105 shall preside over the hearing. the burden of going forward with the following criteria— (b) If the administrative law judge appointed is unacceptable to the evidence and shall generally present the (1) The individual does not comply government’s evidence first. with the policies and procedures that individual, the individual shall inform the Attorney General within 14 days of (i) Technical rules of evidence shall the entity has implemented pursuant to not apply to hearings conducted 42 U.S.C. 233(h)(1); the notification of the reasons for his or her position. The Attorney General may pursuant to this part, but rules designed (2) The individual has a history of select another administrative law judge, to assure production of the most claims filed against him or her as or affirm the initial selection. In either credible evidence available and to provided for under 42 U.S.C. 233 that is case, the official shall inform the subject testimony to cross-examination outside the norm for licensed or individual of the reasons for the shall be applied where reasonably certified health care practitioners within decision. necessary by the administrative law the same specialty; (c) The administrative law judge shall judge. The administrative law judge (3) The individual refused to have the following powers: may exclude irrelevant, immaterial, or reasonably cooperate with the Attorney (1) Administer oaths and affirmations; unduly repetitious evidence. All General in defending against any such (2) Issue subpoenas authorized by documents and other evidence offered claim; law; or taken for the record shall be open to (4) The individual provided false (3) Rule on offers of proof and receive examination by the parties, and information relevant to the individual’s relevant evidence; opportunity shall be given to refute facts performance of his or her duties to the (4) Take depositions or have and arguments advanced on either side Secretary, the Attorney General, or an depositions taken when the ends of of the issues. A transcript shall be made applicant for or recipient of funds under justice would be served; of the oral evidence except to the extent title 42, chapter 6A, United States Code; (5) Regulate the course of the hearing; the substance thereof is stipulated for or (6) Hold conferences for the the record. (5) The individual was the subject of settlement or simplification of the issues (j) During the time a proceeding is disciplinary action taken by a state by consent of the parties or by the use before an administrative law judge, all medical licensing authority or a state or of alternative means of dispute motions shall be addressed to the national professional society. resolution; administrative law judge and, if within

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his or her delegated authority, shall be § 15.16 Recommended decision. sufficient to cause substantial unfairness ruled upon. Any motion upon which Within a reasonable time after the or an erroneous finding in that the administrative law judge has no close of the record of the hearings adjudication. authority to rule shall be certified to the conducted under § 15.14, the (c) Any rehearing ordered by the adjudicating official with a administrative law judge shall submit adjudicating official shall be conducted recommendation. The opposing party written findings of fact, conclusions of pursuant to §§ 15.13 through 15.16. may answer within such time as may be law, and a recommended decision to the (d) A determination that an individual designated by the administrative law adjudicating official. The administrative may be deemed to be an employee of the judge. The administrative law judge law judge shall promptly make copies of Public Health Service for purposes of 42 may permit further replies by both these documents available to the parties U.S.C. 233 pursuant to this section shall parties. and the Secretary. be distributed in the same manner as provided in § 15.19. § 15.17 Final agency determination. § 15.15 Discovery. (a) In hearings conducted under § 15.19 Effective date of a final agency (a) At any time after the initiation of § 15.14, the adjudicating official shall determination. the proceeding, the administrative law make the final agency determination, on (a) A final agency determination judge may order, by subpoena if the basis of the record, findings, under § 15.17 that an individual shall necessary, the taking of a deposition and conclusions, and recommendations not be deemed to be an employee of the the production of relevant documents presented by the administrative law Public Health Service for purposes of 42 by the deponent. Such order may be judge. U.S.C. 233 shall be provided to the entered upon a showing that the (b) Prior to making a final agency Department of Health and Human deposition is necessary for discovery determination, the adjudicating official Services and sent by certified or purposes, and that such discovery could shall give the parties an opportunity to registered mail to the individual and to not be accomplished by voluntary submit the following, within thirty (30) the entity employing such individual if methods. Such an order may also be days after the submission of the the individual is currently an officer, entered in extraordinary circumstances administrative law judge’s employee, or contractor of an entity to preserve relevant evidence upon a recommendations: described in 42 U.S.C. 233(g)(4). In the (1) Proposed findings and showing that there is substantial reason event the individual is no longer an determinations; officer, employee, or contractor of such to believe that such evidence could not (2) Exceptions to the be presented through a witness at the an entity, the determination shall be recommendations of the administrative sent by certified or registered mail to the hearing. The decisive factors for a law judge; determination under this subsection, individual and to the last entity (3) Supporting reasons for the described in 42 U.S.C. 233(g)(4) at however, shall be fairness to all parties exceptions or proposed findings or and the requirements of due process. A which such individual was an officer, determinations; and employee, or contractor. deposition may be taken orally or upon (4) Final briefs summarizing the (b) A final agency determination shall written questions before any person arguments presented at the hearing. be effective upon the date the written who has the power to administer oaths (c) All determinations made by the determination is received by such and shall not exceed one day of seven adjudicating official under this rule entity. hours. shall constitute final agency actions. After a final agency determination (c) An adverse final agency (b) Each deponent shall be duly determination shall apply to all acts or sworn, and any adverse party shall have under this rule that an individual shall not be deemed to be an employee of the omissions of the individual occurring the right to cross-examine. Objections to Public Health Service, such individual after the date the adverse final questions or documents shall be in short will be deemed not to be an employee determination is received by such form, stating the grounds upon which of the Public Health Service except entity. objections are made. The questions pursuant to § 15.20. (d) The Attorney General will inform propounded and the answers thereto, the National Practitioner Data Bank of together with all objections made (but § 15.18 Rehearing. any final agency determination under not including argument or debate), shall (a) An individual dissatisfied with a § 15.17 that an individual shall not be be reduced to writing and certified by final agency determination under deemed to be an employee of the Public the person before whom the deposition § 15.17 may, within 30 days after the Health Service for purposes of 42 U.S.C. was taken. Thereafter, the person taking notice of the final agency determination 233. the deposition shall forward the is sent, request the adjudicating official § 15.20 Reinstatement. deposition and one (1) copy thereof to to re-review the record, and may present the party at whose instance the additional evidence that is appropriate (a) No less than five years after the deposition was taken and shall forward and pertinent to support a different time for rehearing has expired, and no one (1) copy to the representative of the decision. more often than every five years, an individual who has been the subject of other party. (b) The adjudicating official may require that another oral hearing be held a final agency determination under (c) A deposition may be admitted into on one or more of the issues in § 15.17 may petition the Attorney evidence as against any party who was controversy, or permit the dissatisfied General for reconsideration of that present or represented at the taking of party to present further evidence or determination and reinstatement. The the deposition, or who had due notice argument in writing, if the adjudicating individual bears the burden of proof and thereof, if the administrative law judge official finds that the individual has: persuasion. finds that there are sufficient reasons for (1) Presented evidence or argument (b) In support of the petition for admission and that the admission of the that is sufficiently significant to require reinstatement, the individual shall evidence would be fair to all parties and the conduct of further proceedings; or submit relevant evidence relating to the comport with the requirements of due (2) Shown some defect in the conduct period since the original proceedings process. of the adjudication under this subpart under this subpart and a statement

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demonstrating that treating the ENVIRONMENTAL PROTECTION the comment includes information individual as an employee of the Public AGENCY claimed to be Confidential Business Health Service for purposes of 42 U.S.C. Information (CBI) or other information 233(g) would no longer expose the 40 CFR Part 52 whose disclosure is restricted by statute. United States to an unreasonably high [EPA–R07–OAR–2014–0528; FRL–9924–04- Do not submit through http:// degree of risk of loss. Region 7] www.regulations.gov or email information that you consider to be CBI (c) Upon receiving a petition for Approval and Promulgation of or otherwise protected. The http:// reinstatement, the initiating official Implementation Plans; State of www.regulations.gov Web site is an shall determine, in the initiating Kansas; Infrastructure SIP ‘‘anonymous access’’ system, which official’s unreviewable discretion, Requirements for the 2010 Sulfur means EPA will not know your identity whether the petition makes a prima Dioxide National Ambient Air Quality or contact information unless you facie case that no longer would expose Standard provide it in the body of your comment. the United States to an unreasonably If you send an email comment directly high degree of risk of loss. The initiating AGENCY: Environmental Protection to EPA without going through http:// official’s determination that a petition Agency. www.regulations.gov, your email does not make a prima facie case is not ACTION: Proposed rule. address will be automatically captured subject to further review. and included as part of the comment SUMMARY: The Environmental Protection that is placed in the public docket and (d) Upon a prima facie case having Agency (EPA) is proposing to approve made available on the Internet. If you been made, an administrative law judge elements of a State Implementation Plan submit an electronic comment, EPA shall be appointed in accordance with 5 (SIP) submission from the State of recommends that you include your U.S.C. 3105 and shall conduct such Kansas addressing the applicable name and other contact information in requirements of Clean Air Act (CAA) proceedings pursuant to §§ 15.13 the body of your comment and with any section 110 for the 2010 National through 15.16 as the administrative law disk or CD–ROM you submit. If EPA Ambient Air Quality Standards judge deems necessary, in his or her cannot read your comment due to (NAAQS) for Sulfur Dioxide (SO ), sole discretion, to determine whether 2 technical difficulties and cannot contact which requires that each state adopt and the individual has established that you for clarification, EPA may not be submit a SIP to support implementation, treating the individual as an employee able to consider your comment. maintenance, and enforcement of each of the Public Health Service for Electronic files should avoid the use of new or revised NAAQS promulgated by purposes of 42 U.S.C. 233(g) would no special characters, any form of EPA. These SIPs are commonly referred longer expose the United States to an encryption, and should be free of any to as ‘‘infrastructure’’ SIPs. The unreasonably high degree of risk of loss, defects or viruses. infrastructure requirements are designed and shall submit written findings of Docket: All documents in the to ensure that the structural components fact, conclusions of law, and a electronic docket are listed in the http:// of each state’s air quality management www.regulations.gov index. Although recommended decision to the program are adequate to meet the state’s adjudicating official pursuant to § 15.16. listed in the index, some information is responsibilities under the CAA. not publicly available, i.e., CBI or other (e) On a petition for reinstatement, the DATES: Comments must be received on information whose disclosure is adjudicating official shall make the final or before April 6, 2015. restricted by statute. Certain other agency determination, on the basis of ADDRESSES: Submit your comments, material, such as copyrighted material, the record, findings, conclusions, and identified by Docket ID No. EPA–R07– will be publicly available only in hard recommendations presented by the OAR–2014–0528, by one of the copy. Publicly available docket administrative law judge, which shall following methods: materials are available either include the record from the original 1. http://www.regulations.gov. Follow electronically at http:// determination and any petition for the on-line instructions for submitting www.regulations.gov or in hard copy at rehearing. All determinations made by comments. U.S. Environmental Protection Agency, the adjudicating official under this rule 2. Email: [email protected]. Region 7, 11201 Renner Boulevard, shall constitute final agency actions. 3. Mail: Ms. Lachala Kemp, Air Lenexa, Kansas 66219 from 8:00 a.m. to Planning and Development Branch, U.S. 4:30 p.m., Monday through Friday, (f) A determination that an individual Environmental Protection Agency, is reinstated pursuant to this section excluding legal holidays. The interested Region 7, Air and Waste Management persons wanting to examine these shall be distributed in the same manner Division, 11201 Renner Boulevard, as provided in § 15.19. documents should make an Lenexa, Kansas 66219. appointment with the office at least 24 4. Hand Delivery or Courier: Deliver Dated: February 25, 2015. hours in advance. Eric H. Holder, Jr., your comments to Ms. Lachala Kemp, Air Planning and Development Branch, FOR FURTHER INFORMATION CONTACT: Ms. Attorney General. U.S. Environmental Protection Agency, Lachala Kemp, Air Planning and [FR Doc. 2015–05027 Filed 3–5–15; 8:45 am] Region 7, Air and Waste Management Development Branch, U.S. BILLING CODE 4410–12–P Division, 11201 Renner Boulevard, Environmental Protection Agency, Lenexa, Kansas 66219. Region 7, 11201 Renner Boulevard, Instructions: Direct your comments to Lenexa, KS 66219; telephone number: Docket ID No. EPA–R07–OAR–2014– (913) 551–7214; fax number: (913) 551– 0528. EPA’s policy is that all comments 7065; email address: kemp.lachala@ received will be included in the public epa.gov. docket without change and may be SUPPLEMENTARY INFORMATION: made available online at http:// Throughout this document whenever www.regulations.gov, including any ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we refer personal information provided, unless to EPA. This section provides additional

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information by addressing the following Emission limits and other control visibility protection requirements of questions: measures; (B) Ambient air quality CAA section 169A, and nonattainment I. What is a section 110(a)(1) and (2) monitoring/data system; (C) Program for new source review permit program infrastructure SIP? enforcement of control measures submissions to address the permit II. What are the applicable elements under (prevention of significant requirements of CAA, title I, part D. sections 110(a)(1) and (2)? deterioration)(PSD)), New Source Section 110(a)(1) addresses the timing III. What is EPA’s approach to the review of Review for nonattainment areas, and and general requirements for infrastructure SIP submissions? construction and modification of all infrastructure SIP submissions, and IV. What is EPA’s evaluation of how the state stationary sources); (D) Interstate and section 110(a)(2) provides more details addressed the relevant elements of concerning the required contents of sections 110(a)(1) and (2)? international transport; (E) Adequate V. What action is EPA proposing? authority, resources, implementation, these submissions. The list of required VI. Statutory and Executive Order Review and oversight; (F) Stationary source elements provided in section 110(a)(2) monitoring system; (G) Emergency contains a wide variety of disparate I. What is a section 110(a)(1) and (2) authority; (H) Future SIP revisions; (I) provisions, some of which pertain to infrastructure SIP? Nonattainment areas; (J) Consultation required legal authority, some of which Section 110(a)(1) of the CAA requires, with government officials, public pertain to required substantive program in part, that states make a SIP notification, prevention of significant provisions, and some of which pertain submission to EPA to implement, deterioration (PSD), and visibility to requirements for both authority and maintain and enforce each of the protection; (K) Air quality and substantive program provisions.2 EPA NAAQS promulgated by EPA after modeling/data; (L) Permitting fees; and therefore believes that while the timing reasonable notice and public hearings. (M) Consultation/participation by requirement in section 110(a)(1) is Section 110(a)(2) includes a list of affected local entities. unambiguous, some of the other specific elements that such statutory provisions are ambiguous. In III. What is EPA’s approach to the infrastructure SIP submissions must particular, EPA believes that the list of review of infrastructure SIP address. SIPs meeting the requirements required elements for infrastructure SIP submissions? of sections 110(a)(1) and (2) are to be submissions provided in section submitted by states within three years EPA is acting upon the July 15, 2013, 110(a)(2) contains ambiguities after promulgation of a new or revised SIP submission from Kansas that concerning what is required for NAAQS. These SIP submissions are addresses the infrastructure inclusion in an infrastructure SIP commonly referred to as requirements of CAA sections 110(a)(1) submission. ‘‘infrastructure’’ SIPs. and 110(a)(2) for the 2010 SO2 NAAQS. The following examples of The requirement for states to make a SIP ambiguities illustrate the need for EPA II. What are the applicable elements submission of this type arises out of to interpret some section 110(a)(1) and under sections 110(a)(1) and (2)? CAA section 110(a)(1). Pursuant to section 110(a)(2) requirements with On June 22, 2010, EPA revised the section 110(a)(1), states must make SIP respect to infrastructure SIP current 24-hour and annual standards submissions ‘‘within 3 years (or such submissions for a given new or revised with a new short-term standard based shorter period as the Administrator may NAAQS. One example of ambiguity is on the 3-year average of the 99th prescribe) after the promulgation of a that section 110(a)(2) requires that percentile of the yearly distribution of national primary ambient air quality ‘‘each’’ SIP submission must meet the 1-hour daily maximum SO2 standard (or any revision thereof),’’ and list of requirements therein. EPA has concentrations. The level of the revised these SIP submissions are to provide for long noted that this literal reading of the SO2 standard (hereafter the 2010 SO2 the ‘‘implementation, maintenance, and statute is internally inconsistent and NAAQS) was set at 75 parts per billion enforcement’’ of such NAAQS. The would create a conflict with the (ppb) (75 FR 35519). statute directly imposes on states the nonattainment provisions in part D of For the 2010 SO2 NAAQS, states duty to make these SIP submissions, title I of the Act, which specifically typically have met many of the basic and the requirement to make the address nonattainment SIP program elements required in section submissions is not conditioned upon requirements.3 However, section 110(a)(2) through earlier SIP EPA taking any action other than 110(a)(2)(I) which pertains to submissions in connection with promulgating a new or revised NAAQS. nonattainment SIP requirements and previous NAAQS. Nevertheless, Section 110(a)(2) includes a list of part D, addresses when attainment plan pursuant to section 110(a)(1), states specific elements that ‘‘[e]ach such SIP submissions to address must review and revise, as appropriate, plan’’ submission must address. nonattainment area requirements are their existing SIPs to ensure that the EPA has historically referred to these due. For example, section 172(b) SIPs are adequate to address the 2010 SIP submissions made for the purpose requires EPA to establish a schedule for SO2 NAAQS. To assist states in meeting of satisfying the requirements of CAA this statutory requirement, EPA issued sections 110(a)(1) and 110(a)(2) as 2 For example: Section 110(a)(2)(E)(i) provides guidance on September 13, 2013 (2013 ‘‘infrastructure SIP’’ submissions. that states must provide assurances that they have Although the term ‘‘infrastructure SIP’’ adequate legal authority under state and local law Guidance), addressing the infrastructure to carry out the SIP; section 110(a)(2)(C) provides SIP elements required under section 110 does not appear in the CAA, EPA uses that states must have a SIP-approved program to 1 (a)(1) and (2) for the 2010 SO2 NAAQS. the term to distinguish this particular address certain sources as required by part C of title EPA will address these elements below type of SIP submission from I of the CAA; and section 110(a)(2)(G) provides that submissions that are intended to satisfy states must have legal authority to address under the following headings: (A) emergencies as well as contingency plans that are other SIP requirements under the CAA, triggered in the event of such emergencies. 1 Stephen D. Page, Director, Air Quality Policy such as ‘‘nonattainment SIP’’ or 3 See, e.g., ‘‘Rule To Reduce Interstate Transport Division, Office of Air Quality Planning and ‘‘attainment plan SIP’’ submissions to of Fine Particulate Matter and Ozone (Clean Air Standards, ‘‘Guidance on Infrastructure State address the nonattainment planning Interstate Rule); Revisions to Acid Rain Program; Implementation Plan (SIP) Elements Under Clean Revisions to the NOX SIP Call; Final Rule,’’ 70 FR Air Act Sections 110(a)(1) and 110(a)(2),’’ requirements of part D of title I of the 25162, at 25163—65 (May 12, 2005) (explaining Memorandum to EPA Regional Air Division CAA, ‘‘regional haze SIP’’ submissions relationship between timing requirement of section Directors, Regions I–X, September 13, 2013. required by EPA rule to address the 110(a)(2)(D) versus section 110(a)(2)(I)).

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submission of such plans for certain Ambiguities within sections 110(a)(1) section 110(a)(1) and section 110(a)(2) pollutants when the Administrator and 110(a)(2) may also arise with in the context of acting on a particular promulgates the designation of an area respect to infrastructure SIP submission SIP submission. In other words, EPA as nonattainment, and section requirements for different NAAQS. assumes that Congress could not have 107(d)(1)(B) allows up to two years, or Thus, EPA notes that not every element intended that each and every SIP in some cases three years, for such of section 110(a)(2) would be relevant, submission, regardless of the NAAQS in designations to be promulgated.4 This or as relevant, or relevant in the same question or the history of SIP ambiguity illustrates that rather than way, for each new or revised NAAQS. development for the relevant pollutant, apply all the stated requirements of The states’ attendant infrastructure SIP would meet each of the requirements, or section 110(a)(2) in a strict literal sense, submissions for each NAAQS therefore meet each of them in the same way. EPA must determine which provisions could be different. For example, the Therefore, EPA has adopted an of section 110(a)(2) are applicable for a monitoring requirements that a state approach under which it reviews particular infrastructure SIP submission. might need to meet in its infrastructure infrastructure SIP submissions against Another example of ambiguity within SIP submission for purposes of section the list of elements in section 110(a)(2), sections 110(a)(1) and 110(a)(2) with 110(a)(2)(B) could be very different for but only to the extent each element respect to infrastructure SIPs pertains to different pollutants, therefore the applies for that particular NAAQS. whether states must meet all of the content and scope of a state’s Historically, EPA has elected to use infrastructure SIP requirements in a infrastructure SIP submission to meet guidance documents to make single SIP submission, and whether EPA this element might be very different for recommendations to states for must act upon such SIP submission in an entirely new NAAQS than for a infrastructure SIPs, in some cases a single action. Although section minor revision to an existing NAAQS.7 conveying needed interpretations on 110(a)(1) directs states to submit ‘‘a EPA notes that interpretation of newly arising issues and in some cases plan’’ to meet these requirements, EPA section 110(a)(2) is also necessary when conveying interpretations that have interprets the CAA to allow states to EPA reviews other types of SIP already been developed and applied to make multiple SIP submissions submissions required under the CAA. individual SIP submissions for separately addressing infrastructure SIP Therefore, as with infrastructure SIP particular elements.8 EPA most recently elements for the same NAAQS. If states submissions, EPA also has to identify issued guidance for infrastructure SIPs elect to make such multiple SIP and interpret the relevant elements of on September 13, 2013 (2013 submissions to meet the infrastructure section 110(a)(2) that logically apply to Guidance).9 EPA developed the 2013 SIP requirements, EPA can elect to act these other types of SIP submissions. Guidance document to provide states on such submissions either individually For example, section 172(c)(7) requires with up-to-date guidance for or in a larger combined action.5 that attainment plan SIP submissions infrastructure SIPs for any new or Similarly, EPA interprets the CAA to required by part D have to meet the revised NAAQS. Within the 2013 allow it to take action on the individual ‘‘applicable requirements’’ of section guidance, EPA describes the duty of parts of one larger, comprehensive 110(a)(2). Thus, for example, attainment states to make infrastructure SIP infrastructure SIP submission for a plan SIP submissions must meet the submissions to meet basic structural SIP given NAAQS without concurrent requirements of section 110(a)(2)(A) requirements within three years of action on the entire submission. For regarding enforceable emission limits promulgation of a new or revised example, EPA has sometimes elected to and control measures and section NAAQS. EPA also made act at different times on various 110(a)(2)(E)(i) regarding air agency recommendations about many specific elements and sub-elements of the same resources and authority. By contrast, it subsections of section 110(a)(2) that are 6 infrastructure SIP submission. is clear that attainment plan SIP relevant in the context of infrastructure submissions required by part D would SIP submissions.10 The guidance also 4 EPA notes that this ambiguity within section not need to meet the portion of section 110(a)(2) is heightened by the fact that various 110(a)(2)(C) that pertains to the PSD 8 subparts of part D set specific dates for submission EPA notes, however, that nothing in the CAA of certain types of SIP submissions in designated program required in part C of title I of requires EPA to provide guidance or to promulgate nonattainment areas for various pollutants. Note, the CAA, because PSD does not apply regulations for infrastructure SIP submissions. The e.g., that section 182(a)(1) provides specific dates to a pollutant for which an area is CAA directly applies to states and requires the for submission of emissions inventories for the designated nonattainment and thus submission of infrastructure SIP submissions, ozone NAAQS. Some of these specific dates are regardless of whether or not EPA provides guidance necessarily later than three years after promulgation subject to part D planning requirements. or regulations pertaining to such submissions. EPA of the new or revised NAAQS. As this example illustrates, each type of elects to issue such guidance in order to assist 5 See, e.g., ‘‘Approval and Promulgation of SIP submission may implicate some states, as appropriate. Implementation Plans; New Mexico; Revisions to elements of section 110(a)(2) but not 9 ‘‘Guidance on Infrastructure State Implementation Plan (SIP) Elements under Clean the New Source Review (NSR) State others. Implementation Plan (SIP); Prevention of Air Act Sections 110(a)(1) and 110(a)(2),’’ Significant Deterioration (PSD) and Nonattainment Given the potential for ambiguity in Memorandum from Stephen D. Page, September 13, New Source Review (NNSR) Permitting,’’ 78 FR some of the statutory language of section 2013. 4339 (January 22, 2013) (EPA’s final action 110(a)(1) and section 110(a)(2), EPA 10 EPA’s September 13, 2013, guidance did not approving the structural PSD elements of the New believes that it is appropriate to make recommendations with respect to Mexico SIP submitted by the State separately to interpret the ambiguous portions of infrastructure SIP submissions to address section meet the requirements of EPA’s 2008 PM2.5 NSR 110(a)(2)(D)(i)(I). EPA issued the guidance shortly rule), and ‘‘Approval and Promulgation of Air after the U.S. Supreme Court agreed to review the Quality Implementation Plans; New Mexico; January 23, 2012 (77 FR 3213) and took final action DC Circuit decision in EME Homer City, 696 F.3d Infrastructure and Interstate Transport on March 14, 2012 (77 FR 14976). On April 16, 7 (D.C. Cir. 2012) which had interpreted the Requirements for the 2006 PM2.5 NAAQS,’’ (78 FR 2012 (77 FR 22533) and July 23, 2012 (77 FR requirements of section 110(a)(2)(D)(i)(I). In light of 4337) (January 22, 2013) (EPA’s final action on the 42997), EPA took separate proposed and final the uncertainty created by this litigation (which infrastructure SIP for the 2006 PM2.5 NAAQS). actions on all other section 110(a)(2) infrastructure culminated in the Supreme Court’s recent decision, 6 On December 14, 2007, the State of Tennessee, SIP elements of Tennessee’s December 14, 2007 134 S. Ct. 1584), EPA elected not to provide through the Tennessee Department of Environment submittal. additional guidance on the requirements of section 7 and Conservation, made a SIP revision to EPA For example, implementation of the 1997 PM2.5 110(a)(2)(D)(i)(I) at that time. As the guidance is demonstrating that the State meets the requirements NAAQS required the deployment of a system of neither binding nor required by statute, whether of sections 110(a)(1) and (2). EPA proposed action new monitors to measure ambient levels of that new EPA elects to provide guidance on a particular for infrastructure SIP elements (C) and (J) on indicator species for the new NAAQS. section has no impact on a state’s CAA obligations.

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discusses the substantively important the context of an infrastructure SIP relate to the three specific issues just issues that are germane to certain action. described. subsections of section 110(a)(2). For other section 110(a)(2) elements, EPA’s approach to review of Significantly, EPA interprets sections however, EPA’s review of a state’s infrastructure SIP submissions is to 110(a)(1) and 110(a)(2) such that infrastructure SIP submission focuses identify the CAA requirements that are infrastructure SIP submissions need to on assuring that the state’s SIP meets logically applicable to that submission. address certain issues and need not basic structural requirements. For EPA believes that this approach to the address others. Accordingly, EPA example, section 110(a)(2)(C) includes, review of a particular infrastructure SIP reviews each infrastructure SIP inter alia, the requirement that states submission is appropriate, because it submission for compliance with the have a program to regulate minor new would not be reasonable to read the applicable statutory provisions of sources. Thus, EPA evaluates whether general requirements of section section 110(a)(2), as appropriate. the state has an EPA-approved minor 110(a)(1) and the list of elements in As an example, section 110(a)(2)(E)(ii) NSR program and whether the program 110(a)(2) as requiring review of each is a required element of section addresses the pollutants relevant to that and every provision of a state’s existing 110(a)(2) for infrastructure SIP NAAQS. In the context of acting on an SIP against all requirements in the CAA submissions. Under this element, a state infrastructure SIP submission, however, and EPA regulations merely for must meet the substantive requirements EPA does not think it is necessary to purposes of assuring that the state in of section 128, which pertain to state conduct a review of each and every question has the basic structural boards that approve permits or provision of a state’s existing minor elements for a functioning SIP for a new enforcement orders and heads of source program (i.e., already in the or revised NAAQS. Because SIPs have executive agencies with similar powers. existing SIP) for compliance with the grown by accretion over the decades as Thus, EPA reviews infrastructure SIP requirements of the CAA and EPA’s statutory and regulatory requirements submissions to ensure that the state’s regulations that pertain to such under the CAA have evolved, they may SIP appropriately addresses the programs. include some outmoded provisions and requirements of section 110(a)(2)(E)(ii) With respect to certain other issues, historical artifacts. These provisions, and section 128. The 2013 Guidance EPA does not believe that an action on while not fully up to date, nevertheless explains EPA’s interpretation that there a state’s infrastructure SIP submission is may not pose a significant problem for may be a variety of ways by which states necessarily the appropriate type of the purposes of ‘‘implementation, can appropriately address these action in which to address possible maintenance, and enforcement’’ of a substantive statutory requirements, deficiencies in a state’s existing SIP. new or revised NAAQS when EPA depending on the structure of an These issues include: (i) existing evaluates adequacy of the infrastructure individual state’s permitting or provisions related to excess emissions SIP submission. EPA believes that a enforcement program (e.g., whether from sources during periods of startup, better approach is for states and EPA to permits and enforcement orders are shutdown, or malfunction that may be focus attention on those elements of approved by a multi-member board or contrary to the CAA and EPA’s policies section 110(a)(2) of the CAA most likely by a head of an executive agency). addressing such excess emissions to warrant a specific SIP revision due to However they are addressed by the (‘‘SSM’’); (ii) existing provisions related the promulgation of a new or revised state, the substantive requirements of to ‘‘director’s variance’’ or ‘‘director’s NAAQS or other factors. discretion’’ that may be contrary to the section 128 are necessarily included in For example, EPA’s 2013 Guidance CAA because they purport to allow EPA’s evaluation of infrastructure SIP gives simpler recommendations with revisions to SIP-approved emissions submissions because section respect to carbon monoxide than other limits while limiting public process or 110(a)(2)(E)(ii) explicitly requires that NAAQS pollutants to meet the visibility not requiring further approval by EPA; the state satisfy the provisions of section requirements of section and (iii) existing provisions for PSD 128. 110(a)(2)(D)(i)(II), because carbon programs that may be inconsistent with As another example, EPA’s review of monoxide does not affect visibility. As current requirements of EPA’s ‘‘Final infrastructure SIP submissions with a result, an infrastructure SIP NSR Improvement Rule,’’ 67 FR 80186 respect to the PSD program submission for any future new or (December 31, 2002), as amended by 72 requirements in sections 110(a)(2)(C), revised NAAQS for carbon monoxide FR 32526 (June 13, 2007) (‘‘NSR (D)(i)(II), and (J) focuses upon the need only state this fact in order to Reform’’). Thus, EPA believes it may structural PSD program requirements address the visibility prong of section approve an infrastructure SIP contained in part C and EPA’s PSD 110(a)(2)(D)(i)(II). submission without scrutinizing the regulations. Structural PSD program With respect to element[s] C and J, totality of the existing SIP for such requirements include provisions EPA interprets the CAA to require each potentially deficient provisions and may necessary for the PSD program to state to make an infrastructure SIP approve the submission even if it is address all regulated sources and New submission for a new or revised NAAQS aware of such existing provisions.11 It is Source Review (NSR) pollutants, that demonstrates that the air agency important to note that EPA’s approval of including greenhouse gases (GHGs). By has a complete PSD permitting program a state’s infrastructure SIP submission contrast, structural PSD program meeting the current requirements for all should not be construed as explicit or requirements do not include provisions regulated NSR pollutants. The implicit re-approval of any existing that are not required under EPA’s requirements of element D(i)(II) may potentially deficient provisions that regulations at 40 CFR 51.166 but are also be satisfied by demonstrating the merely available as an option for the 11 By contrast, EPA notes that if a state were to air agency has a complete PSD state, such as the option to provide include a new provision in an infrastructure SIP permitting program correctly addressing grandfathering of complete permit submission that contained a legal deficiency, such all regulated NSR pollutants. Kansas has applications with respect to the 2012 as a new exemption for excess emissions during shown that it currently has a PSD SSM events, then EPA would need to evaluate that PM2.5 NAAQS. Accordingly, the latter provision for compliance against the rubric of program in place that covers all optional provisions are types of applicable CAA requirements in the context of the regulated NSR pollutants, including provisions EPA considers irrelevant in action on the infrastructure SIP. greenhouse gases (GHGs).

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On June 23, 2014, the United States contain provisions that are no longer although it may not be appropriate to Supreme Court issued a decision necessary in light of the Supreme Court require a state to eliminate all existing addressing the application of PSD decision, this does not render the inappropriate director’s discretion permitting requirements to GHG infrastructure SIP submission provisions in the course of acting on an emissions. Utility Air Regulatory Group inadequate to satisfy elements C, infrastructure SIP submission, EPA v. Environmental Protection Agency, (D)(i)(II), and J. The SIP contains the believes that section 110(a)(2)(A) may be 134 S.Ct. 2427. The Supreme Court said necessary PSD requirements at this among the statutory bases that EPA that the EPA may not treat GHGs as an time, and the application of those relies upon in the course of addressing air pollutant for purposes of requirements is not impeded by the such deficiency in a subsequent determining whether a source is a major presence of other previously-approved action.14 provisions regarding the permitting of source required to obtain a PSD permit. IV. What is EPA’s evaluation of how the sources of GHGs that EPA does not The Court also said that the EPA could State addressed the relevant elements consider necessary at this time in light continue to require that PSD permits, of sections 110(a)(1) and (2)? otherwise required based on emissions of the Supreme Court decision. of pollutants other than GHGs, contain Accordingly, the Supreme Court EPA Region 7 received Kansas’ limitations on GHG emissions based on decision does not affect EPA’s proposed infrastructure SIP submission for the the application of Best Available approval of Kansas’ infrastructure SIP as 2010 SO2 standard on July 15, 2013. The Control Technology (BACT). In order to to the requirements of elements C, SIP submission became complete as a act consistently with its understanding D(i)(II), and J. matter of law on January 15, 2014. EPA of the Court’s decision pending further Finally, EPA believes that its has reviewed Kansas’ infrastructure SIP judicial action to effectuate the decision, approach with respect to infrastructure submission and the applicable statutory the EPA is not continuing to apply EPA SIP requirements is based on a and regulatory authorities and regulations that would require that SIPs reasonable reading of sections 110(a)(1) provisions referenced in those include permitting requirements that and 110(a)(2) because the CAA provides submissions or referenced in Kansas’ the Supreme Court found other avenues and mechanisms to SIP. Below is EPA’s evaluation of how impermissible. Specifically, EPA is not address specific substantive deficiencies the state addressed the relevant applying the requirement that a state’s in existing SIPs. These other statutory elements of section 110(a)(2) for the SIP-approved PSD program require that tools allow EPA to take appropriately 2010 SO2 NAAQS. sources obtain PSD permits when GHGs tailored action, depending upon the (A) Emission limits and other control are the only pollutant (i) that the source nature and severity of the alleged SIP measures: Section 110(a)(2)(A) requires emits or has the potential to emit above deficiency. Section 110(k)(5) authorizes SIPs to include enforceable emission the major source thresholds, or (ii) for EPA to issue a ‘‘SIP call’’ whenever the limits and other control measures, which there is a significant emissions Agency determines that a state’s SIP is means or techniques, schedules for increase and a significant net emissions substantially inadequate to attain or compliance, and other related matters as increase from a modification (e.g. 40 maintain the NAAQS, to mitigate needed to implement, maintain and interstate transport, or to otherwise enforce each NAAQS.15 CFR 51.166(b)(48)(v)). EPA anticipates a 12 need to revise Federal PSD rules in light comply with the CAA. Section The State of Kansas’ statutes and of the Supreme Court opinion. In 110(k)(6) authorizes EPA to correct regulations authorize the Kansas errors in past actions, such as past Department of Health and Environment addition, EPA anticipates that many 13 states will revise their existing SIP- approvals of SIP submissions. (KDHE) to regulate air quality and approved PSD programs in light of the Significantly, EPA’s determination that implement air quality control Supreme Court’s decision. The timing an action on a state’s infrastructure SIP regulations. KDHE’s statutory authority and content of subsequent EPA actions submission is not the appropriate time can be found in chapter 65, article 30 of with respect to the EPA regulations and and place to address all potential the Kansas Statutes Annotated (KSA), state PSD program approvals are existing SIP deficiencies does not otherwise known as the Kansas Air expected to be informed by additional preclude EPA’s subsequent reliance on Quality Act. KSA section 65–3003 legal process before the United States provisions in section 110(a)(2) as part of places the responsibility for air quality Court of Appeals for the District of the basis for action to correct those conservation and control of air pollution Columbia Circuit. At this juncture, EPA deficiencies at a later time. For example, with the Secretary of Health and is not expecting states to have revised 12 For example, EPA issued a SIP call to Utah to 14 See, e.g., EPA’s disapproval of a SIP submission their PSD programs for purposes of address specific existing SIP deficiencies related to from Colorado on the grounds that it would have infrastructure SIP submissions and is the treatment of excess emissions during SSM included a director’s discretion provision only evaluating such submissions to events. See ‘‘Finding of Substantial Inadequacy of inconsistent with CAA requirements, including assure that the state’s program correctly Implementation Plan; Call for Utah State section 110(a)(2)(A). See, e.g., 75 FR 42342 at 42344 Implementation Plan Revisions,’’ 74 FR 21639 (July 21, 2010) (proposed disapproval of director’s addresses GHGs consistent with the (April 18, 2011). discretion provisions); 76 FR 4540 (January 26, Supreme Court’s decision. 13 EPA has used this authority to correct errors in 2011) (final disapproval of such provisions). At present, EPA has determined the past actions on SIP submissions related to PSD 15 The specific nonattainment area plan programs. See ‘‘Limitation of Approval of requirements of section 110(a)(2)(I) are subject to Kansas’ SIP is sufficient to satisfy Prevention of Significant Deterioration Provisions the timing requirements of section 172, not the elements C, D(i)(II), and J with respect Concerning Greenhouse Gas Emitting-Sources in timing requirement of section 110(a)(1). Thus, to GHGs because the PSD permitting State Implementation Plans; Final Rule,’’ 75 FR section 110(a)(2)(A) does not require that states program previously approved by EPA 82536 (December 30, 2010). EPA has previously submit regulations or emissions limits specifically used its authority under CAA section 110(k)(6) to for attaining the 2010 SO2 NAAQS. Those SIP into the SIP continues to require that remove numerous other SIP provisions that the provisions are due as part of each state’s attainment PSD permits (otherwise required based Agency determined it had approved in error. See, plan, and will be addressed separately from the on emissions of pollutants other than e.g., 61 FR 38664 (July 25, 1996) and 62 FR 34641 requirements of section 110(a)(2)(A). In the context GHGs) contain limitations on GHG (June 27, 1997) (corrections to American Samoa, of an infrastructure SIP, EPA is not evaluating the Arizona, California, Hawaii, and Nevada SIPs); 69 existing SIP provisions for this purpose. Instead, emissions based on the application of FR 67062 (November 16, 2004) (corrections to EPA is only evaluating whether the state’s SIP has BACT. Although the approved Kansas California SIP); and 74 FR 57051 (November 3, basic structural provisions for the implementation PSD permitting program may currently 2009) (corrections to Arizona and Nevada SIPs). of the NAAQS.

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Environment (‘‘Secretary’’). The ambient impacts of any source regulation of the modification and Secretary in turn administers the Kansas emissions, and any other parameters construction of stationary sources as Air Quality Act through the Division of deemed necessary. The Secretary can necessary to protect the applicable Environment within KDHE. Air also require these sources to keep NAAQS (i.e., state-wide permitting of pollution is defined in KSA section 65– records and make reports consistent minor sources); and (3) a permit 3002(c) as the presence in the outdoor with the Kansas Air Quality Act. KSA program to meet the major source atmosphere of one or more air section 65–3007(b). permitting requirements of the CAA (for contaminants in such quantities and Kansas has an air quality monitoring areas designated as attainment or duration as is, or tends significantly to network operated by KDHE and local air unclassifiable for the NAAQS in be, injurious to human health or quality agencies that collects air quality question).16 welfare, animal or plant life, or data that are compiled, analyzed, and (1) Enforcement of SIP Measures. property, or would unreasonably reported to EPA. KDHE’s Web site With respect to enforcement of interfere with the enjoyment of life or contains up-to-date information about requirements of the SIP, KSA section property, or would contribute to the air quality monitoring, including a 65–3005(a)(3) gives the Secretary the formation of regional haze. description of the network and authority to issue orders, permits and KSA section 65–3005(a)(1) provides information about the monitoring of approvals as may be necessary to authority to the Secretary to adopt, SO2. See, generally, http:// effectuate the purposes of the Kansas amend and repeal rules and regulations www.kdheks.gov/bar/air-monitor/ Air Quality Act and enforce the Act by implementing the Kansas Air Quality indexMon.html. KDHE also conducts all appropriate administrative and Act. It also gives the Secretary the five-year monitoring network judicial proceedings. Pursuant to KSA authority to establish ambient air assessments, including the SO2 section 65–3006, the Secretary also has quality standards for the State of Kansas monitoring network, as required by 40 the authority to enforce rules, as a whole or for any part thereof. KSA CFR 58.10(d). On December 3, 2013, regulations and standards to implement section 65–3005(a)(12). The Secretary EPA approved Kansas’ 2013–2014 the Kansas Air Quality Act and to has the authority to promulgate rules Ambient Air Monitoring Network Plan. employ the professional, technical and and regulations to ensure that Kansas is This plan includes, among other things, other staff to effectuate the provisions of in compliance with the provisions of the the location for the SO2 monitoring the Act. In addition, if the Secretary or Act, in furtherance of a policy to network in Kansas. Specifically, KDHE the director of the Division of implement laws and regulations operates four sulfur dioxide monitors in Environment finds that any person has consistent with those of the Federal the state in accordance with the source- violated any provision of any approval, government. KSA section 65–3005(b). oriented sulfur dioxide monitoring permit or compliance plan or any The Secretary also has the authority to requirements of 40 CFR part 58, provision of the Kansas Air Quality Act establish emission control requirements appendix D, paragraph 4.4.1(a). Data or any rule or regulation promulgated as appropriate to facilitate the gathered by the monitors is submitted to thereunder, he or she may issue an accomplishment of the purposes of the EPA’s Air Quality System, which in order directing the person to take such Kansas Air Quality Act. KSA section turn determines if the network site action as necessary to correct the 65–3010(a). monitors are in compliance with the violation. KSA section 65–3011. Based upon review of the state’s NAAQS. KSA section 65–3018 gives the infrastructure SIP submission for the Within KDHE, the Bureau of Air Secretary or the Director of the Division 2010 SO2 NAAQS, and relevant implements these requirements. Along of Environment the authority to impose statutory and regulatory authorities and with its other duties, the Monitoring a monetary penalty against any person provisions referenced in the submission and Planning Section collects air who, among other things, either violates or referenced in Kansas’ SIP, EPA monitoring data, quality assures the any order or permit issued under the believes that the Kansas SIP adequately results, and reports the data. The data is Kansas Air Quality Act, or violates any addresses the requirements of section then used to develop the appropriate provision of the Act or rule or regulation 110(a)(2)(A) for the 2010 SO2 NAAQS regulatory or outreach strategies to promulgated thereunder. Section 65– and is proposing to approve this reduce air pollution. 3028 provides for criminal penalties for element of the July 15, 2013, SIP Based upon review of the state’s knowing violations. submission. infrastructure SIP submission for the (2) Minor New Source Review. Section (B) Ambient air quality monitoring/ 2010 SO2 NAAQS, and relevant 110(a)(2)(C) also requires that the SIP data system: Section 110(a)(2)(B) statutory and regulatory authorities and include measures to regulate requires SIPs to include provisions to provisions referenced in the submission construction and modification of provide for establishment and operation or referenced in Kansas’ SIP, EPA stationary sources to protect the of ambient air quality monitors, believes that the Kansas SIP adequately NAAQS. With respect to smaller sources collection and analysis of ambient air addresses the requirements of section that meet the criteria listed in KAR 28– quality data, and making these data 110(a)(2)(B) for the 2010 SO2 NAAQS 19–300(b) ‘‘Construction Permits and available to EPA upon request. and is proposing to approve this Approvals,’’ Kansas has a SIP-approved To address this element, KSA section element of the July 15, 2013, SIP permitting program. Any person 65–3007 provides the enabling authority submission. proposing to conduct a construction or necessary for Kansas to fulfill the (C) Program for enforcement of modification at such a source must requirements of section 110(a)(2)(B). control measures (PSD, New Source obtain approval from KDHE prior to This provision gives the Secretary the Review for nonattainment areas, and commencing construction or authority to classify air contaminant construction and modification of all modification. If KDHE determines that sources which, in his or her judgment, stationary sources): Section 110(a)(2)(C) may cause or contribute to air pollution. requires states to include the following 16 As discussed in further detail below, this Furthermore, the Secretary has the three elements in the SIP: (1) A program infrastructure SIP rulemaking will not address the Kansas program for nonattainment area related authority to require such air providing for enforcement of all SIP provisions, since EPA considers evaluation of these contaminant sources to monitor measures described in section provisions to be outside the scope of infrastructure emissions, operating parameters, 110(a)(2)(A); (2) a program for the SIP actions.

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air contaminant emissions from a source as prongs 1 through 4. Prongs 1 and 2 interstate and international pollution will interfere with attainment or are provided at section 110(a)(2)(D)(i)(I); abatement, respectively. maintenance of the NAAQS, it cannot Prongs 3 and 4 are provided at section Section 126(a) of the CAA requires issue an approval to construct or modify 110(a)(2)(D)(i)(II). Section new or modified sources to notify that source (KAR 28–19–301(d) 110(a)(2)(D)(i)(I) requires SIPs to include neighboring states of potential impacts ‘‘Construction Permits and Approvals; adequate provisions prohibiting any from sources within the state. The Application and Issuance’’). source or other type of emissions Kansas regulations address abatement of In this action, EPA is proposing to activity in one state from contributing the effects of interstate pollution. For approve Kansas’ infrastructure SIP for significantly to nonattainment, or example, KAR 28–19–350(k)(2) the 2010 SO2 standard with respect to interfering with maintenance, of any ‘‘Prevention of Significant Deterioration the general requirement in section NAAQS in another state. Section (PSD) of Air Quality’’ requires KDHE, 110(a)(2)(C) to include a program in the 110(a)(2)(D)(i)(II) requires SIPs to prior to issuing any construction permit SIP that regulates the modification and include adequate provisions prohibiting for a proposed new major source or construction of any stationary source as any source or other type of emissions major modification, to notify EPA, as necessary to assure that the NAAQS are activity in one state from interfering well as: Any state or local air pollution achieved. In this action, EPA is not with measures required of any other control agency having jurisdiction in the proposing to approve or disapprove the state to prevent significant deterioration air quality control region in which the state’s existing minor NSR program to of air quality or to protect visibility. new or modified installation will be the extent that it is inconsistent with In this notice, we are not proposing to located; the chief executives of the city EPA’s regulations governing this take any actions related to the interstate and county where the source will be program. EPA has maintained that the transport requirements of section located; any comprehensive regional CAA does not require that new 110(a)(2)(D)(i)(I)—prongs 1 and 2. At land use planning agency having infrastructure SIP submissions correct this time, there is no SIP submission jurisdiction where the source will be any defects in existing EPA-approved from Kansas relating to 110(a)(2)(D)(i)(I) located; and any state, Federal land provisions of minor NSR programs in for the 2010 SO2 NAAQS pending manager, or Indian governing body order for EPA to approve the before the Agency. whose lands will be affected by infrastructure SIP for element (C) (e.g., With respect to the PSD requirements emissions from the new source or 76 FR 41076–76 FR 41079). of section 110(a)(2)(D)(i)(II)—prong 3, modification.18 See also KAR 28–19–204 (3) Prevention of Significant EPA notes that Kansas’ satisfaction of ‘‘General Provisions; Permit Issuance Deterioration (PSD) permit program. the applicable infrastructure SIP PSD and Modification; Public Participation’’ Kansas also has a program approved by requirements for attainment/ for additional public participation EPA as meeting the requirements of part unclassifiable areas of the 2010 SO2 requirements. In addition, no Kansas C, relating to prevention of significant NAAQS have been detailed in the source or sources have been identified deterioration of air quality. In order to section addressing section 110(a)(2)(C). by EPA as having any interstate impacts demonstrate that Kansas has met this EPA also notes that the proposed action under section 126 in any pending sub-element, this PSD program must in that section related to PSD is actions relating to any air pollutant. cover requirements not just for the 2010 consistent with the proposed approval Section 115 of the CAA authorizes SO NAAQS, but for all other regulated related to PSD for section EPA to require a state to revise its SIP 2 110(a)(2)(D)(i)(II). NSR pollutants as well. under certain conditions to alleviate With regard to the applicable In a previous action on June 20, 2013, international transport into another requirements for visibility protection of EPA determined that Kansas has a country. There are no final findings section 110(a)(2)(D)(i)(II)—prong 4, program in place that meets all the PSD under section 115 of the CAA against states are subject to visibility and requirements related to all required Kansas with respect to any air pollutant. regional haze program requirements pollutants (78 FR 37126).17 Thus, the state’s SIP does not need to Therefore, under part C of the CAA (which Kansas has adopted all necessary include any provisions to meet the includes sections 169A and 169B). The requirements of section 115. provisions to ensure that its PSD 2013 Guidance states that these program covers the requirements for the Based upon review of the state’s requirements can be satisfied by an infrastructure SIP submission for the SO2 NAAQS and all other regulated approved SIP addressing reasonably 2010 SO2 NAAQS, and relevant NSR pollutants. attributable visibility impairment, if Based upon review of the state’s statutory and regulatory authorities and required, and an approved SIP infrastructure SIP submission for the provisions referenced in the submission addressing regional haze. or referenced in Kansas’ SIP, EPA 2010 SO2 NAAQS, and relevant Kansas meets this requirement believes that Kansas has the adequate statutory and regulatory authorities and through EPA’s final approval of Kansas’ infrastructure needed to address provisions referenced in the submission regional haze plan on December 27, sections 110(a)(2)(D)(i)(II)—Prongs 3 or referenced in Kansas’ SIP, EPA 2011 (76 FR 80754). In this final and 4 and 110 (a)(2)(D)(ii) for the 2010 believes that the Kansas SIP adequately approval, EPA determined that the SO NAAQS and is proposing to addresses the requirements of section Kansas SIP met requirements of the 2 approve this element of the July 15, 110(a)(2)(C) for the 2010 SO2 NAAQS CAA, for states to prevent any future 2013, submission. and is proposing to approve this and remedy any existing anthropogenic element of the July 15, 2013, SIP (E) Adequate authority, resources, impairment of visibility in Class I areas implementation, and oversight: Section submission. caused by emissions of air pollutants (D) Interstate and international 110(a)(2)(E) requires that SIPs provide located over a wide geographic area. for the following: (1) Necessary transport: Section 110(a)(2)(D)(i) Therefore, EPA is proposing to fully includes four requirements referred to assurances that the state (and other approve this aspect of the submission. entities within the state responsible for Section 110(a)(2)(D)(ii) also requires 17 For a detailed discussion on EPA’s analysis of how Kansas meets the PSD requirements, see EPA’s that the SIP insure compliance with the 18 KAR 28–19–16k(b) provides similar April 17, 2013, proposed approval of Kansas’ 1997 applicable requirements of sections 126 requirements for construction permits issued in and 2006 PM2.5 infrastructure SIP (78 FR 22827). and 115 of the CAA, relating to nonattainment areas.

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implementing the SIP) will have the purpose of administering the Kansas pollution control law. KSA section 65– adequate personnel, funding, and Air Quality Act. 3003 specifically places responsibility authority under state or local law to Kansas also uses funds in the non- for air quality conservation and control implement the SIP, and that there are no Title V subaccounts, along with General of air pollution with the Secretary. The legal impediments to such Revenue funds and EPA grants under, Secretary shall then administer the implementation; (2) requirements that for example, sections 103 and 105 of the Kansas Air Quality Act through the the state comply with the requirements Act, to fund the programs. EPA Division of Environment. As an example relating to state boards, pursuant to conducts periodic program reviews to of this retention of authority, KSA section 128 of the CAA; and (3) ensure that the state has adequate section 65–3016 only allows for the necessary assurances that the state has resources and funding to, among other formation of local air quality responsibility for ensuring adequate things, implement the SIP. conservation authorities with the implementation of any plan provision (2) Conflict of interest provisions— approval of the Secretary. In addition, for which it relies on local governments section 128. Section 110(a)(2)(E)(ii) although these authorities can adopt or other entities to carry out that portion requires that each state SIP meet the additional air quality rules, regulations of the plan. requirements of section 128, relating to and standards, they may only do so if (1) Section 110(a)(2)(E)(i) requires representation on state boards and those rules, regulations and standards states to establish that they have conflicts of interest by members of such are in compliance with those set by the adequate personnel, funding and boards. Section 128(a)(1) requires that Secretary for that area. Currently, KDHE authority. With respect to adequate any board or body which approves oversees the following local agencies authority, we have previously discussed permits or enforcement orders under the that implement that Kansas Air Quality Kansas’ statutory and regulatory CAA must have at least a majority of Act: The City of Wichita Office of authority to implement the 2010 SO2 members who represent the public Environmental Health, Johnson County NAAQS, primarily in the discussion of interest and do not derive any Department of Health and Environment, section 110(a)(2)(A) above. Neither ‘‘significant portion’’ of their income and Unified Government of Wyandotte Kansas nor EPA has identified any legal from persons subject to permits and County–Kansas City, Kansas Public impediments in the state’s SIP to enforcement orders under the CAA. Health Department. implementation of the NAAQS. Section 128(a)(2) requires that members Based upon review of the state’s With respect to adequate resources, of such a board or body, or the head of infrastructure SIP submission for the KDHE asserts that it has adequate an agency with similar powers, 2010 SO2 NAAQS and relevant statutory personnel to implement the SIP. The adequately disclose any potential and regulatory authorities and Kansas statutes provide the Secretary conflicts of interest. provisions referenced in the submission the authority to employ technical, On June 20, 2013, EPA approved or referenced in Kansas’ SIP, EPA professional and other staff to effectuate Kansas’ SIP revision addressing the believes that Kansas has the adequate the purposes of the Kansas Air Quality section 128 requirements (78 FR 37126). infrastructure needed to address section Act from funds appropriated and For a detailed discussion on EPA’s 110(a)(2)(E) for the 2010 SO2 NAAQS available for these purposes. See KSA analysis of how Kansas meets the and is proposing to approve this section 65–3006(b). Within KDHE, the section 128 requirements, see EPA’s element of the July 15, 2013, Bureau of Air implements the Kansas April 17, 2013, proposed approval of submission. Air Quality Act. This Bureau is further Kansas’ 1997 and 2006 PM2.5 (F) Stationary source monitoring divided into the Air Compliance and infrastructure SIP (78 FR 22827). system: Section 110(a)(2)(F) requires Enforcement Section, Air Permit (3) With respect to assurances that the states to establish a system to monitor Section; the Monitoring and Planning state has responsibility to implement emissions from stationary sources and Section; and the Radiation and Asbestos the SIP adequately when it authorizes to submit periodic emission reports. Control Section. local or other agencies to carry out Each SIP shall require the installation, With respect to funding, the Kansas portions of the plan, KSA section 65– maintenance, and replacement of Legislature annually approves funding 3005(a)(8) grants the Secretary authority equipment, and the implementation of and personnel resources for KDHE to to encourage local units of government other necessary steps, by owners or implement the air program. The annual to handle air pollution problems within operators of stationary sources, to budget process provides a periodic their own jurisdictions and to provide monitor emissions from such sources. update that enables KDHE and the local technical and consultative assistance The SIP shall also require periodic agencies to adjust funding and therefor. The Secretary may also enter reports on the nature and amounts of personnel needs. In addition, the Kansas into agreements with local units of emissions and emissions-related data statutes grant the Secretary authority to government to administer all or part of from such sources, and requires that the establish various fees for sources, to the provisions of the Kansas Air Quality state correlate the source reports with cover any and all parts of administering Act in the units’ respective emission limitations or standards the provisions of the Kansas Air Quality jurisdictions. In fact, KSA section 65– established under the CAA. These Act. For example, KSA section 65– 3016 allows for cities and/or counties reports must be made available for 3008(f) grants the Secretary authority to (or combinations thereof) to form local public inspection at reasonable times. fix, charge, and collect fees for air quality conservation authorities. To address this element, KSA section construction approvals and permits (and These authorities will then have the 65–3007 gives the Secretary the the renewals thereof). KSA section 65– authority to enforce air quality rules and authority to classify air contaminant 3024 grants the Secretary the authority regulations adopted by the Secretary sources which, in his or her judgment, to establish annual emissions fees. and adopt any additional rules, may cause or contribute to air pollution. These emission fees, along with any regulations and standards as needed to The Secretary shall require air moneys recovered by the state under the maintain satisfactory air quality within contaminant emission sources to provisions of the Kansas Air Quality their jurisdictions. monitor emissions, operating Act, are deposited into an air quality fee At the same time, the Kansas statutes parameters, ambient impact of any fund in the state treasury. Moneys in the also retain authority in the Secretary to source emissions, and any other air quality fee fund can only be used for carry out the provisions of the state air parameters deemed necessary.

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Furthermore, the Secretary may require KSA section 65–3012(a) states that part thereof. KSA section 65– these emissions sources to keep records whenever the Secretary receives 3005(a)(12). Therefore, as a whole, the and make reports consistent with the evidence that emissions from an air Secretary has the authority to revise purposes of the Kansas Air Quality Act. pollution source or combination of rules as necessary to respond to any In addition, KAR 28–19–12(A) sources presents an imminent and necessary changes in the NAAQS. ‘‘Measurement of Emissions’’ states that substantial endangerment to public Based upon review of the state’s KDHE may require any person health or welfare or to the environment, infrastructure SIP submission for the responsible for the operation of an he or she may issue a temporary order 2010 SO2 NAAQS, and relevant emissions source to make or have tests directing the owner or operator, or both, statutory and regulatory authorities and made to determine the rate of to take such steps as necessary to provisions referenced in the submission contaminant emissions from the source prevent the act or eliminate the practice. or referenced in Kansas’ SIP, EPA whenever it has reason to believe that Upon issuance of this temporary order, believes that Kansas has adequate existing emissions exceed limitations the Secretary may then commence an authority to address section 110(a)(2)(H) specified in the Kansas air quality action in the district court to enjoin for the 2010 SO2 NAAQS and is regulations. At the same time, KDHE these acts or practices. proposing to approve this element of the may also conduct its own tests of KAR 28–19–56 ‘‘Episode Criteria’’ July 15, 2013, submission. emissions from any source. KAR 28–19– allows the Secretary to proclaim an air (I) Nonattainment areas: Section 12(B). The Kansas regulations also pollution alert, air pollution warning, or 110(a)(2)(I) requires that in the case of require that all Class I operating permits air pollution emergency whenever he or a plan or plan revision for areas include requirements for monitoring of she determines that the accumulation of designated as nonattainment areas, emissions (KAR 28–19–512(a)(9) ‘‘Class air contaminants at any sampling states must meet applicable I Operating Permits; Permit Content’’). location has attained levels which requirements of part D of the CAA, relating to SIP requirements for Kansas makes all monitoring reports could, if such levels are sustained or designated nonattainment areas. (as well as compliance plans and exceeded, threaten the public health. As noted earlier, EPA does not expect compliance certifications) submitted as KAR 28–19–57 ‘‘Emission Reduction Requirements’’ imposes restrictions on infrastructure SIP submissions to part of a construction permit or Class I address subsection (I). The specific SIP or Class II permit application publicly emission sources in the event one of these three air pollution episode submissions for designated available. See KSA section 65–3015(a); nonattainment areas, as required under KAR 28–19–204(c)(6) ‘‘General statuses is declared. Based upon review of the state’s CAA title I, part D, are subject to Provisions; Permit Issuance and infrastructure SIP submissions for the different submission schedules than Modification; Public Participation.’’ 2010 SO2 NAAQS, and relevant those for section 110 infrastructure KDHE uses this information to track statutory and regulatory authorities and elements. Instead, EPA will take action progress towards maintaining the provisions referenced in those on part D attainment plan SIP NAAQS, developing control and submissions or referenced in Kansas’ submissions through a separate maintenance strategies, identifying SIP, EPA believes that the Kansas SIP rulemaking governed by the sources and general emission levels, and adequately addresses section requirements for nonattainment areas, determining compliance with emission 110(a)(2)(G) for the 2010 SO2 NAAQS as described in part D. regulations and additional EPA and is proposing to approve this (J) Consultation with government requirements. Although the Kansas element of the July 15, 2013, officials, public notification, PSD and statutes allow a person to request that submission. visibility protection: Section 110(a)(2)(J) records or information reported to (H) Future SIP revisions: Section requires SIPs to meet the applicable KDHE be regarded and treated as 110(a)(2)(H) requires states to have the requirements of the following CAA confidential on the grounds that it authority to revise their SIPs in response provisions: (1) Section 121, relating to constitutes trade secrets, emission data to changes in the NAAQS, availability of interagency consultation regarding is specifically excluded from this improved methods for attaining the certain CAA requirements; (2) section protection. See KSA section 65–3015(b). NAAQS, or in response to an EPA 127, relating to public notification of Based upon review of the state’s finding that the SIP is substantially NAAQS exceedances and related issues; infrastructure SIP submission for the inadequate to attain the NAAQS. and (3) part C of the CAA, relating to 2010 SO2 NAAQS, and relevant KSA section 65–3005(b) specifically prevention of significant deterioration of statutory and regulatory authorities and states that it is the policy of the state of air quality and visibility protection. provisions referenced in the submission Kansas to regulate the air quality of the (1) With respect to interagency or referenced in Kansas’ SIP, EPA state and implement laws and consultation, the SIP should provide a believes that Kansas has the adequate regulations that are applied equally and process for consultation with general- infrastructure needed to address section uniformly throughout the state and purpose local governments, designated 110(a)(2)(F) for the 2010 SO2 NAAQS consistent with that of the Federal organizations of elected officials of local and is proposing to approve this government. Therefore, the Secretary governments, and any Federal Land element of the July 15, 2013, has the authority to promulgate rules Manager having authority over Federal submission. and regulations to ensure that Kansas is land to which the SIP applies. KSA (G) Emergency authority: Section in compliance with the provisions of the section 65–3005(a)(14) grants the 110(a)(2)(G) requires SIPs to provide for Federal CAA. KSA 65–3005(b)(1). Secretary the authority to advise, authority to address activities causing As discussed previously, KSA section consult and cooperate with other imminent and substantial endangerment 65–3005(a)(1) provides authority to the agencies of the state, local governments, to public health or welfare or the Secretary to adopt, amend and repeal other states, interstate and interlocal environment (comparable to the rules and regulations implementing and agencies, and the Federal government. authorities provided in section 303 of consistent with the Kansas Air Quality Furthermore, as noted earlier in the the CAA), and to include contingency Act. The Secretary also has the authority discussion on section 110(a)(2)(D), plans to implement such authorities as to establish ambient air quality Kansas’ regulations require that necessary. standards for the state of Kansas or any whenever it receives a construction

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permit application for a new source or 110(a)(2)(J), EPA recognizes that states source emissions or any other a modification, KDHE must notify state are subject to visibility and regional parameters deemed necessary. The and local air pollution control agencies, haze program requirements under part C Secretary may also require these sources as well as regional land use planning of the CAA. However, when EPA to keep records and make reports agencies and any state, Federal land establishes or revises a NAAQS, these consistent with the purposes of the manager, or Indian governing body visibility and regional haze Kansas Air Quality Act. These reports whose lands will be affected by requirements under part C do not could include information as may be emissions from the new source or change. EPA believes that there are no required by the Secretary concerning the modification. See KAR 28–19–350(k)(2) new visibility protection requirements location, size, and height of ‘‘Prevention of Significant Deterioration under part C as a result of a revised contaminant outlets, processes (PSD) of Air Quality.’’ NAAQS. Therefore, there are no newly employed, fuels used, and the nature (2) With respect to the requirements applicable visibility protection and time periods or duration of for public notification in section 127, obligations pursuant to element J after emissions, and such information as is the infrastructure SIP should provide the promulgation of a new or revised relevant to air pollution and available or citations to regulations in the SIP NAAQS. reasonably capable of being assembled. requiring the air agency to regularly Nevertheless, as noted above in KSA section 65–3007(c). notify the public of instances or areas in section D, EPA has already approved Based upon review of the state’s which any NAAQS are exceeded; advise Kansas’ Regional Haze Plan and infrastructure SIP submission for the the public of the health hazard determined that it met the CAA 2010 SO2 NAAQS, and relevant associated with such exceedances; and requirements for preventing future and statutory and regulatory authorities and enhance public awareness of measures remedying existing impairment of provisions referenced in the submission that can prevent such exceedances and visibility caused by air pollutants. or referenced in Kansas’ SIP, EPA of ways in which the public can Based upon review of the state’s believes that Kansas has the adequate participate in the regulatory and other infrastructure SIP submission for the infrastructure needed to address section efforts to improve air quality. 2010 SO2 NAAQS, and relevant 110(a)(2)(K) for the 2010 SO2 NAAQS As discussed previously with element statutory and regulatory authorities and and is proposing to approve this (G), KAR 28–19–56 ‘‘Episode Criteria’’ provisions referenced in the submission element of the July 15, 2013, contains provisions that allow the or referenced in Kansas’ SIP, EPA submission. Secretary to proclaim an air pollution believes that Kansas has met the (L) Permitting Fees: Section alert, air pollution warning, or air applicable requirements of section 110(a)(2)(L) requires SIPs to require pollution emergency status whenever he 110(a)(2)(J) for the 2010 SO NAAQS in 2 each major stationary source to pay or she determines that the accumulation the state and is therefore proposing to of air contaminants at any sampling approve this element of the July 15, permitting fees to the permitting location has attained levels which 2013, submission. authority, as a condition of any permit could, if such levels are sustained or (K) Air quality and modeling/data: required under the CAA, to cover the exceeded, threaten the public health. Section 110(a)(2)(K) requires that SIPs cost of reviewing and acting upon any Any of these emergency situations can provide for performing air quality application for such a permit, and, if the also be declared by the Secretary even modeling, as prescribed by EPA, to permit is issued, the costs of in the absence of issuance of a high air predict the effects on ambient air quality implementing and enforcing the terms pollution potential advisory or of any emissions of any NAAQS of the permit. The fee requirement equivalent advisory from a local pollutant, and for submission of such applies until a fee program established weather bureau meteorologist, if data to EPA upon request. by the state pursuant to Title V of the deemed necessary to protect the public Kansas has authority to conduct air CAA, relating to operating permits, is health. In the event of such an quality modeling and report the results approved by EPA. emergency situation, public notification of such modeling to EPA. KSA section KSA section 65–3008(f) allows the will occur through local weather 65–3005(a)(9) gives the Secretary the Secretary to fix, charge, and collect fees bureaus. authority to encourage and conduct for approvals and permits (and the In addition, information regarding air studies, investigations and research renewals thereof). KSA section 65–3024 pollution and related issues is provided relating to air contamination and air grants the Secretary the authority to on a KDHE Web site, http:// pollution and their causes, effects, establish annual emissions fees. Fees www.kdheks.gov/bar/. This information prevention, abatement and control. As from the construction permits and includes air quality data, information an example of regulatory authority to approvals are deposited into the Kansas regarding the NAAQS, health effects of perform modeling for purposes of state treasury and credited to the state poor air quality, and links to the Kansas determining NAAQS compliance, the general fund. Emissions fees are Air Quality Monitoring Network. KDHE regulations at KAR 28–19–350 deposited into an air quality fee fund in also has an ‘‘Outreach and Education’’ ‘‘Prevention of Significant Deterioration the Kansas state treasury. Moneys in the Web page (http://www.kdheks.gov/bar/ (PSD) of Air Quality’’ incorporate EPA air quality fee fund can only be used for air_outreach/air_quality_edu.htm) with modeling guidance in 40 CFR part 51, the purpose of administering the Kansas information on how individuals can appendix W for the purposes of Air Quality Act. take measures to reduce emissions and demonstrating compliance or non- Kansas’ Title V program, found at improve air quality in daily activities. compliance with a NAAQS. KAR 28–19–500 to 28–19–564, was (3) With respect to the applicable The Kansas statutes and regulations approved by EPA on January 30, 1996 requirements of part C of the CAA, also give KDHE the authority to require (61 FR 2938). EPA reviews the Kansas relating to PSD of air quality and that modeling data be submitted for Title V program, including Title V fee visibility protection, as noted in above analysis. KSA section 65–3007(b) grants structure, separately from this proposed under element (C), the Kansas SIP meets the Secretary the authority to require air action. Because the Title V program and the PSD requirements, incorporating the contaminant emission sources to associated fees legally are not part of the Federal rule by reference. With respect monitor emissions, operating SIP, the infrastructure SIP action we are to the visibility component of section parameters, ambient impact of any proposing today does not preclude EPA

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from taking future action regarding believes that Kansas has the adequate the CAA. Accordingly, this action Kansas’ Title V program. infrastructure needed to address section merely approves state law as meeting Based upon review of the state’s 110(a)(2)(M) for the 2010 SO2 NAAQS Federal requirements and does not infrastructure SIP submission for the and is proposing to approve this impose additional requirements beyond 2010 SO2 NAAQS, and relevant element of the July 15, 2013, those imposed by state law. For that statutory and regulatory authorities and submission. reason, this proposed action: provisions referenced in the submission • V. What action is EPA proposing? Is not a ‘‘significant regulatory or referenced in Kansas’ SIP, EPA action’’ under the terms of Executive believes that the requirements of section EPA is proposing to approve the Order 12866 (58 FR 51735, October 4, 110(a)(2)(L) for the 2010 SO2 NAAQS infrastructure SIP submissions from 1993) and is therefore not subject to are met and is proposing to approve this Kansas which address the requirements review under Executive Orders 12866 element of the July 15, 2013, of CAA sections 110(a)(1) and (2) as and 13563 (76 FR 3821, January 21, submission. applicable to the 2010 SO2 NAAQS. 2011). (M) Consultation/participation by Specifically, EPA is proposing to • does not impose an information affected local entities: Section approve the following infrastructure collection burden under the provisions 110(a)(2)(M) requires SIPs to provide for elements, or portions thereof: of the Paperwork Reduction Act (44 consultation and participation by local 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). As U.S.C. 3501 et seq.); political subdivisions affected by the • SIP. discussed in each applicable section of is certified as not having a KSA section 65–3005(a)(8)(A) gives this rulemaking, EPA is not proposing significant economic impact on a the Secretary the authority to encourage action on section 110(a)(2)(D)(i)(I), and substantial number of small entities local units of government to handle air section 110(a)(2)(I)—Nonattainment under the Regulatory Flexibility Act pollution problems within their Area Plan or Plan Revisions Under Part (5 U.S.C. 601 et seq.); respective jurisdictions and on a D. • does not contain any unfunded cooperative basis and to provide Based upon review of the state’s mandate or significantly or uniquely technical and consultative assistance infrastructure SIP submissions and affect small governments, as described therefor. The Secretary may also enter relevant statutory and regulatory in the Unfunded Mandates Reform Act into agreements with local units of authorities and provisions referenced in of 1995 (Pub. L. 104–4); government to administer all or part of the submission or referenced in Kansas’ • does not have Federalism the provisions on the Kansas Air SIP, EPA believes that Kansas has the implications as specified in Executive Quality Act in the units’ respective infrastructure to address all applicable Order 13132 (64 FR 43255, August 10, jurisdiction. The Secretary also has the required elements of sections 110(a)(1) 1999); authority to advise, consult, and and (2) (except otherwise noted) to • is not an economically significant cooperate with local governments. KSA ensure that the 2010 SO2 NAAQS are regulatory action based on health or section 65–3005(a)(14). He or she may implemented in the state. safety risks subject to Executive Order enter into contracts and agreements We are hereby soliciting comment on 13045 (62 FR 19885, April 23, 1997); with local governments as is necessary this proposed action. Final rulemaking • is not a significant regulatory action to accomplish the goals of the Kansas will occur after consideration of any subject to Executive Order 13211 (66 FR Air Quality Act. KSA section 65– comments. 28355, May 22, 2001); 3005(a)(16). • Currently, KDHE’s Bureau of Air has VI. Statutory and Executive Order is not subject to requirements of signed state and/or local agreements Review section 12(d) of the National with the Department of Air Quality from In this rule, EPA is proposing to Technology Transfer and Advancement the Unified Government of Wyandotte include in a final EPA rule regulatory Act of 1995 (15 U.S.C. 272 note) because County—Kansas City, Kansas; the text that includes incorporation by application of those requirements would Wichita Office of Environmental Health; reference. In accordance with be inconsistent with the CAA; and • the Johnson County Department of requirements of 1 CFR 51.5, EPA is does not provide EPA with the Health and Environment; and the Mid- proposing to incorporate by reference discretionary authority to address, as America Regional Council. These the EPA approved Kansas appropriate, disproportionate human agreements establish formal Nonregulatory Provision for Section health or environmental effects, using partnerships between the Bureau of Air 110(a)(2) Infrastructure Requirements practicable and legally permissible and these local agencies to work for the 2010 SO2 NAAQS described in methods, under Executive Order 12898 together to develop and annually update the proposed amendments to 40 CFR (59 FR 7629, February 16, 1994). strategic goals, objectives and strategies part 52 set forth below. EPA has made, The SIP is not approved to apply on for reducing emissions and improving and will continue to make, these any Indian reservation land or in any air quality. documents generally available other area where EPA or an Indian tribe In addition, as previously noted in the electronically through has demonstrated that a tribe has discussion about section 110(a)(2)(J), www.regulations.gov and/or in hard jurisdiction. In those areas of Indian Kansas’ statutes and regulations require copy at the appropriate EPA office (see country, the rule does not have tribal that KDHE consult with local political the ADDRESSES section of this preamble implications and will not impose subdivisions for the purposes of for more information). substantial direct costs on tribal carrying out its air pollution control Under the CAA, the Administrator is governments or preempt tribal law as responsibilities. required to approve a SIP submission specified by Executive Order 13175 (65 Based upon review of the state’s that complies with the provisions of the FR 67249, November 9, 2000). infrastructure SIP submission for the CAA and applicable Federal regulations. Statutory Authority 2010 SO2 NAAQS, and relevant 42 U.S.C. 7410(k); 40 CFR 52.02(a). statutory and regulatory authorities and Thus, in reviewing SIP submissions, The statutory authority for this action provisions referenced in the submission EPA’s role is to approve state choices, is provided by section 110 of the CAA, or referenced in Kansas’ SIP, EPA provided that they meet the criteria of as amended (42 U.S.C. 7410).

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List of Subjects in 40 CFR Part 52 Agency proposes to amend 40 CFR part Subpart R—Kansas Environmental protection, Air 52 as set forth below: pollution control, Incorporation by ■ 2. In § 52.870(e) the table is amended reference, Intergovernmental relations, PART 52—APPROVAL AND by adding entry (40) in numerical order Sulfur Dioxide, Reporting and PROMULGATION OF to read as follows: recordkeeping requirements. IMPLEMENTATION PLANS § 52.870 Identification of plan. Dated: February 24, 2015. ■ 1. The authority citation for part 52 * * * * * Karl Brooks, continues to read as follows: Regional Administrator, Region 7. (e) * * * For the reasons stated in the Authority: 42 U.S.C. 7401 et seq. preamble, the Environmental Protection

EPA-APPROVED KANSAS NONREGULATORY PROVISIONS

Applicable geographic Name of nonregulatory area or Nonattainment State sub- EPA Approval date Explanation SIP provision area mittal date

******* (40) Section 110(a)(2) In- Statewide ...... 3/19/2013 3/6/2015, [Insert Fed- This action addresses the following CAA ele- frastructure Require- eral Register citation]. ments 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), ments for the 2010 (E), (F), (G), (H), (J), (K), (L), and (M). SO2 NAAQS.

[FR Doc. 2015–05328 Filed 3–5–15; 08:45 am] FOR FURTHER INFORMATION CONTACT: Pursuant to §§ 1.415 and 1.419 of the BILLING CODE 6560–50–P Aamer Zain, Office of Engineering and Commission’s rules, 47 CFR 1.415, Technology, (202) 418–2437, email: 1.419, interested parties may file [email protected], TTY (202) 418– comments and reply comments on or 2989. before the dates indicated on the first FEDERAL COMMUNICATIONS page of this document. Comments may ADDRESSES: COMMISSION You may submit comments, be filed using the Commission’s identified by ET Docket No. 15–26, by 47 CFR Parts 1, 2, 15, 90, and 95 Electronic Comment Filing System any of the following methods: (ECFS). See Electronic Filing of D Federal eRulemaking Portal: http:// Documents in Rulemaking Proceedings, [ET Docket Nos. 15–26, 11–90, 10–28, RM– www.regulations.gov. Follow the 11555, RM–11666, and WT Docket No. 11– 63 FR 24121 (1998). instructions for submitting comments. 202; FCC 15–16] D Electronic Filers: Comments may be D Federal Communications filed electronically using the Internet by Operation of Radar Systems in the 76– Commission’s Web site: http:// accessing the ECFS: http:// 81 GHz Band www.fcc.gov/cgb/ecfs/. Follow the fjallfoss.fcc.gov/ecfs2/. instructions for submitting comments. AGENCY: Federal Communications D Paper Filers: Parties who choose to D People with Disabilities: Contact the Commission. file by paper must file an original and FCC to request reasonable ACTION: Proposed rule. one copy of each filing. If more than one accommodations (accessible format docket or rulemaking number appears in documents, sign language interpreters, SUMMARY: In this document, the Federal the caption of this proceeding, filers CART, etc.) by email: [email protected] Communications Commission must submit two additional copies for or phone: 202–418–0530 or TTY: 202– (Commission) proposes to authorize each additional docket or rulemaking 418–0432. radar applications in the 76–81 GHz number. band. The Commission seeks to develop For detailed instructions for submitting Filings can be sent by hand or a flexible and streamlined regulatory comments and additional information messenger delivery, by commercial framework that will encourage efficient, on the rulemaking process, see the overnight courier, or by first-class or innovative uses of the spectrum and to SUPPLEMENTARY INFORMATION section of overnight U.S. Postal Service mail. All allow various services to operate on an this document. filings must be addressed to the interference-protected basis. In doing so, SUPPLEMENTARY INFORMATION: This is a Commission’s Secretary, Office of the it further seeks to adopt service rules summary of the Commission’s Notice of Secretary, Federal Communications that will allow for the deployment of the Proposed Rulemaking and Commission. various radar applications in this band, Reconsideration Order, ET Docket No. D All hand-delivered or messenger- both within and outside the U.S. The 15–26, RM–11555, RM–11666, ET delivered paper filings for the Commission takes this action in Docket Nos. 11–90, 10–28 and WT Commission’s Secretary must be response to a petition for rulemaking Docket No. 11–202; FCC 15–16, adopted delivered to FCC Headquarters at 445 filed by Robert Bosch, LLC (Bosch) and February 3, 2015, and released February 12th St. SW., Room TW–A325, two petitions for reconsideration of the 5, 2015. The full text of this document Washington, DC 20554. The filing hours 2012 Vehicular Radar R&O. is available for inspection and copying are 8:00 a.m. to 7:00 p.m. All hand DATES: Comments must be filed on or during normal business hours in the deliveries must be held together with before April 6, 2015, and reply FCC Reference Center (Room CY–A257), rubber bands or fasteners. Any comments must be filed on or before 445 12th Street SW., Washington, DC envelopes and boxes must be disposed April 20, 2015. 20554. of before entering the building.

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D Commercial overnight mail (other secondary basis. Discussed further are 7. Vehicular radar technology has than U.S. Postal Service Express Mail primary radiolocation services that are continued to evolve, and industry has and Priority Mail) must be sent to 9300 allocated in the 76–77.5 GHz and 78–81 developed more enhanced and cost- East Hampton Drive, Capitol Heights, GHz bands. effective long-range vehicular radars MD 20743. 3. These bands are in the region of the (LRR) in the 76–77 GHz band. D U.S. Postal Service first-class, radiofrequency spectrum known as Developers of these technologies claim Express, and Priority mail must be ‘‘millimeter wave’’ spectrum. At these that the existing 1 gigahertz bandwidth addressed to 445 12th Street SW., frequencies, radio propagation decreases used by LRR is insufficient to develop Washington DC 20554. more rapidly with distance than at high-resolution short-range vehicular People with Disabilities: To request lower frequencies and antennas that can radars (SRR) that can implement safety materials in accessible formats for narrowly focus transmitted energy are features such as collision warning, lane people with disabilities (braille, large practical and of modest size. While the departure warning, lane change print, electronic files, audio format), limited range of such transmissions assistance, blind-spot detection, and send an email to [email protected] or call might be a disadvantage for many pedestrian protection. As background, the Consumer & Governmental Affairs applications, it does allow frequency LRRs have narrow beams with Bureau at 202–418–0530 (voice), 202– reuse within very short distances and bandwidth less than1 gigahertz and 418–0432 (tty). thereby enables a higher concentration typical spatial resolution of 0.5 meters. of transmitters in a geographical area Their range of operation is up to 150 to Summary of Notice of Proposed than is possible at lower frequencies. 250 meters. SRRs on the other hand Rulemaking 4. In recent years, the Commission has have wide beam with bandwidths up to 1. In the Notice of Proposed Rule sought to make frequencies in the 76– 4 gigahertz and typical spatial Making and Reconsideration Order 81 GHz range available for new and resolution of 0.1 meters. Their range of (NPRM), the Commission proposes rules innovative radar applications that can operation is up to 30 meters. that will accommodate the commercial provide important benefits to the public 8. Recently, Bosch filed a petition for development and use of various radar at large. In a series of rulemaking rulemaking to modify § 15.253 of the technologies in the 76–81 GHz band proceedings that date back to 1995, the Commission’s rules to expand the under part 95 of its rules. These Commission has established rules to operation of unlicensed vehicular radar proposals include allocation changes to allow the use of this spectrum by systems from 76–77 GHz to the 76–81 the bands as well as provisions to automotive collision avoidance radar GHz band to develop SRR applications. ensure that new and incumbent applications (‘‘vehicular radars’’) and It claims that the additional 4 gigahertz operations can share the available radar systems that detect foreign object bandwidth will provide SRR with both frequencies in the band. Specifically, debris (FOD) at airport facilities (‘‘FOD frequency separation from LRR and the the Commission seeks comment on the detection radars’’). Vehicular radars are necessary bandwidth for range accuracy, following 76–81 GHz band matters; authorized under part 15 of our rules, angular accuracy, and good object • Expanding radar operations in the while FOD detection radars currently discrimination. 76–81 GHz band; are permitted to operate under parts 15 9. On July 17, 2012, the Commission • Modifying the Table of Frequency and 90 of the Commission’s rules. issued a public notice seeking comment Allocations to provide an allocation for on Bosch’s petition. The petition drew Vehicular Radar the radiolocation service in the 77.5–78 general support from the automotive GHz band; 5. Vehicular radars can determine the industry, opposition from an individual • Authorizing the expanded radar exact distance and relative speed of amateur radio operator and interest from operations on a licensed basis under objects in front of, beside, or behind a two developing non-vehicular radio part 95; car to improve the driver’s ability to applications for the band. Specifically, • Shifting vehicular and other users perceive objects under bad visibility eight parties filed comments and three away from the existing part 15 conditions or objects in blind spots. In parties submitted ex parte written unlicensed operating model; and 1995, the Commission adopted rules to communications. • Evaluating the compatibility of allow the use of the 76–77 GHz band by incumbent operations, including that of vehicular radars on an unlicensed basis. Millimeter Wave Band Radar Operation amateur radio, with radar applications These provisions were limited to at Airports in the 77–81 GHz band. vehicle-mounted radars; fixed 10. The Commission has recognized Collectively, these actions propose a applications were not permitted. the benefits associated with radars that unified approach for providing 6. On May 24, 2011, Toyota Motor can detect FOD at airports. Generally allocation and service rules for the Corporation filed a petition to modify speaking, FOD include any substance, various types of radar applications that the technical rules for vehicular radars debris, or object that can damage aircraft will operate within the 76–81 GHz to allow greater flexibility in vehicular or equipment. FOD can seriously range. radar applications. In response, the threaten the safety of airport personnel Commission issued a Notice of and airline passengers and can have a Background Proposed Rule Making (Vehicular Radar negative impact on airport logistics and 2. The 76–77.5 GHz and 78–81 GHz NPRM) and subsequently issued a operations. According to the Federal bands are allocated to the Radio Report and Order (Vehicular Radar Aviation Administration (FAA), FOD Astronomy service (RAS) and the R&O) modifying the part 15 rules for ‘‘has the potential to damage aircraft Radiolocation service on a primary basis vehicular radars in the 76–77 GHz band. during critical phases of flight, which and to the Amateur and Space research The Commission, inter alia, modified can lead to catastrophic loss of life and (space-to-Earth) services on a secondary the rules to specify average and peak airframe, and at the very least increased basis. The 77.5–78 GHz band is radiated emission limits in equivalent maintenance and operating costs.’’ allocated to the Amateur and Amateur- EIRP and power density units so that Moreover, the direct maintenance costs Satellite services on a primary basis and manufacturers could use either to airlines caused by FOD have been to the Radio astronomy and Space specification to express the emissions estimated to be one to four billion research (space-to-Earth) services on a from their devices. dollars per year. The Commission

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provides for both unlicensed FOD radars. The Commission subsequently 18. Numerous representatives of the detection radar use in the 76–77 GHz issued a Notice of Proposed Rule automotive industry as well as Xsight band under its part 15 rules and Making and Order seeking comment on Systems, Inc., filed to oppose the licensed FOD detection radar use in the the best way to enable the use FOD Honeywell petition. These parties raised 78–81 GHz band under its part 90 rules. detection radars. On July 11, 2013, the procedural arguments—that the issue of 11. Interest in using the millimeter Commission adopted a Report and removing the current prohibition on the wave bands to support FOD detection Order that permitted the certification, use of 76–77 GHz frequency range on radars dates back to February 23, 2009, licensing, and use of FOD detection aircraft or satellite was not properly when Era Systems Corporation (‘‘Era’’) radars in the 78–81 GHz band under our raised in the proceeding and is requested for waiver of §§ 2.803, 15.201 part 90 rules. In that Report and Order, otherwise outside the scope of the and 15.253 of the Commission’s rules. the Commission did not adopt technical decision—as well as claims that there is In response, the Office of Engineering specifications for FOD detection radars, insufficient evidence that both aircraft- and Technology issued a public notice see 78 FR 45072, July 26, 2013. The mounted and vehicular radars can co- seeking comments on Era waiver request Commission addresses this issue herein. exist in the 76–77 GHz band. In and later granted Era a limited waiver to response, Honeywell claims that the Petitions for Reconsideration allow the installation of radar systems at issues it raises are within the scope of Hartsfield-Jackson Atlanta International 15. Our evaluation of the 76–81 GHz the Commission’s rulemaking Airport. band also implicates two outstanding proceeding, that there is no technical 12. Also in a separate proceeding, Era petitions for reconsideration. Both reason why aircraft-mounted radar filed comments asking the Commission petitions were filed in response to the cannot operate in the 76–77 GHz band to amend its part 15 rules to permit Vehicular Radar R&O that modified our while the aircraft is on ground, and that fixed use of 76–77 GHz radars at part 15 rules to permit vehicular radar there is an urgent and recognized public airports for monitoring air traffic and technologies and airport-based fixed interest need for the anti-collision airport service vehicles only. The Office radar applications in the 76–77 GHz benefits its aircraft-mounted radars can of Engineering and Technology (OET) band. provide. decided to treat ERA’s comments as a 16. The first petition concerns the 19. The Commission originally Petition for Rulemaking, and scope of fixed infrastructure adopted rules to allow use of the 76–77 consolidated Era and Vehicular Radar applications in the 76–77 GHz band. In petitions into single rule making GHz band, limited to vehicle-mounted the Vehicular Radar R&O, the proceeding in the 76–77 GHz band. radars. It recognized concerns raised by Commission stated that it continues to During the course of this proceeding, the Committee on Radio Frequencies believe that vehicular radars should be Xsight Systems Ltd. (Xsight) filed ex (CORF) of the National Academies about parte comments in support of Era and able to share the band with fixed radars potential interference to radio asked the Commission to allow operating at the same levels and noted astronomy operations, and prohibited operation of FOD detection radars in the that there were no conclusive test the use of 76–77 GHz unlicensed 76–77 GHz band at airport locations results indicating that there would be devices aboard aircraft and satellites as only. incompatibility issues between the two a way to protect the radio astronomy 13. Subsequently, as part of the types of radars. It nevertheless declined services. Any change to the restriction Vehicular Radar NPRM, the to adopt provisions for unlicensed fixed on the use of 76–77 GHz unlicensed Commission examined the use of fixed radar operations outside of airport devices aboard aircraft and satellites radar systems in the 76–77 GHz band locations in the 76–77 GHz band, stating was neither part of the Vehicular Radar and proposed to allow such use at any that no parties had come forward to NPRM nor of the subsequent Vehicular location, rather than restrict their use to establish a clear demand for fixed radar Radar R&O. applications beyond such locations. only airport locations per the Era Radio Astronomy Service petition for rulemaking. The Navtech Radar (Navtech) asks that the Commission stated that limiting fixed Commission reconsider this decision. 20. The radio astronomy service is a radar operations to specific locations Navtech claims that evidence suggests passive service that receives radio such as airports might be overly the band can be more broadly shared waves of cosmic origin to better restrictive and could unnecessarily between vehicular and fixed radars, and understand our universe. Astronomical burden the public. In the subsequent that there is demand for new fixed radar research above 50 GHz is particularly Vehicular Radar R&O, the Commission applications that are not permitted well suited for studies of star formation, permitted unlicensed operation of fixed under the current rules. Numerous the properties of the interstellar radars, including FOD detection radars, parties, including representatives of the medium, the chemical evolution of the in the 76–77 GHz band at airport automotive industry, oppose the Universe, detection of extra-solar locations. It permitted such operation Navtech petition on both substantive planets and many other phenomena. on an unlicensed basis under the same and procedural grounds. In a RAS has a mix of primary and part 15 rules and with the same subsequent ex parte presentation, secondary allocations that span the 76– emission limits that it applied to Navtech reiterated its claims. 81 GHz band. RAS installations are vehicular radars in the band. 17. Second, Honeywell International, remotely located to provide interference 14. Licensed FOD detection radar can Inc. (Honeywell) asks that the protection from active services. The be traced to an August 10, 2010, petition Commission clarify that § 15.253(a) of Commission previously concluded that for Rulemaking in which Trex its rules does not prohibit the operation there is very negligible risk of potential Enterprises Corporation (Trex) asked us of 76–77 GHz band radar devices interference to RAS equipment from to amend part 90 of the Commission’sr located on aircraft while the aircraft are vehicular radars in the 76–77 GHz band. rules to permit FOD detection radars to on the ground. Honeywell envisions The Commission also concluded that operate in the 78–81 GHz band and to that its radar application will help unlicensed FOD detection equipment impose service rules that require each aircraft avoid collisions with other would not cause harmful interference to airport location to be individually aircraft, stationary objects, and service RAS equipment as both applications licensed to operate FOD detection vehicles. only operate fixed stations, are limited

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in number and are not located in close vehicular radars, radio astronomy, FOD not achievable between the LRR systems proximity. detection radars, level probing radars that are currently deployed in the 76– and amateur applications, and that this 77 GHz band and new high-resolution Amateur frequency band could host other SRR applications, due to foreseeable 21. In addition to the above services, additional applications in the future. saturating interference from LRRs into the Commission also allows amateur The following discussion addresses the SRRs (but not vice-versa). Bosch claims radio use within the 76–81 GHz band. compatibility issues among services and that in such a co-channel environment, Generally speaking, amateur operators proposes rules to authorize vehicular the SRRs would be jammed due to the use radio spectrum for private radars, FOD detection radars, fixed lack of frequency separation. Bosch recreation, non-commercial exchange of infrastructure radars and aircraft- further notes that the 76–77 GHz band messages, wireless experimentation, mounted radars in the 76–81 GHz band. has already been designated for self-training, and emergency As with other spectrum users, the vehicular and infrastructure radar communication purposes. The amateur Commission seeks to promote the systems in the United States pursuant to radio community previously stated that efficient use of these resources by radar § 15.253, and in Europe pursuant to ECC the frequencies in the 76–81 GHz range applications. Decision ECC/DEC/(02)01 on Road (which it identifies as the ‘‘4 mm band’’) Transport and Traffic Telematic (RTTT) Vehicular Radar are well suited for experiments relating systems, and is used for such LRR to short-range high-speed data 24. The Commission recognizes that applications as Adaptive Cruise Control communication. The Commission has the usage of vehicular radar applications (ACC) systems, with a maximum previously considered compatibility has continued to grow and evolve since bandwidth of 1 gigahertz. For these issues for amateur operations with the Commission issued the Vehicular reasons, it asserts that a common band vehicular radar and FOD detection radar Radar R&O, and that providing between the two systems is not feasible, operations. In light of concerns about expanded access to the 76–81 GHz band and that the Commission should interference between amateur could help those applications deliver identify alternate spectrum for SRR use. operations and vehicular radars, the important public benefits. Therefore, the 27. Bosch identifies a 4 gigahertz- Commission imposed (and, more Commission has set forth, a compressive wide band in the 77–81 GHz range for recently, maintained) a suspension of approach for authorizing vehicular SRR applications. Other automotive the amateur-satellite service allocation radars in the 76–81 GHz band while interests support Bosch’s request. They in the 76–77 GHz band. maintaining a view to ensuring an argue that the existing LRR systems efficient use of spectrum by radar Level Probing Radar must be supplemented by a wider applications. bandwidth segment of up to 4 gigahertz 22. An additional permitted operation 25. The Commission’s proposals are for SRRs to perform effectively. They in the 77–81 GHz band is that of level informed in large part by the Bosch contend that greater bandwidth leads to probing radars (LPRs) which operate on petition, which was filed on behalf of better range separation and object an unlicensed basis under part 15. LPRs the ‘‘79 GHz Project’’—an industry- discrimination that enables SRRs to are used to measure the amount of backed group that seeks to make the 77– implement functions such as various materials contained in storage 81 GHz frequency range available for pedestrian/automotive collision tanks or vessels or to measure water or short-range automotive radar systems on avoidance, side impact warning, and other material levels in outdoor a worldwide basis. In its petition, Bosch roadwork avoidance. Trex, however, locations. They are typically mounted describes the development of short- urges the Commission to examine inside storage tanks or on bridges or on range radar (SRR) applications that are closely the need for 4 GHz of bandwidth other elevated structures in outdoor used for both active and passive for automotive radars in the context of locations, and emit radio frequency (RF) automotive safety applications. ensuing efficient and flexible use of our signals through an antenna aimed According to Bosch, SRR active safety spectrum resources, and asks that in downwards to the surface of the applications include ‘‘stop and follow,’’ addressing Bosch’s request, the substance to be measured. The ‘‘stop and go,’’ autonomous braking, Commission also ensure that any rules Commission recently concluded that firing of restraint systems and that it adopts do not unreasonably LPR devices would be able to co-exist pedestrian protection. Passive safety restrict additional, valuable uses of the successfully with vehicular radars. It applications include obstacle and band. The Commission seeks comment based its conclusion on the nature of pedestrian avoidance, collision warning, on how the FCC can accommodate SRR LPR equipment, which is installed in a lane departure warning, lane change applications while ensuring efficient downward-looking position at fixed aids, blind spot detection, parking aids and flexible use of spectrum by radar locations, and because the main-beam and airbag arming. Collectively, applications. emission limits have been carefully collision-warning systems, vehicle 28. The Commission finds merit in calculated to avoid harmful interference environmental sensing systems, and Bosch’s request, and proposes to grant to other radio services. other SRR applications are referred to as SRR applications access to additional a ‘‘safety belt’’ for vehicles. As a spectrum apart and distinct from the Notice of Proposed Rulemaking practical matter, these applications offer spectrum currently used for LRR. In 23. The Commission undertakes this new and tangible ways to enhance the particular, the Commission proposes to proceeding to expand the available safety of the Nation’s drivers, and to provide up to 4 gigahertz of bandwidth spectrum for radar operations in the 76– meet important automotive safety for SRRs so that these radars can gather 81 GHz band. Specifically, it proposes objectives. information about objects with a to add rules for radars in the 76–81 GHz 26. The Commission proposes to sufficient resolution. Moreover, the band as licensed services under part 95 make additional spectrum available for extensive catalogue of enhanced of our rules. In doing so, the vehicular radars to accommodate the features supported by SRR and the Commission recognizes that the new SRR applications. As an initial expectation that their deployment will millimeter wave bands support matter, Bosch contends that sharing become more widespread suggests that numerous beneficial services and studies conducted by the automotive the public interest would be served by incumbent operations, including industry have concluded that sharing is providing SRR with expanded access to

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the 77–81 GHz band. Given that the LRR the 24 GHz band, encouraged us to used to reduce interference to radio applications use a narrower bandwidth continue to monitor technology observatories? The Commission invites than that used by SRR applications, the advancements in the 77–81 GHz range interested parties to comment on the SRR applications will have a lower and committed to ‘‘work with the potential for such interference. In transmit power density level than that Commission to ensure that an adequate particular, it invites interested parties for LRR applications and therefore will frequency allocation in the 77–81 GHz who believe that the NSF study does not have low likelihood for causing any band is available for the operation of accurately describe the potential for potential interference. The Commission vehicular radar systems.’’ such interference to submit evidence in seek comment on these observations. 31. The Commission believes that the record sufficient to support their 29. The Commission also believes that new proposed radar operations will be arguments. The Commission also seeks the spectrum identified by Bosch—the compatible with incumbent operations comment on whether the potential for 77–81 GHz band—is a good fit for in the 76–81 GHz band. As a general interference resulting from vehicular vehicular radar. At these millimeter matter, the same technical principles radars in the 76–77 GHz band is likely wave frequencies, radio propagation that already allow successful shared to be similar to or different from the losses increase more rapidly with operation in the 76–77 GHz band should potential for such interference in the distance than at lower frequencies and apply in the larger 76–81 GHz range. entire 76–81 GHz band. Finally, the antennas that can narrowly focus 32. In the Vehicular Radar R&O, the Commission seeks comment on whether transmitted energy are practical and of Commission has already established the mitigation factors identified in the modest size. While the limited range of that vehicular radars and RAS are study should be implemented for such transmissions might appear to be compatible in the 76–77 GHz band. In vehicular radars. a major disadvantage for many that proceeding, it noted that the 33. The Commission also believes that applications, it does allow the reuse of National Science Foundation (NSF) vehicular radar use in the expanded frequencies within very short distances sponsored a study documenting frequency range of 77–81 GHz will be and, thereby enables a higher measurements performed jointly by compatible with FOD detection radars concentration of transmitters to be representatives from the radio and LPR devices in that range. Although located in a geographic area than is astronomy community and several the Commission discusses proposals to possible at lower frequencies. This vehicular radar manufacturers in which expand the use of FOD detection radars characteristic makes the band especially vehicular radar emissions were in detail, it tentatively concludes here desirable as vehicular radars become measured in the 77–80 GHz range. Tests the same principles that informed our more common throughout the performed in the study with stationary conclusion in the Vehicular Radar R&O transportation ecosystem. Moreover, short range vehicular radar systems, that these uses are compatible in the 76– these frequencies are adjacent to the 76– positioned at distances of 1.7 km and 77 GHz band also apply in the 77–81 77 GHz band, which has already proven 26.9 km from the University of GHz band. The Commission believes to be well suited for LRR applications. Arizona’s 12 Meter millimeter wave that the limited geographic usage of Because manufacturers can adapt telescope, demonstrated that these FOD detection radars (i.e. at airports and equipment already designed to operate radars could have a significant impact not illuminating public roadways) along in the 76–77 GHz band, they will enjoy upon radio astronomy observations in with the propagation characteristics of the benefits of expanded radar use at a the 77 to 81 GHz region. The Joint Study the millimeter wave band yields lower cost than if they had to design concludes that a zone of avoidance of negligible risk of interference potential equipment for a different non-adjacent about 30 to 40 km around a mm-wave between vehicular and FOD detection band. observatory would be needed, in order radars. In the expanded 76–81 GHz 30. As Bosch notes in its petition, to keep interference from a single frequency range, the Commission permitting vehicular radars throughout vehicle below the threshold defined in similarly believes that LPR devices will the 76–81 GHz band can also support ITU–R RA.769–2. It further concludes be able to continue to co-exist with industry efforts to consolidate vehicular that smaller zones of avoidance might vehicular radars. LPR equipment is radar into an internationally suffice in areas without direct line of installed in a downward-looking harmonized frequency band. Materials sight to the radio telescope and/or by position at fixed locations and the main- prepared by the 79 GHz project indicate taking mitigation factors into account. beam emission limits have been that the 77–81 GHz band is already The study acknowledged that mitigation carefully calculated to avoid receiving available for SRR applications in many factors, such as terrain shielding, or causing harmful interference to other parts of the world, including Europe, orientation of the vehicular radar radio services. The Commission seeks Australia, Russia, and Chile, and is in transmitter antenna with respect to the comment on these observations and progress in many others. Bosch and observatory, or attenuation of the tentative conclusions. Continental further note that the 2015 vehicular radar transmitter if mounted 34. In its petition, Bosch states that it World Radio Communication behind the vehicle bumper, were not expects no interference issues between Conference is expected to adopt an taken into account and would tend to Amateur Radio operation and vehicular allocation to support the operation of reduce the distance at which radar operations at 77–81 GHz. It notes vehicular radars in the 76–81 GHz range interference could occur. Commenters that it is unconvinced after several on a worldwide basis. In response to the offered mixed views on the interference meetings with the technical staff of Bosch petition, several commenters issue; however, none offered specific ARRL that there is any ‘‘significant contend that global spectrum reasons to refute the conclusions in the incompatibility’’ and describes how harmonization of LRRs at 76–77 GHz study. The Commission therefore seeks amateur operations in the band ‘‘tend to and SRRs at 78–81 GHz will reduce comment on the conclusions of the be largely experimental, occurring in prices and will encourage deployment study and how the results of the study geographic areas such as mountaintops of automotive radars in lower-cost would impact a proposal to adopt and other rural areas where motor vehicles. Lastly, the National technical requirements for the entire vehicle operation is not typical.’’ Telecommunications and Information 76–81 GHz band similar to the existing However, the Commission has Administration (NTIA), in prior matters vehicular radars operating in 76–77 GHz previously recognized evidence of regarding vehicular radars operating in band. How can mitigation factors be potential interference conflicts between

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the amateur-satellite service and modifying only the existing part 15 81 GHz band, and to likewise adopt vehicular radar systems in the 76–77 rules to support vehicular radar technical specifications that mirror GHz band. Given that similar applications, it does not anticipate any those currently provided under the propagation characteristics exist opposition from Bosch for a licensing Commission’s part 15 rules for the throughout the millimeter wave band approach under the part 95 rules. newly expanded radar band. The frequencies, there appears to be the Finally, in light of these considerations Commission does not propose to potential for similar compatibility issues and the ongoing work to adopt an distinguish between SRR and LRR to exist between the amateur-satellite international allocation to support the operations in our rules, but instead rely service and vehicular radar systems operation of vehicular radars in the 76– on the market to determine the above 77 GHz. The Commission seeks to 81 GHz range on a worldwide basis, the appropriate portions of the 76–81 GHz expand its record on the compatibility Commission seeks comment on band for particular types of vehicular between amateur and vehicular radar licensing by rule, pursuant to part 95, radar applications. As noted in the services. In particular, are there any the proposed 77–81 GHz vehicular radar Bosch petition, as well as the related mitigation strategies for compatibility services the Commission proposed and comment record, it already appears that between the two services? Are there any on migrating existing 76–77 GHz there is widespread industry consensus additional interference or compatibility vehicular radar services to part 95 of the on locating new SRR applications above studies that may exist on the subject? s rules. In particular, the Commission 77 GHz. The Commission seeks The goal is to adopt rules that address seeks comment on any benefits or comment on the applicability of these amateur use, including amateur satellite drawbacks such an approach would rules for both SRR and LRR across the use, within the 76–81 GHz band in a provide and whether it would be 76–81 GHz band. Commenters that comprehensive and consistent manner. appropriate to continue to authorize advocate different rules should provide 35. In its proposal, Bosch suggests vehicular radars on an unlicensed basis. detailed technical analyses showing that the Commission support SRR in the 37. The Commission’s Personal Radio how their preferred rules will provide 77–81 GHz band by modifying our Services rules, codified in part 95, for both SRR and LRR in the band as existing part 15 rules. Because the provide for a variety of personal well as minimize any potential harmful existing vehicular radars are governed communications, radio signaling, and interference with other services. In under our rules for unlicensed devices, business communications. In addition, addition, the Commission seeks they may not cause interference to many of these services are licensed by comment on our proposal not to specify licensed services, and must accept rule—that is, a user is not required to specific portions of the band for SRR interference from both licensed and obtain an individual license document and LRR, but instead to rely on the unlicensed users. For reasons discussed and is instead authorized to operate so market and the standards process to in more detail below, this regulatory long as it does so in accordance with the determine the best use of the available structure may not be the most applicable service rules. Radio services bandwidth. The Commission is appropriate fit. Nevertheless, the licensed in this manner—such as the proposing to upgrade the allocation Commission seeks comment on the Family Radio Service and the Wireless status of the radiolocation service in the proposal. Medical Telemetry Service—are 77.5–78 GHz band. Currently the radio 36. The Commission is proposing an typically designed to support a astronomy and space research (space-to- approach by which it would establish particular type of application (e.g. voice Earth) services are allocated on a vehicular radars as a service licensed by communication or telemetry), and its secondary basis in the 77.5–78 GHz rule within part 95 of its rules under a users must cooperatively share use of band. Should the radio astronomy and radiolocation allocation, but also seek the spectrum. The Commission believes space research services also be upgraded comment on other options, including such an arrangement is a good match for to a primary allocation status in the authorizing an expansion of vehicular vehicular radars—especially because it 77.5–78 GHz band? radars under the current part 15 model. would likely be impractical to 39. To support the expanded The Commission’s approach in individually license users (e.g. each frequency range for vehicular radar use, proposing to migrate vehicular radar vehicle owner or driver) and because the Commission proposes to allocate the services from part 15 to part 95 of its the nature of the millimeter wave band 77.5–78 GHz band segment to the rules is based on several factors. A makes it possible for LRR and SSR radiolocation service on a co-primary licensed approach would make the 76– vehicular radars to share use of the basis for Federal and non-Federal use. 81 GHz vehicular radar services band. Accordingly, the Commission This would result in a co-primary consistent with other transportation- proposes to modify part 95 of our rules allocation throughout the entire 77–81 related services currently operating to incorporate the range of frequencies GHz band. The Commission seeks under parts 90 and 95 of the rules—in available to vehicular radars under a comment on this allocation proposal. particular, the 5.9 GHz Dedicated Short- new 76–81 GHz Band Radar Service. In 40. Alternatively, the Commission range Communication (DSRC) services, addition, by making vehicular radars seeks comment on whether vehicular a Department of Transportation authorized as a licensed service, the radars should continue to operate as initiative to integrate communication Commission would also promote greater unlicensed devices under the part 15 and information technology to advance regulatory parity with other radar rules. And, if so, whether FOD detection transportation systems. Additionally, applications, including the FOD devices and other radar applications Bosch, in its petition, states that SRRs detection radars and other types of should be authorized in a consistent in the 79 GHz band ‘‘require a certain radars that it discusses in detail in the manner. Given anticipated extensive use (albeit low) degree of interference following text, in the band. The of this spectrum, would band sharing protection in order to function Commission seeks comment on this under an unlicensed approach without adequately.’’ A unified licensed proposal. any assurance of protection from approach for all vehicular radars under 38. Under the proposed rules, the harmful interference under the rules? our part 95 rules can offer a level of Commission would adopt the same What would be the relative benefits and interference protection that the part 15 emission limits as those defined in its disadvantages of unlicensed operation rules cannot provide. While the rules for unlicensed vehicular radars in compared with the license-by-rule Commission notes that Bosch proposes the 76–77 GHz band for the entire 76– approach under part 95 or with the

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individual station licensing under part of those rules that relate to vehicular and the very high path losses in this 90? The Commission seeks comment on radars in those bands? region of the spectrum, should mitigate our proposals and these alternatives. any potential interference. The location FOD Detection Radar 41. Lastly, the Commission proposes of FOD detection radars should prevent to consolidate future vehicular radar use 43. As previously mentioned, FOD at them from illuminating public roads, into the new 76–81 GHz band as part of airports includes any substance, debris, and should further reduce any our effort to ensure spectrally efficient or object in a location that can damage likelihood of interference to vehicular use of resources. Currently, vehicular aircraft or equipment. FOD detection radars while enabling airports to radars may operate on an unlicensed radars currently operate under part 15 improve debris detection on the basis in the 16.2–17.7 GHz, 23.12–29.0 and under part 90 of the Commission’s runways. GHz, 46.7–46.9 GHz, and 76–77 GHz rules in the frequency bands 76–77 GHz 46. Our proposal would result in all bands. Continental, in its comments (unlicensed) and 78–81 GHz (licensed) radar applications operating in the 76– supporting the Bosch petition, notes respectively. However, the Commission 81 GHz range—including vehicular that the use of the 24 GHz band for only recently authorized and not yet radars and mobile and fixed radars used vehicular radars is being phased out in established technical rules for licensed at airport only for FOD detection and for Europe and that ‘‘the effect of the FOD detection radar operation under monitoring aircraft and airport service cessation of the use of that band in part 90. vehicles—being governed by a single Europe will strongly affect availability 44. The Commission proposes to new subpart in part 95. This approach of 24 GHz radars in the United States in consolidate the FOD detection radar will promote spectrum efficiency and the near term.’’ In addition, the operations in the 76–81 GHz band under maximize the shared use of our Commission’s records indicate no part 95 on a non-exclusive licensed spectrum resource, while also providing certifications in the 16.2–17.7 GHz and basis. Also, with the introduction of a comprehensive and consistent set of 46.7–46.9 GHz bands, and only three specific technical requirements for these rules and policies to govern each of the certifications in the 23.12–29 GHz band. applications, the burden to facilitate different types of radar applications. In This record suggests that there is little coordination for these applications will the case of FOD detection radars, it or no use of vehicular radars outside the be reduced. This proposal will afford an reduces the application and licensing 24 GHz and 76–77 GHz bands. additional one gigahertz of spectrum burdens that will be associated with 42. The Commission proposes to (77–78 GHz), for these important operation in the 78–81 GHz band under grandfather, for the life of the applications. By providing a contiguous the part 90 model, and it offers the equipment, vehicular radars that are band of spectrum for FOD detection simplicity of operation under a singular already installed or in use in the 22–29 radars, the Commission can foster the licensing model. Also, the limited GHz band range. It may be financially development of technologically geographic use area and limited number burdensome and logistically difficult for improved and cost-effective safety of FOD detection radars alleviates any automobile owners to upgrade existing measures that will benefit both airport burdens associated with the sharing of equipment; alternately, discontinuing personnel and the general public. The spectrum. Thus, the Commission the use of these radars would mean that 76–81 GHz band is well suited for FOD believes that the benefits in the unified drivers might not be able to repair detection radar functions, including licensing of FOD detection radars under existing equipment or might have to real-time monitoring of the position and part 95 outweigh any burdens. The forego useful safety features. The shape of the foreign objects debris on Commission seeks comment on these Commission intends to prohibit the the runways and taxiways. proposals. certification of new vehicular radars 45. As an initial matter, the 47. The Commission proposes to that do not operate in the 76–81 GHz Commission believes that the rationale grandfather, for the life of the range, effective 30 days from the date of for concluding that increased vehicular equipment, FOD detection radars that publication of our final rules in the radar operations can be expanded are already installed or in use in the 76– Federal Register. However, the throughout the 76–81 GHz band and 81 GHz band range. The Commission Commission also believes that the such operations can co-exist with FOD intends to prohibit the certification of ultimate transition of SRR applications detection radars is broadly applicable. new FOD detection radars, operating in from 22–29 GHz band to 77–81 GHz is In other words, there is good reason to the 76–81 GHz range, under part 90 of best driven by the marketplace. If not, conclude that, if vehicular radars can our Rules effective April 6, 2015. The the Commission seeks comment as to co-exist with FOD detection radars in Commission seeks comment on its how should the life cycle of SRRs 76–77 GHz band, then both vehicular proposals. operating in the 22–29 GHz band be radars and FOD detection radars Fixed Radar taken into account in facilitating the operating under the part 95 rules will be transition of these radars to the 77–81 able to operate successfully throughout 48. The Commission proposes to GHz band. The Commission also seeks the 76–81 GHz band. Furthermore, the adopt rules that would permit fixed comment on what appropriate methods Commission believes that our proposal radar infrastructure applications as of making a determination should be will not increase the interference discussed below. Fixed infrastructure considered to set forth reasonable potential to any other authorized radars can detect locations of stopped periods of time required for market services operating in the band. The vehicles or pedestrians on roads, place to make the 77–81 GHz band SRR services that the Commission proposes provide obstacle detection capability for readily available. To implement its to reallocate to the 76–81 GHz band industrial machinery including port proposal, the Commission intends to typically employ highly directional cranes, mining trucks and locomotives, modify Sections 15.37, 15.252, 15.253, antennas both to detect vehicles or and provide security monitoring for and 15.515, as shown in the attached objects in a particular area and to government and public infrastructures. rules appendix. In addition, given that compensate for the relatively high As previously mentioned, Navtech filed there appears to be no equipment propagation losses over short distances a petition for partial reconsideration certified to operate in the 16.2–17.7 GHz at these frequencies. The narrow beams asking the Commission to reconsider its and 46.7–46.9 GHz bands, should the utilized by the FOD detection radars, decision that limited the use of fixed Commission instead delete the portions the geographic location of operations, infrastructure radars in the 76–77 GHz

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band to airports only. The Commission’s those observations continue to be approaches for accommodating fixed proposal largely tracks the issues sound. At that time, the Commission radars. Such approaches could include Navtech raised in its petition. noted that there were also no existing permitting fixed infrastructure radars to 49. In the Vehicular Radar NPRM, the reports or studies that indicated operate in a different one gigahertz Commission stated that the proposal to incompatibility between the two types frequency range between 77–81 GHz limit fixed radar operations to specific of radars. The Commission is unaware band, or allowing them in the entire 76– locations such as airports or other of any report or study that indicates 81 GHz band but with limited places where fixed radars would not incompatibility between the two types bandwidth usage of 1 gigahertz or less illuminate public roads may be overly of radars, but the it recognizes that the for any given operation. Our goal here restrictive and could cause unnecessary record on this matter may still be is to seek efficient use of the spectrum, burdens to the public if implemented. evolving. The limited record that is harmonize global use of the spectrum, The Commission stated that fixed radars available on this subject does not have and facilitate development of operating at the same maximum power the support of all interested parties in technologies that serve public interest levels as vehicular-mounted radars the matter. In the most recent comments and convenience. would be even less likely to interfere received by the Commission in response Aircraft-Mounted Radar with the RAS and Radiolocation to fixed infrastructure radars, the services than vehicle-mounted radars automotive industry opposes the use of 54. The Commission also seeks because the locations where they are these radars citing interference with comment on expanding the use of radar used would not change. The vehicular radars. The automotive in the 76–77 GHz band to provide for Commission stated that fixed radars industry cites an ongoing study known aircraft-mounted radars used only on should be able to co-exist with vehicular as MOSARIM (More Safety for All by the ground. This application, also radars because they both operate with Radar Interference Mitigation), which referred to by Honeywell as ‘‘wingtip the same power level and use antennas suggested that vehicular radars and radar,’’ is used while aircraft are on the with narrow beam-widths, thus fixed infrastructure radars are ground to prevent and or mitigate the reducing the chances that the signal incompatible due to the interference severity of aircraft wing collisions while from one radar would be within the issues. Navtech, on the other hand, planes are moving between gates and main lobe of the receive antenna of the refutes the study and asserts that it was runways. This matter tracks the issues other. In a worst-case scenario, where unfairly designed to favor the Honeywell first raised in its petition for two radars are aiming directly at each automotive industry. The Commission reconsideration in ET Docket No. 10–28. other, fixed radar should have no more continues to believe that shared use by 55. The Commission believes that impact on vehicular radar then that by vehicular radars and fixed radars best wingtip radar technologies can provide another radar located on a stationary promotes the public interest. important public benefits. Aircraft vehicle. The Commission continues to 52. The Commission seeks to update wingtip collisions, which account for believe this is the case. the record and is especially interested in approximately 25 percent of all aircraft 50. The Commission’s decision in the whether there are interference studies or ground accidents, involve substantial Vehicular Radar R&O to restrict the use reports indicating compatibility or lack costs, both in terms of repairs to aircraft of fixed infrastructure radar operation to thereof between vehicular and fixed and ground facilities and in lost time for airports was based on the fact that no radars in the 76–77 GHz band. As passengers due to flight delays and parties had come forward to establish a mentioned before, the Commission cancellations. Honeywell asserts that clear demand for fixed radar continues to believe that where two mitigating the risk of wingtip collisions applications beyond airport locations in radars are aiming directly at each other, can reduce these costs and improve the band and there were no conclusive fixed radar should have no more impact safety for both aviation personnel and data indicating that there would be on a vehicular radar then that from a the travelling public. The use of wingtip compatibility between the vehicular and radar located on a stationary vehicle. radar also appears to support National fixed radar types. The Commission The Commission seeks comment on its Transportation Safety Board (NTSB) observes that Navtech’s petition for conclusion and is particularly interested safety recommendations regarding the partial reconsideration demonstrates in the arguments as to why or why not use of anti-collision aids on aircraft. that that there is demand for fixed a fixed radar would be more interfering 56. The Commission seeks to develop infrastructure radars beyond airport than a vehicular radar located on a a full record on the compatibility of locations. In its petition, Navtech stopped vehicle. aircraft-mounted radar used only on the describes current and future 53. While the Commission seeks ground with the other applications in applications of fixed infrastructure broad comment on allowing the fixed the 76–81 GHz band. At the time, radars. Examples of such current use infrastructure radar use within the 76– Honeywell filed its petition, many includes monitoring tunnels or bridges 81 GHz range, it also asks commenters automotive radar supporters expressed for stopped vehicles, providing collision to address whether fixed infrastructure concern about the potential for warning system for ship-to-shore cranes, radars should be limited to the 76–77 interference. However, because the and providing train detection for GHz band. Because fixed infrastructure Commission expects that wingtip radars automatic control functions. Moreover, radars are intended to detect obstacles will be used in the same locations as in April 2014, Mantissa Ltd. stated that that are relatively large (e.g. pedestrians, FOD detection radars (that is, on airport it supported further proceedings vehicles, ships), a bandwidth of 1 property and, in the case of aircraft- consistent with the Navtech petition gigahertz or less would appear to be mounted radars, only during taxi and because it is interested in deploying sufficient for these fixed radars to other ground activities), and because the fixed radar technologies in the United identify the type and presence of such Commission has already tentatively States for security applications. obstacles. For these reasons, the concluded that FOD detection radars 51. In the Vehicular Radar R&O, the Commission is proposing to limit and automotive radars can successfully Commission stated that it continued to available bandwidth for fixed radars to co-exist, it also tentatively concludes believe that vehicular radars should be 1 gigahertz and restricting operation to that aircraft-mounted radars should able to share the band with fixed radars the 76–77 GHz band. Alternatively, the likewise be compatible with vehicular operating at the same level and thinks Commission seeks comment on other radars.

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57. As an initial matter, the 59. While the Commission seeks the 76–81 GHz band? Alternately, Commission notes that there are broad comment on allowing wingtip would it be possible to lift our functional differences between the FOD radar use within the 76–81 GHz range, suspension of the amateur service and detection radar and wingtip radar it notes that the wingtip radar may only conduct both amateur and vehicular applications that may promote require bandwidth of one gigahertz or radar operations in the entire 76–81 compatibility between the two less to detect obstacles in its path. For GHz band? The Commission tentatively operations: wingtip radars can be useful this reason, the Commission proposes to concludes that there is no apparent during times of aircraft movement, such allow wingtip radars to operate with a technical reason to treat the 76–77 GHz as taxiing between runways and ramp bandwidth of 1 gigahertz in the 76–77 and the 77–81 GHz bands differently. areas and while being pushed out of GHz band. Alternatively, and similar to Commenters who believe that the gates, while FOD detection appear to the fixed radar proposals discussed Commission should continue to have high value in runway above, the Commission seeks comment distinguish between the two bands environments and before takeoff and on other ways the it could accommodate should explain the reasons for doing so. landing. Therefore, it may be possible to wingtip radars. Such approaches could The Commission also seeks comment on create time and space separation include permitting wingtip radars to whether there are other approaches that between the FOD detection radar and operate in a different one gigahertz would achieve compatibility between wingtip radar application uses to reduce frequency range between 77–81 GHz the amateur and radiolocation services the potential for interference. In band, or allowing them in the entire 76– within the 76–81 GHz band that the addition, the nature of the millimeter 81 GHz band but with limited Commission has not discussed above. wave bands, as the Commission bandwidth usage of one Gigahertz or 62. Bosch, in its petition, states that discussed supra, allows for extensive less over any portion of the band. Our it ‘‘is unconvinced, after several frequency reuse and can accommodate overall objective is to promote efficient meetings with technical staff of ARRL, many discrete users. In response to use of the spectrum and facilitate the national association for Amateur Honeywell’s petition, Xsight Systems— development of technologies that will Radio, that there is any significant a manufacturer of FOD detection improve airport operations and provide incompatibility between Amateur Radio products—stated that it was ‘‘in the important benefits to both airport and SRR operation at 79 GHz.’’ It says process of setting up a meeting with personnel and the general public. the nature of amateur use of this Honeywell to . . . investigate whether a Amateur Radio Use spectrum—largely experimental and potential for interference exists between 60. In conjunction with our efforts to occurring on mountaintops and Xsight’s system and equipment that develop a comprehensive policy for use locations where motor vehicle operation would operate under Honeywell’s of the 76–81 GHz band, the Commission is not typical—will provide sufficient proposal.’’ The Commission seeks seeks comment on how it should geographic separation to prevent further information about the results of structure future amateur 4 mm band interference from amateur users to new such discussions, as well as updated use. As background, the Commission vehicular radar operations above 77 information about the status of wingtip decided to temporarily restrict amateur GHz. However, Bosch also notes that radar product development. station access to the 76–77 GHz band in European regulators previously 58. The Commission also seeks 1998 to ensure against potential determined ‘‘that the use of SRR within comment on whether it would be interference to what were then newly the band 77–81 may be incompatible feasible to employ an automatic shut-off developing vehicular radar systems. The with the Radio Amateur Service,’’ but mechanism for wingtip radars that Commission observed that amateur also concluded that amateur users could would prevent radar operation any time station transmissions in the 76–77 GHz be accommodated in the 75.5–76 GHz the aircraft is not on the ground. Are were not significant at the time, band (which is not currently available there existing aircraft components (such reasoned that its action would not have in the U.S.). The Commission seeks as altimeters) that could be used in an immediate impact on amateur comment on these points. Additionally, conjunction with such a system, and if operators, and stated that it planned to to help better inform its decision, the so, how easily could wingtip radar be revisit the issue later. In 2004, the Commission seeks to develop a record integrated with such devices? Could Commission extended the amateur- on the types of amateur use, and the such an automated system be easily satellite allocation suspension, citing extent of such use, that is currently deployable on all types of aircraft (e.g. interference issues and suggesting that it undertaken in the amateur 4 mm band. commercial and personal)? The would be useful to consider the 63. To the extent that commenters Commission tentatively concludes that development of technical sharing believe that amateur operators can it should adopt such an automatic shut- criteria for the band. Bosch, in its continue to use the millimeter band, the off mechanism, if such a mechanism is petition, does not seek to alter the Commission seeks comment on what feasible, to protect the radio astronomy current 76–77 GHz arrangement. additional rule modifications it would service from harmful interference that 61. Based on our proposals for new have to adopt to realize successful could be caused by inadvertent vehicular and other radars in the 77–81 shared use of the entire band. For operation of a wingtip radar system GHz band, the Commission proposes to example, our existing service rules while an aircraft is in flight. For this adopt a comprehensive approach for would permit amateur operators to reason, the Commission proposes to amateur radio use on these frequencies. transmit with significantly higher power distinguish wingtip radars from Given the continuing lack of technical than other proposed operations. Would vehicular radars in our rules, as aircraft sharing criteria or any other evidence of adopting the same emission limits for should not be considered as vehicles for compatibility, should the Commission amateur operations as the Commission purposes of radar use in the 76–81 GHz extend the 76–77 GHz amateur proposed for other services in this band band. Finally, the Commission seeks suspension to the entire 76–81 GHz reduce the potential for mutual comment on any compatibility issues band? If so, should the Commission interference? Are there any additional with respect to other existing and modify the current amateur suspension conforming edits to the part 97 amateur proposed radar uses in the band, as well of use of the 76–77 GHz band by radio service rules that the Commission as to amateur radio users. removing all amateur allocations from would have to implement?

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64. If, instead, the Commission were proposed rules. To the extent Vehicular Radar R&O, but later refiled to remove all amateur allocations from commenters support either regulatory with the Commission’s Secretary asking the 76–81 GHz range, it seeks comment approach, such as unlicensed operation that it the Commission treat the letter as on alternate spectrum that it might be under part 15, they should identify any a petition for reconsideration. On able to make available in this general rules that need to be modified to October 31, 2012, the Commission region. Bosch recommends an amateur support the different types of radar issued a Public Notice treating it as allocation at 75.5–76 GHz, arguing that applications the Commission discuss such. such an allocation would permit re- herein. 71. Numerous representatives of the accommodation of any displaced 67. Because the existing part 95 rules automotive industry as well as Xsight Amateur Radio operators as the result of do not specify rules for vehicular, FOD Systems, Inc., filed to oppose the aggregate noise from SRRs in the 79 GHz detection, aircraft-mounted and fixed Honeywell petition. These parties raised band, and harmonize the United States infrastructure radar operations, the procedural arguments—that the issue of Amateur allocation with that in ITU Commission propose to create a new removing the current prohibition on the Region 1 and in other areas of the world. subpart of part 95, titled the 76–81 GHz use of 76–77 GHz frequency range on The Commission seeks comment on radar service, that will accommodate all aircraft or satellite was not properly allocating the 75.5–76 GHz band to the authorized radar types within the band, raised in the proceeding and is amateur service if the Commission were but that will not otherwise distinguish otherwise outside the scope of the to remove the amateur allocation, among the different radar types. Our decision—as well as claims that there is including amateur satellite, in the 76–81 proposed service rules are intended to insufficient evidence that both aircraft- GHz band. facilitate the industry in developing the mounted and vehicular radars can co- various radar types in their authorized exist in the 76–77 GHz band. In Service and Technical Rules specific frequency ranges. For example, response, Honeywell claims that the 65. The Commission set forth in the case of vehicular radars, the issues it raises are within the scope of proposed rules that would license Commission leaves it up to the the Commission’s rulemaking vehicular and FOD detection radars in automotive industry to optimize the use proceeding, that there is no technical the 76–81 GHz band and aircraft- of the 76–81 GHz frequency band and reason why aircraft-mounted radar mounted and fixed infrastructure radars develop the SRR and LRR vehicular cannot operate in the 76–77 GHz band in the 76–77 GHz band as licensed radar application within the band. while the aircraft is on ground, and that services under part 95 of our rules. The Alternately, the Commission seeks there is an urgent and recognized public Commission also proposes to add a comment on whether distinctive or interest need for the anti-collision primary allocation for radiolocation in differentiating rules for the different benefits its aircraft-mounted radars can the 77.5–78 GHz band. The Commission radars would be appropriate and if so, provide. proposes technical rules that would be what those rules should be. 72. The Commission deny appropriate for a part 95 licensed-by- 68. To fully implement our proposal Honeywell’s petition. Section 1.429(b) rule approach. to accommodate radars under part 95, of the Commission’s rules provide three 66. In general, the proposed technical the Commission also proposes to make ways in which a petition for rules are consistent with those already additional modifications to parts 1, 2, reconsideration can be granted, and set forth for existing vehicular radar and 15, and 90 of our rules. All of our none of these have been met. Honeywell FOD detection radars under part 15 of proposed rule modifications are shown has not shown that its petition relies on our rules, including that the average and in this NPRM. The Commission seeks facts regarding fixed radar use which peak emission limits for vehicular comment on all of these proposals, and had not previously been presented to radars in the 76–81 GHz band not to invites commenters to identify any the Commission, nor does it show that exceed 88 mW/cm2 and 279 mW/cm2 additional rules that the Commission its petition relies on facts that relate to respectively, measured at a distance of would need to update to accomplish our events that changed since Honeywell 3 meters from the exterior surface of the objectives. had the last opportunity to present its radiating structure. However, as facts regarding fixed radar use. Indeed, discussed, the existing part 15 use is on Reconsideration Order Honeywell did not previously a non-interference basis and may not be 69. As part of our comprehensive look participate in the proceeding before the best fit for the types of safety related at shared use of the 76–81 GHz band, filing its letter. Moreover, it does not applications that the Commission the Commission has incorporated serve the public interest to consider envisions being deployed in the 76–81 matters that were first raised in Honeywell’s facts and arguments via GHz range. Under our draft rules, users pleadings filed in ET Docket Nos. 10–28 reconsideration of the existing dockets. would operate on a licensed basis fully and 11–90—namely Honeywell The Commission agrees with the supported by a primary radiolocation Aircraft’s Petition relating to aircraft- commenters who opposed the petition allocation throughout the 76–81 GHz mounted radar applications and that there may be technical and policy range. Authorizing these radars under Navtech’s Fixed Radar Petition. considerations associated with aircraft- part 95 of our rules will permit license- Although the Commission believes that mounted radar applications that parties by-rule operation pursuant to section there is merit in considering the issues could not have reasonably anticipated 307(e) of the Communications Act (Act). raised by Honeywell and Navtech in the nor had an opportunity to address. Any Under this approach, these devices may context of the Vehicular Radar NPRM, public interest associated with the operate on a shared, non-exclusive basis the Commission concludes that the consideration of Honeywell’s arguments with respect to each other and without parties underlying petitions in the will be fully captured and considered the need for these radar systems to be respective dockets should be denied. within the new docket that the individually licensed. By doing this, the Commission initiates with this Commission can provide for a greater Honeywell Petition rulemaking By doing so, it can ensure range of radar uses while still allowing 70. As background, Honeywell first that another aspect of the public interest for an easy transition of existing submitted a letter to the Office of is served—that is, that all interested equipment to part 95 operation. The Engineering and Technology seeking parties have ample notice and comment Commission seeks comment on these clarification of the rules adopted in the opportunities with respect to the

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possible use of wingtip radars under our proposed in this Notice of Proposed modification will help reduce FOD rules. Rulemaking and Reconsideration Order hazards through the implementation of (NPRM). Written public comments are a FOD management program and the Navtech Petition requested on this IRFA. Comments must effective use of FOD detection and 73. Similarly, the Commission agrees be identified as responses to the IRFA removal equipment.5 with those parties who oppose the and must be filed by the deadlines 79. Our rule modifications also Navtech pleading as procedurally specified in the NPRM for comments. propose to expand the use of radar in defective. The Commission stated in the The Commission will send a copy of the 76–77 GHz band to aircraft-mounted in the Vehicular Radar R&O that ‘‘no this NPRM, including this IRFA, to the radars. This application, also referred to parties have come forward to support Chief Counsel for Advocacy of the Small as ‘‘wingtip radar’’ and used only while fixed radar applications beyond airport Business Administration (SBA).2 In aircraft are on the ground, is intended locations in this band,’’ and it decided addition, the Notice and IRFA (or to prevent or mitigate the severity of not to adopt provisions for unlicensed summaries thereof) will be published in aircraft wing collisions while the plane fixed radar use other than those for FOD the Federal Register.3 is taxiing tarmacs. Mitigating the risk of detection applications at airport wingtip collisions can reduce costs and locations. Because Navtech first A. Need for, and Objectives of, the improve safety for both aviation participated in the proceeding when it Proposed Rules personnel and the travelling public.6 filed its petition well after the decision 77. This Notice responds to petitions The use of wingtip radar also appears to was published, its petition fails to meet for rulemaking filed by Robert Bosch, support National Transportation Safety the timeliness standard of § 1.429(d). LLC (Bosch) requesting modifications to Board (NTSB) safety recommendation 74. The Commission emphasize that § 15.253 of the rules to extend operating regarding the use of anti-collision aids our decision does not address whether frequency for vehicular radar systems on aircraft.7 Our overall objective is to there are substantive merits to these from 76–77 GHz to the 76–81 GHz band. promote efficient use of the spectrum claims. Such issues are fully Vehicular radars can determine the and facilitate development of incorporated into the proposals the exact distance and relative speed of technologies that will improve airport Commission makes in conjunction with objects in front of, beside, or behind a operations and provide enhance safety the Vehicular Radar NPRM. car to improve the driver’s ability to measures for both airport personnel and 75. Finally, because the Commission perceive objects under bad visibility the general public. is considering several different types of conditions or objects that are in blind 80. There is new demand for fixed radar applications that would share use spots. Some examples of vehicular radar infrastructure radar applications beyond within the millimeter wave bands, and systems include collision warning and airport locations. Some of these because it is proposing a consolidated mitigation systems, blind spot detection applications are monitoring tunnels or licensing scheme under our part 95 systems, lane change assist, and parking bridges for stopped vehicles, providing rules, the Commission concludes that it aid systems. The Notice proposes to collision warning systems for ship-to- can best promote efficiency and reduce extend the operating frequency for shore cranes and providing train administrative burdens by opening a unlicensed vehicular radar systems from detection for automatic train control.8 In new docket, ET Docket No. 15–26. Here, 76–77 GHz to 76–81 GHz. These our rule modifications to permit such the Commission will consider ongoing modifications to the rules will provide use we seek efficient use of the and future matters pertaining to the more efficient use of spectrum, and spectrum, harmonize global use of the entire 76–81 GHz band in a enable the automotive industries to spectrum, and facilitate development of consolidated and comprehensive develop enhanced safety measures for technologies that serve public interest manner. To that end, and in connection drivers and the general public. and convenience. with its decision to deny the petitions 78. Airports are challenged with B. Legal Basis for reconsideration discussed above, the managing increasing congestion on the Commission terminates ET Docket Nos. ground. These rule modification will 81. This action is authorized under 10–28 and 11–90 (pertaining to add to the tools that enhance an sections 1, 4(i), 302, 303(f) and (r), 332, vehicular radar) and WT Docket No. 11– airport’s ability to determine the and 337 of the Communications Act of 202 (addressing FOD detection radar location of airplanes and airport ground 1934, as amended, 47 U.S.C. 1, 4(i), applications). The Commission vehicles that are operating in taxiways 154(i), 302, 303(f) and (r), 332, 337. concludes that future decisions and runways. The presence of foreign regarding matters that it previously catastrophic series of events that caused the object debris (FOD) in an airport’s air Concorde crash were precipitated when FOD on the considered within those dockets can operations area (AOA) poses a more practically be made within the runway tore a tire, resulting in additional damage significant threat to the safety of air to the aircraft. http://www.guardian.co.uk/uk/2002/ comprehensive ET Docket No. 15–26 travel. Foreign object debris on taxiways jan/17/concorde.world. proceeding. 5 See U.S. Department of Transportation, Federal and runways has the potential to Aviation administration Advisory Circular No. 105/ Initial Regulatory Flexibility Analysis damage aircraft during the critical 5210–24, http://www.faa.gov/documentLibrary/ _ _ _ 76. As required by the Regulatory phases of takeoffs and landings, which media/Advisory Circular/150 5210 24.pdf can lead to catastrophic loss of life and (hereinafter AC 105/5210–24). Flexibility Act of 1980, as amended 6 See Aircraft Petition Reply at 4. 1 at the very least increased maintenance (RFA), the Commission has prepared 7 4 See NTSB Mar. 13, 2013 ex parte filing in ET this present Initial Regulatory and operating costs. These rule Docket No. 10–28 and RM–1190. All newly Flexibility Analysis (IRFA) of the manufactured and newly type-certificated large 2 possible significant economic impact on See 5 U.S.C. 603(a). airplanes and other airplane models where the 3 See 5 U.S.C. 603(a). wingtips are not easily visible from the cockpit to small entities by the policies and rules 4 On July 25, 2000, Air France Flight 4590 provide a cockpit indication that will help pilots crashed shortly after take-off from Charles de Gaulle determine wingtip clearance and path during taxi. 1 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601– Airport outside Paris, France. All one hundred The recommendation also requires retrofitting all 612, has been amended by the Small Business passengers and nine crewmembers, plus four existing airplane models with an anti-collision aid Regulatory Enforcement Fairness Act of 1996, people on the ground, were killed. The official where the wingtips are not easily visible from the (SBREFA) Public Law 104–121, Title II, 110 Stat. investigation, concluded by France’s Bureau cockpit. 857 (1996). Enquetes-Accidents, determined that the 8 See Fixed Radar Petition at 3–4

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C. Description and Estimate of the 500 employees and 17 had more than 301, 302a, and 303(f), that the Notice of Number of Small Entities to Which the 1000 employees.14 Thus, under that size Proposed Rulemaking is adopted and Proposed Rule Will Apply standard, the majority of firms can be the Petition for Rulemaking filed by 82. The RFA directs agencies to considered small. Robert Bosch in RM–11666 is granted to the extent described herein. provide a description of, and, where D. Description of Projected Reporting, 89. Pursuant to sections 4(i), 302, feasible, an estimate of, the number of Recordkeeping, and Other Compliance 303(e), 303(f), and 405 of the small entities that may be affected by Requirements the rules adopted herein.9 The RFA Communications Act of 1934, as 84. Radars operating in the 76–81 GHz generally defines the term ‘‘small amended, 47 U.S.C. 154(i), 302, 303(e), band are required to be authorized entity’’ as having the same meaning as 303(f), and 405, the petitions for under the Commission’s certification the terms ‘‘small business,’’ ‘‘small reconsideration filed by Honeywell and procedure as a prerequisite to marketing organization,’’ and ‘‘small governmental Navtech in ET Docket Nos. 10–28 and and importation, and the NPRM jurisdiction.’’ 10 In addition, the term 11–90 are denied. proposes no change to that requirement. ‘‘small business’’ has the same meaning 90. Pursuant to the authority as the term ‘‘small business concern’’ E. Steps Taken To Minimize Significant contained in sections 4(i), 4(j), and 303 under the Small Business Act.11 A Economic Impact on Small Entities, and of the Communications Act, as ‘‘small business concern’’ is one which: Significant Alternatives Considered amended, 47 U.S.C. 154(i), 154(j) and 303, that ET Docket Nos. 10–28 and 11– (1) Is independently owned and 85. The RFA requires an agency to 90 and WT Docket No. 11–202 are operated; (2) is not dominant in its field describe any significant alternatives that closed and the proceedings are of operation; and (3) satisfies any it has considered in reaching its terminated should no petitions for additional criteria established by the proposed approach, which may include 12 reconsideration or applications for Small Business Administration (SBA). the following four alternatives (among review be timely filed. 83. Radio and Television others): (1) The establishment of 91. The Commission’s Consumer and Broadcasting and Wireless differing compliance or reporting Governmental Affairs Bureau, Reference Communications Equipment requirements or timetables that take into Information Center, shall send a copy of Manufacturing. The Census Bureau account the resources available to small this Notice of Proposed Rulemaking, defines this category as follows: ‘‘This entities; (2) the clarification, including the Initial Regulatory industry comprises establishments consolidation, or simplification of primarily engaged in manufacturing Flexibility Analysis, to the Chief compliance or reporting requirements radio and television broadcast and Counsel for Advocacy of the Small under the rule for small entities; (3) the wireless communications equipment. Business Administration. use of performance, rather than design, Examples of products made by these standards; and (4) an exemption from List of Subjects in 47 CFR Parts 1, 2, 15, establishments are: transmitting and coverage of the rule, or any part thereof, 90 and 95 receiving antennas, cable television 15 for small entities. Administrative practice and equipment, GPS equipment, pagers, 86. The proposals contained in this procedure, Radio, Unlicensed services. cellular phones, mobile NPRM are deregulatory in nature, which communications equipment, and radio we expect will simplify compliance Federal Communications Commission. and television studio and broadcasting requirements for all parties, particularly Marlene H. Dortch, equipment.’’ 13 The SBA has developed small entities, and permit the Secretary. a small business size standard for Radio development of improved radar and Television Broadcasting and For the reasons discussed in the systems. Extending the frequency for Wireless Communications Equipment preamble, the Federal Communications unlicensed vehicular radar from 76–77 Manufacturing, which is: all such firms Commission proposes to amend 47 CFR GHz to 76–81 GHz will enable global having 750 or fewer employees. parts 1, 2, 15, 90, and 95 as follows: spectrum harmonization of LRRs at 76– According to Census Bureau data for 77 GHz and SRRs at 77–81 GHz that will 2007, there were a total of 939 PART 1—PRACTICE AND reduce prices and encourage establishments in this category that PROCEDURE operated for part or all of the entire year. deployment of automotive radars in ■ According to Census bureau data for lower-cost vehicles. Consolidating FOD 1. The authority citation for part 1 2007, there were a total of 939 firms in detection radars to operate under part continues to read as follows: this category that operated for the entire 95 in lieu of current rules will reduce Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. year. Of this total, 912 had fewer than unnecessary burdens for the general 151, 154(i), 154(j), 155, 157, 160, 201, 225, public and will provide increased 227, 303, 309, 332, 1403, 1404, 1451, 1452 9 5 U.S.C. 604(a)(3). spectrum efficiency. and 1455. 10 5 U.S.C. 601(6). F. Federal Rules That May Duplicate, ■ 2. Section 1.1307 is amended by 11 5 U.S.C. 601(3) (incorporating by reference the Overlap, or Conflict With the Proposed revising paragraphs (b)(2)(i) and (ii) to definition of ‘‘small-business concern’’ in the Small Business Act, 15 U.S.C. 632). Pursuant to 5 U.S.C. Rules read as follows: 601(3), the statutory definition of a small business 87. None. applies ‘‘unless an agency, after consultation with § 1.1307 Actions that may have a the Office of Advocacy of the Small Business Ordering Clauses significant environmental effect, for which Administration and after opportunity for public Environmental Assessments (EAs) must be comment, establishes one or more definitions of 88. Pursuant to sections 1, 2, 4(i), 301, prepared. such term which are appropriate to the activities of 302, and 303(f) of the Communications the agency and publishes such definition(s) in the * * * * * Federal Register.’’ Act of 1934, 47 U.S.C. 151, 152, 154(i), (b) * * * 12 15 U.S.C. 632. (2) * * * 13 The NAICS Code for this service 334220. See 14 See http://factfinder.census.gov/servlet/ (i) Mobile and portable transmitting IBQTable?_bm=y&-geo_id=&-fds_ 13 C.F.R 121/201. See also http:// devices that operate in the Commercial factfinder.census.gov/servlet/IBQTable?_bm=y&- name=EC0700A1&-_skip=4500&-ds_ fds_name=EC0700A1&-geo_id=&-_skip=300&-ds_ name=EC0731SG3&-_lang=en. Mobile Radio Services pursuant to part name=EC0731SG2&-_lang=en. 15 See 5 U.S.C. 603(c). 20 of this chapter; the Cellular

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Radiotelephone Service pursuant to part Medical Device Radiocommunication PART 2—FREQUENCY ALLOCATIONS 22 of this chapter; the Personal Service (MedRadio), or the 76–81 GHz AND RADIO TREATY MATTERS; Communications Services (PCS) Band Radar Service pursuant to part 95 GENERAL RULES AND REGULATIONS pursuant to part 24 of this chapter; the of this chapter are subject to routine Satellite Communications Services environmental evaluation for RF ■ 3. The authority citation for part 2 pursuant to part 25 of this chapter; the exposure prior to equipment continues to read as follows: Miscellaneous Wireless authorization or use, as specified in Authority: 47 U.S.C. 154, 302a, 303, and Communications Services pursuant to §§ 2.1091 and 2.1093 of this chapter. 336, unless otherwise noted. part 27 of this chapter; the Maritime (ii) Unlicensed PCS, unlicensed NII Services (ship earth stations only) and millimeter wave devices are also ■ 4. Section 2.106, the Table of pursuant to part 80 of this chapter; the subject to routine environmental Frequency Allocations, is amended by evaluation for RF exposure prior to Specialized Mobile Radio Service, the revising page 61 to read as follows: 4.9 GHz Band Service, or the 3650 MHz equipment authorization or use, as Wireless Broadband Service pursuant to specified in §§ 15.255(g), 15.257(g), § 2.106 Table of Frequency Allocations. part 90 of this chapter; the Wireless 15.319(i), and 15.407(f) of this chapter. * * * * * Medical Telemetry Service (WMTS), the * * * * *

TABLE OF FREQUENCY ALLOCATIONS (EHF) 71–100 GHZ PAGE 61

International table United States table FCC Rule part(s) Region 1 table Region 2 table Region 3 table Federal table Non-federal table

71–74 71–74 Fixed Microwave (101). FIXED FIXED FIXED-SATELLITE (space-to-Earth) FIXED-SATELLITE (space-to-Earth) MOBILE MOBILE MOBILE-SATELLITE (space-to-Earth) MOBILE-SATELLITE (space-to-Earth) US389

74–76 74–76 74–76 RF Devices (15). FIXED FIXED FIXED Fixed Microwave (101). FIXED-SATELLITE (space-to-Earth) FIXED-SATELLITE FIXED-SATELLITE MOBILE (space-to-Earth) (space-to-Earth) BROADCASTING MOBILE MOBILE BROADCASTING-SATELLITE Space research (space- BROADCASTING Space research (space-to-Earth) to-Earth) BROADCASTING-SAT- 5.561 US389 ELLITE Space research (space- to-Earth) US389

76–77.5 76–77.5 76–77.5 RF Devices (15). RADIO ASTRONOMY RADIO ASTRONOMY RADIO ASTRONOMY Amateur Radio (97). RADIOLOCATION RADIOLOCATION RADIOLOCATION Amateur Space research (space- Amateur Amateur-satellite to-Earth) Amateur-satellite Space research (space-to-Earth) US342 Space research (space- 5.149 to-Earth) US342

77.5–78 77.5–78 77.5–78 AMATEUR RADIOLOCATION AMATEUR AMATEUR-SATELLITE Radio astronomy AMATEUR-SATELLITE Radio astronomy Space research (space- RADIOLOCATION Space research (space-to-Earth) to-Earth) Radio astronomy 5.149 US342 Space research (space- to-Earth) US342

78–79 78–79 78–79 RADIOLOCATION RADIO ASTRONOMY RADIO ASTRONOMY Amateur RADIOLOCATION RADIOLOCATION Amateur-satellite Space research (space- Amateur Radio astronomy to-Earth) Amateur-satellite Space research (space-to-Earth) 5.560 US342 Space research (space- 5.149 5.560 to-Earth) 5.560 US342

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TABLE OF FREQUENCY ALLOCATIONS (EHF) 71–100 GHZ PAGE 61—Continued

International table United States table FCC Rule part(s) Region 1 table Region 2 table Region 3 table Federal table Non-federal table

79–81 79–81 79–81 RADIO ASTRONOMY RADIO ASTRONOMY RADIO ASTRONOMY RADIOLOCATION RADIOLOCATION RADIOLOCATION Amateur Space research (space- Amateur Amateur-satellite to-Earth) Amateur-satellite Space research (space-to-Earth) US342 Space research (space- 5.149 to-Earth) US342

* * * * * § 2.1093 Radiofrequency radiation no longer be permitted. Existing exposure evaluation: portable devices. ■ 5. Section 2.1091 is amended by equipment may continue to operate in revising paragraph (c)(1) introductory * * * * * accordance with their previous (c)(1) Portable devices that operate in text and paragraph (c)(2) to read as certification. the Cellular Radiotelephone Service follow: (j) Effective [DATE 30 DAYS AFTER pursuant to part 22 of this chapter; the DATE OF Federal Register § 2.1091 Radiofrequency radiation Personal Communications Service (PCS) PUBLICATION OF FINAL RULE] the exposure evaluation: mobile devices pursuant to part 24 of this chapter; the certification of field disturbance sensors * * * * * Satellite Communications Services that operate in the 16.2–17.7 GHz, pursuant to part 25 of this chapter; the (c)(1) Mobile devices that operate in 23.12–29.0 GHz, 46.7–46.9 GHz and Miscellaneous Wireless 76.0–77.0 GHz bands will no longer be the Commercial Mobile Radio Services Communications Services pursuant to permitted. Existing equipment may pursuant to part 20 of this chapter; the part 27 of this chapter; the Maritime continue to operate in accordance with Cellular Radiotelephone Service Services (ship earth station devices their previous certification. pursuant to part 22 of this chapter; the only) pursuant to part 80 of this chapter; Personal Communications Services the Specialized Mobile Radio Service, ■ 9. Section 15.252 is amended by pursuant to part 24 of this chapter; the the 4.9 GHz Band Service, and the 3650 adding introductory text to read as Satellite Communications Services MHz Wireless Broadband Service follows: pursuant to part 25 of this chapter; the pursuant to part 90 of this chapter; and § 15.252 Operation of wideband vehicular Miscellaneous Wireless the Wireless Medical Telemetry Service radar systems within the bands 16.2–17.7 Communications Services pursuant to (WMTS), the Medical Device GHz and 23.12–29.0 GHz. part 27 of this chapter; the Maritime Radiocommunication Service Services (ship earth station devices (MedRadio), and the 76–81 GHz Band Effective [DATE 30 DAYS AFTER only) pursuant to part 80 of this chapter; Radar Service, pursuant to subparts H, DATE OF Federal Register the Specialized Mobile Radio Service, I, and M of part 95 of this chapter, PUBLICATION OF FINAL RULE] field the 3650 MHz Wireless Broadband respectively, and unlicensed personal disturbance sensors that operate in the Service pursuant to part 90 of this communication service, unlicensed NII 16.2–17.7 GHz and 23.12–29.0 GHz chapter; and the 76–81 GHz Radar Band devices and millimeter wave devices bands will no longer be certified. Service pursuant to part 95 of this authorized under §§ 15.255(g), * * * * * chapter are subject to routine 15.257(g), 15.319(i), and 15.407(f) of this ■ 10. Section 15.253 is amended by environmental evaluation for RF chapter are subject to routine adding introductory text to read as exposure prior to equipment environmental evaluation for RF follows: authorization or use if: exposure prior to equipment authorization or use. § 15.253 Operation within the bands 46.7– * * * * * 46.9 GHz and 76.0–77.0 GHz. * * * * * (2) Unlicensed personal Effective [DATE 30 DAYS AFTER communications service devices, PART 15—RADIO FREQUENCY DATE OF Federal Register unlicensed millimeter wave devices and DEVICES PUBLICATION OF FINAL RULE] field unlicensed NII devices authorized ■ disturbance sensors and fixed radars under §§ 15.255(g), 15.257(g), 15.319(i), 7. The authority citation for part 15 continues to read as follows: that operate in the 46.7–46.9 GHz and and 15.407(f) of this chapter are also 76.0–77.0 GHz bands will no longer be subject to routine environmental Authority: 47 U.S.C. 154, 302a, 303, 304, certified. evaluation for RF exposure prior to 307, 336, 544a and 549. * * * * * equipment authorization or use if their ■ 8. Section 15.37 is amended by adding ■ ERP is 3 watts or more or if they meet paragraphs (i) and (j) to read as follows: 11. Section 15.515 is amended by the definition of a portable device as adding introductory text to read as specified in § 2.1093(b) requiring § 15.37 Transition provision for follows: compliance with the rules. evaluation under the provisions of that § 15.515 Technical requirements for section. * * * * * vehicular radar systems. (i) Effective [DATE 30 DAYS AFTER * * * * * DATE OF Federal Register Effective [DATE 30 DAYS AFTER ■ 6. Section 2.1093 is amended by PUBLICATION OF FINAL RULE] the DATE OF Federal Register revising paragraph (c)(1) to read as certification of UWB vehicular radars PUBLICATION OF FINAL RULE] UWB follows: that operate in the 22–29 GHz band will field disturbance sensors that operate in

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the 22–29 GHz band will no longer be ■ 16. Section 95.601 is amended to read 218–219 MHz Service, LPRS, MURS, or certified. as follows: MedRadio Service following the * * * * * procedures in part 2 of this chapter. Subpart E—Technical Regulations Dedicated Short-Range Communications PART 90–PRIVATE LAND MOBILE § 95.601 Basis and Purpose. Service On-Board Units (DSRCS–OBUs) RADIO SERVICES must be certified in accordance with This section provides the technical subpart L of this part and subpart J of ■ 12. The authority citation for part 90 standards to which each transmitter part 2 of this chapter. 76–81 GHz Radar continues to read as follows: (apparatus that converts electrical Service transmitters must be certified in Authority: Sections 4(i), 11, 303(g), 303(r), energy received from a source into RF (radio frequency) energy capable of accordance with subpart M of this part and 332(c)(7) of the Communications Act of and subpart J of part 2 of this chapter. 1934, as amended, 47 U.S.C. 154(i), 161, being radiated) used or intended to be 303(g), 303(r), and 332(c)(7), and Title VI of used in a station authorized in any of ■ 19. Add § 95.624 to read as follows: the Middle Class Tax Relief and Job Creation the Personal Radio Services must Act of 2012, Pub. L. 112–96, 126 Stat. 156. § 95.624 76–81 GHz Radar Service comply. This section also provides frequencies. § 90.103 [Amended]. requirements for obtaining certification for such transmitters. The Personal Transmitters in the 76–81 GHz Radar ■ 13. Section 90.103 is amended by Service may operate within the 76–81 removing the last row of the table in Radio Services are the GMRS (General Mobile Radio Service)—subpart A, the GHz frequency band. Specific frequency paragraph (b) and removing paragraph and bandwidth limitations are specified (c)(30). Family Radio Service (FRS)—subpart B, the R/C (Radio Control Radio Service)— in subpart M of this part. PART 95–PERSONAL RADIO subpart C, the CB (Citizens Band Radio ■ 20. Section 95.631 is amended by SERVICES Service)—subpart D, the Low Power adding paragraph (l) to read as follows: Radio Service (LPRS)—subpart G, the § 95.631 Emission types. ■ 14. The authority citation for part 95 Wireless Medical Telemetry Service continues to read as follows: (WMTS)—subpart H, the Medical * * * * * Authority: 47 U.S.C. 154, 301, 302(a), 303, Device Radiocommunication Service (l) The 76–81 GHz Radar Service is and 307(e). (MedRadio)—subpart I, the Multi-Use governed under subpart M of this part. ■ 15. Section 95.401 is amended by Radio Service (MURS)—subpart J, ■ 21. Section 95.633 is amended by adding paragraph (h) to read as follows: Dedicated Short-Range Communications adding paragraph (h) to read as follows: Service On-Board Units (DSRCS– Subpart D—Citizens Band (CB) Radio OBUs)—subpart L, and the 76–81 GHz § 95.633 Emission bandwidth. Service Radar Service—subpart M. * * * * * ■ § 95.401 (CB Rule 1) What are the Citizens 17. Section 95.603 is amended by (h) The 76–81 GHz Radar Service is Band Radio Services? adding paragraph (i) to read as follows: governed under subpart M of this part. * * * * * § 95.603 Certification required. ■ 22. Section 95.635 is amended by revising the introductory text and table (h) The 76–81 GHz Radar Service. The * * * * * rules for this service are contained in (i) Each 76–81 GHz Radar Service of paragraph (b) and adding paragraph Subpart M of this part. The 76–81 GHz transmitter must be certified. (g) to read as follows: Radar Service applications include, but ■ 18. Section 95.605 is revised to read § 95.635 Unwanted radiation. are not limited to, vehicular radars and as follows: aircraft-mounted radars used for * * * * * collision avoidance and other safety § 95.605 Certification procedures. (b) The power of each unwanted applications, as well as fixed radars Any entity may request certification emission shall be less than TP as used for foreign object debris detection for its transmitter when the transmitter specified in the applicable paragraphs at airports and for other purposes. is used in the GMRS, FRS, R/C, CB, listed in the following table:

Transmitter Emission type Applicable paragraphs (b)

GMRS ...... A1D, A3E, F1D, G1D, F3E, G3E with filtering ...... (1), (3), (7). A1D, A3E, F1D, G1D, F3E, G3E without filtering ...... (5), (6), (7). H1D, J1D, R1D, H3E, J3E, R3E ...... (2), (4), (7). FRS ...... F3E with filtering ...... (1), (3), (7). R/C: 27 MHz ...... As specified in § 95.631(b) ...... (1), (3), (7). 72–76 MHz ...... As specified in § 95.631(b) ...... (1), (3), (7), (10), (11), (12). CB ...... A1D, A3E ...... (1), (3), (8), (9). H1D, J1D, R1D, H3E, J3E, R3E ...... (2), (4), (8), (9). A1D, A3E type accepted before September 10, 1976 ...... (1), (3), (7). H1D, J1D, R1D, H3E, J3E, R3E type accepted before September (2), (4), (7). 10, 1986. LPRS ...... As specified in paragraph (c). MedRadio ...... As specified in paragraph (d). DSRCS–OBU ...... As specified in paragraph (f) of this section. 76–81 GHz Radar Service ...... As specified in paragraph (g) of this section.

* * * * * ■ 23. Section 95.637 is amended by § 95.637 Modulation standard. (g) The 76–81 GHz Radar Service is adding paragraph (g) to read as follows: * * * * * governed under subpart M of this part.

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(g) The 76–81 GHz Radar Service is 95.1615 Technical requirements. expressly approved by the party governed under subpart M of this part. 95.1617 RF safety. responsible for compliance could void ■ 24. Section 95.639 is amended by § 95.1601 Scope. the user’s authority to operate the adding paragraph (j) to read as follows: equipment. In cases where the manual This subpart sets out the regulations is provided only in a form other than § 95.639 Maximum transmitter power. governing the operation of vehicular paper, such as on a computer disk or and fixed radars operating within the * * * * * over the Internet, the information (j) The 76–81 GHz Radar Service is band 76.0–81 GHz. The following uses are permitted: required by this section may be governed under subpart M of this part. included in the manual in that ■ 25. Add § 95.641 under the In the 76–81 GHz band: vehicle- mounted field disturbance sensors used alternative form, provided the user can undesignated center heading TECHNICAL reasonably be expected to have the STANDARDS to read as follows: as vehicular radar systems; and mobile and fixed radar systems used at airport capability to access information in that § 95.641 76–81 GHz Radar Service locations for foreign object debris form. certification. detection on runways and for § 95.1613 Frequency use policy. Sections 95.643 through 95.655 do not monitoring aircraft and service vehicles apply to certification of vehicular radar on taxiways and other airport vehicle (a) The frequencies authorized to 76– devices and fixed radar devices service areas that have no public vehicle 81 GHz Band Radar Service systems by operating in the 76–81 GHz Band Radar access. In the 76–77 GHz band: Fixed this part are available on a shared basis Service. These devices must be certified radars (other than the type described only and will not be assigned for the in accordance with subpart M of this above), and radars that are mounted on exclusive use of any entity. Users part and subpart J of part 2 of this aircraft and that are operated only while should select and use frequencies in a chapter. the aircraft is on the ground. manner that mitigates the risk of ■ 26. Appendix 1 to Subpart E of part potential interference between 95—Glossary of Terms is amended by § 95.1603 Permissible communications. authorized services. The transmission of data is permitted adding the definition of ‘‘Field § 95.1615 Technical requirements. disturbance sensor’’ in alphabetical provided the primary mode of operation order to read as follows: is as a field disturbance sensor. Voice (a) The fundamental radiated and video transmissions are prohibited. emission limits within the band 76–81 Appendix 1 to Subpart E of Part 95— GHz provided in this section are Glossary of Terms § 95.1605 Station identification. expressed in terms of Equivalent * * * * * A station is not required to transmit Isotropic Radiated Power (EIRP) and are Field disturbance sensor. A device a station identification announcement. as follows: that establishes a radio frequency field § 95.1607 Station inspection. (1) The maximum power (EIRP) in its vicinity and detects changes in All 76–81 GHz Band Radar Service within the bands specified in this that field resulting from the movement equipment must be made available for section shall not exceed 50 dBm based of persons or objects within its range. inspection upon request by an on measurements employing a power * * * * * authorized FCC representative. averaging detector with a 1 MHz RBW. ■ 27. Add Subpart M to part 95 to read (2) The maximum peak power (EIRP) as follows: § 95.1609 Authorized locations. within the bands specified in this The operation of a 76–81 GHz Band section shall not exceed 55 dBm based Subpart M—The 76–81 GHz Band Radar Service transmitter under this on measurements employing a peak Radar Service part is authorized anywhere CB station detector with a 1 MHz RBW. operation is permitted under § 95.405 of Sec. (b) The unwanted emissions outside this part. 95.1601 Scope. the operating band, 76–81 GHz, shall 95.1603 Permissible communications. § 95.1611 Information to user. consist solely of spurious emissions and 95.1605 Station identification. shall not exceed the following: 95.1607 Station inspection. The user’s manual or instruction 95.1609 Authorized locations. manual for an intentional or (1) Radiated emissions below 40 GHz 95.1611 Information to user. unintentional radiator shall caution the shall not exceed the field strength as 95.1613 Frequency use policy. user that changes or modifications not shown in the following emission table:

Field strength Measurement Frequency (MHz) (microvolts/ distance meter) (meters)

0.009–0.490 ...... 2400/F(kHz) 300 0.490–1.705 ...... 24000/F(kHz) 30 1.705–30.0 ...... 30 30 30–88 ...... 100 3 88–216 ...... 150 3 216–960 ...... 200 3 Above 960 ...... 500 3

(i) In the emission table in paragraph on the frequency of the unwanted (iii) The emission limits shown in the (b)(1) of this section, the tighter limit emission and not the fundamental table in paragraph (b)(1) of this section applies at the band edges. frequency. However, the level of any are based on measurements employing a (ii) The limits in the table in unwanted emissions shall not exceed CISPR quasi-peak detector except for the paragraph (b)(1) of this section are based the level of the fundamental frequency. frequency bands 9.0–90.0 kHz, 110.0–

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490.0 kHz and above 1000 MHz. DEPARTMENT OF TRANSPORTATION I. Background Radiated emission limits in these three Entry-Level Driver Training bands are based on measurements Federal Motor Carrier Safety employing an average detector with a 1 Administration Section 32304 of the Moving Ahead MHz RBW. for Progress in the 21st Century (MAP– 49 CFR Chapter III 21) (Pub. L. 112–141, 126 Stat. 405 (July (2) The power density of radiated 6, 2012)) requires FMCSA to establish emissions outside the operating band [Docket No. FMCSA–2007–27748] new regulations concerning ELDT. above 40.0 GHz shall not exceed the MAP–21 requires ‘‘that the training following employing an average detector Minimum Training Requirements for regulations address knowledge and with a 1 MHz RBW: Entry-Level Drivers of Commercial skills for motor vehicle operation, (i) For radiated emissions between 40 Motor Vehicles: Negotiated specific requirements for hazmat and and 200 GHz from field disturbance Rulemaking Committee Meetings passenger endorsements, create a sensors and radar systems operating in certificate system for meeting the band 76–81 GHz: 600 pW/cm2 at a AGENCY: Federal Motor Carrier Safety requirements, and require training distance of 3 meters from the exterior Administration (FMCSA), DOT. providers to demonstrate that their training meets uniform standards.’’ The surface of the radiating structure. ACTION: Notice of advisory committee public meetings. new requirements would apply to (ii) For radiated emissions above 200 individuals seeking a CDL to operate GHz from field disturbance sensors and SUMMARY: FMCSA announces the CMVs, as defined in 49 CFR 383.5. radar systems operating in the 76–81 meeting schedule for the Entry-Level On August 19, 2014 (79 FR 49044), 2 GHz band: 1000 pW/cm at a distance Driver Training Advisory Committee FMCSA announced that the Agency of 3 meters from the exterior surface of (ELDTAC), established to complete a would explore the feasibility of the radiating structure. negotiated rulemaking on Entry-Level conducting a negotiated rulemaking concerning entry-level driver training (3) For field disturbance sensors and Driver Training (ELDT) for individuals for drivers of CMVs. The Agency radar systems operating in the 76–81 who want to operate Commercial Motor announced the hiring of a convener to Vehicles (CMVs). ELDTAC is a GHz band, the spectrum shall be speak with interested parties about the negotiated rulemaking committee investigated up to 231.0 GHz. feasibility of conducting an ELDT established to develop a Notice of (c) Fundamental emissions must be negotiated rulemaking and requested Proposed Rulemaking (NPRM) to contained within the frequency bands public comments by September 18, implement section 32304 of the Moving 2014. As part of the first step in this specified in this section during all Ahead for Progress in the 21st Century process, the convener conducted these conditions of operation. Equipment is (MAP–21) concerning ELDT standards interviews and submitted a report to the presumed to operate over the for individuals applying for a ¥ Agency on November 26, 2014, temperature range 20 to +50 degrees commercial driver’s license (CDL) or regarding the feasibility of conducting a Celsius with an input voltage variation CDL upgrade. The meetings will be held negotiated rulemaking. The convening of 85% to 115% of rated input voltage, Thursday–Friday, March 19–20, April report is available both in the unless justification is presented to 9–10 and 23–24, and May 14–15 and rulemaking docket at FMCSA–2007– demonstrate otherwise. 28–29, 2015. The meetings are open to 27748 and on the Internet at the public for their entirety. § 95.1617 RF safety. eldtac.fmcsa.dot.gov. DATES: The meetings will be held On December 10, 2014 (79 FR 73273), Regardless of the power density levels Thursday–Friday, March 19–20, April FMCSA announced its intent to permitted under this subpart, devices 9–10 and 23–24, and May 14–15 and establish a negotiated rulemaking operating under the provisions of this 28–29, 2015, from 9 a.m. to 4:30 p.m., committee to negotiate and develop subpart are subject to the Eastern Daylight Time (E.T.), on proposed regulations to implement the radiofrequency radiation exposure Thursdays and 9 a.m. to 3 p.m., E.T., on MAP–21 provision concerning ELDT requirements specified in §§ 1.1307(b), Fridays at various locations in based on the recommendations of the 2.1091 and 2.1093 of this chapter, as Washington, DC, and Arlington, VA. convener. On February 12, 2015 (80 FR appropriate. Applications for equipment Specific locations and an agenda for 7814), FMCSA announced the authorization of devices operating under each meeting will be posted in advance appointment of members to the Entry- this section must contain a statement of the meetings at http:// Level Driver Training Advisory confirming compliance with these www.fmcsa.dot.gov/eldtac. Committee (ELDTAC) established to requirements for both fundamental FOR FURTHER INFORMATION CONTACT: Ms. complete a negotiated rulemaking on emissions and unwanted emissions. Shannon L. Watson, Senior Policy ELDT for individuals who want to Technical information showing the Advisor, Federal Motor Carrier Safety operate CMVs. basis for this statement must be Administration, U.S. Department of ELDTAC submitted to the Commission upon Transportation, 1200 New Jersey The ELDTAC is established by charter request. Avenue SE., Washington, DC 20590, in accordance with the Federal (202) 366–2551, [email protected]. [FR Doc. 2015–04032 Filed 3–5–15; 8:45 am] Advisory committee Act (FACA), 5 BILLING CODE 6712–01–P Services for Individuals With U.S.C., App. 2. Transportation Secretary Disabilities: For information on facilities Anthony Foxx signed the ELDTAC or services for individuals with charter on January 15, 2015, which disabilities or to request special provides up to 2 years for the assistance at the meeting, contact Eran Committee’s duration, in accordance Segev at (617) 494–3174, eran.segev@ with section 14 of FACA. Additionally, dot.gov, one week prior to each meeting. as the ELDTAC is a negotiated SUPPLEMENTARY INFORMATION: rulemaking committee (‘‘Reg Neg’’), it

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complies with the Negotiated name and a mailing address, an email IV. Future Committee Meetings and Rulemaking Act (5 U.S.C. 564). The address, or a phone number in the body Rulemaking Calendar Committee is effective from the date of of your document so that FMCSA can In coordination with the Reg Neg signature through January 15, 2017. contact you if there are questions facilitator, FMCSA has developed this ELDTAC Membership regarding your submission. schedule of committee meetings, In its December 10, 2014, Federal To submit your comment online, go to running through May 2015. Register notice, the Agency announced http://www.regulations.gov, put the FMCSA intends to complete the Reg that it was soliciting applications and docket number, FMCSA–2007–27748, in Neg process for the proposed rule nominations for membership on the the keyword box, and click ‘‘Search.’’ within the first half of 2015 and to ELDTAC. These members are experts in When the new screen appears, click on publish a Notice of Proposed their respective fields and appointed as the ‘‘Comment Now!’’ button and type Rulemaking (NPRM) this year, followed Special Government employees or your comment into the text box on the by a Final Rule in 2016. After the representatives of entities or interests following screen. Choose whether you conclusion of the committee meetings, including but not limited to the are submitting your comment as an the Agency will draft the NPRM, which following: CMV driver training individual or on behalf of a third party is expected to take approximately 6–8 organizations; industry representatives; and then submit. weeks, depending on the degree of representatives of driver training consensus on the issues and the If you submit your comments by mail schools; motor carriers (of property and supporting data developed by the passengers) and associations; State or hand delivery, submit them in an committee. The NPRM will then be 1 licensing agencies; State enforcement unbound format, no larger than 8 ⁄2 by reviewed by DOT’s Office of the agencies; labor unions; safety advocacy 11 inches, suitable for copying and Secretary and the Office of Management groups; insurance companies; and electronic filing. and Budget (OMB). The Agency will then publish the NPRM for public others selected with a view toward Viewing Comments and Documents achieving varied perspectives on ELDT. comment. In an effort to balance these interests to To view comments, as well as any Following the close of the public the extent practicable, the FMCSA documents mentioned in this preamble comment period the Agency will Acting Administrator appointed 26 as being available in the docket, go to evaluate and respond to public members on January 30, 2015, who will http://www.regulations.gov. Insert the comments as it drafts a final rule, which each serve for up to one two-year term. docket number, FMCSA–2007–27748, in will also undergo Departmental and The members met for the first time the keyword box, and click ‘‘Search.’’ OMB review. Although the time needed Thursday–Friday, February 26–27, Next, click the ‘‘Open Docket Folder’’ to address public comments to an NPRM that has been developed through 2015. button and choose the document to a successful negotiated rulemaking review. If you do not have access to the II. Meeting Participation process is typically shorter than for Oral comments from the public will Internet, you may view the docket rules conducted through the ordinary be heard during the meeting, as online by visiting the Docket informal notice and comment process, managed by the Reg Neg facilitator. Management Facility in Room W12–140 the Agency must nonetheless address on the ground floor of the DOT West III. Submitting Written Comments substantive public comments in the Building, 1200 New Jersey Avenue SE., final rule, in accordance with the Members of the public may submit Washington, DC 20590, between 9 a.m. Administrative Procedure Act. While written comments on the topics to be and 5 p.m., E.T., Monday through the Agency cannot state with certainty considered during the meeting one week Friday, except Federal holidays. the time required to complete the Reg prior to each meeting to Federal Docket Privacy Act Neg process and notice and comment Management System (FDMC) Docket rulemaking, the target date for Number FMCSA–2007–27748. If you DOT posts comments, without edit, publication of an NPRM is October 15, submit a comment, please include the including any personal information the 2015. docket number for this notice (FMCSA– commenter provides, to 2007–27748). You may submit your Issued on: March 2, 2015. comments and material online or by fax, www.regulations.gov, as described in Larry W. Minor, mail, or hand delivery, but please use the system of records notice (DOT/ALL– Associate Administrator for Policy. only one of these means. FMCSA 14 FDMS), which can be reviewed at [FR Doc. 2015–05197 Filed 3–5–15; 8:45 am] recommends that you include your www.dot.gov/privacy. BILLING CODE 4910–EX–P

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Notices Federal Register Vol. 80, No. 44

Friday, March 6, 2015

This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: discharged in Bankruptcy (00)) with a contains documents other than rules or Thomas F. Harris II, (202) 772–6014. beginning outstanding amount in 2014 proposed rules that are applicable to the Persons with disabilities who require of $31,131,509.78, and an ending public. Notices of hearings and investigations, alternative means for communication outstanding amount of $13,930,584.07. committee meetings, agency decisions and (Braille, large print, audio tape, etc.) Collections for FSA and CCC from FSA/ rulings, delegations of authority, filing of petitions and applications and agency should contact the USDA’s TARGET CCC offices, DOJ actions, and Voluntary statements of organization and functions are Center at (202) 720–2600 (Voice only). Payments totaled $3,416,702.42. The examples of documents appearing in this SUPPLEMENTARY INFORMATION: Debt Collection Improvement Act of section. Title: Debt Settlement Policies and 1996 (DCIA) requires the head of an Procedures. agency to take all appropriate steps to OMB Control Number: 0560–0146. collect delinquent debts before DEPARTMENT OF AGRICULTURE Expiration Date of Approval: July 31, discharging the debts. The current 2015. information collection forms and Farm Service Agency Type of Request: Extension of a formats have been successfully used for currently approved information the past several years and have become Commodity Credit Corporation collection. familiar tools for both agency employees Abstract: This information collection and producers. Thus, adequate forms Information Collection Request; Debt is required to enable FSA and CCC to and formats already exist and are in use. Settlement Policies and Procedures effectively administer the regulations at Developing new forms and formats AGENCY: Farm Service Agency and 7 CFR part 792 (FSA) and 7 CFR part would be costly and is not required to Commodity Credit Corporation. 1403 (CCC) pertaining to debt settlement meet the demands of the DCIA. Public policies and procedures and the comment is requested on how the forms ACTION: Notice; request for comments. identification of and settlement of and process may be improved, as specified below. There are no changes to SUMMARY: In accordance with the outstanding claims. Collection of Paperwork Reduction Act of 1995, the outstanding debts owed to FSA or to the information collection since the last Commodity Credit Corporation (CCC) CCC can be effected by installment OMB approval. The formula used to calculate the and the Farm Service Agency (FSA) are payments if a debtor furnishes total burden hour is estimated average requesting comments from all interested satisfactory evidence of inability to pay time per responses hours times total individuals and organizations on an a claim in full, and if the debtor specifically requests an installment annual responses. extension of a currently approved Estimate of Burden: Public reporting information collection that supports the agreement. Part of the requirement is that the debtor furnishes a financial burden for this information collection is FSA and CCC Debt Settlement Policies estimated to average 0.66 hours per and Procedure regulations. statement or other information that would disclose the debtor’s assets and response. The average travel time, DATES: We will consider comments that liabilities. This information is required which is included in the total annual we receive by May 5, 2015. in order to evaluate any proposed plan. burden, is estimated to be 1 hour per ADDRESSES: We invite you to submit Such requests for documentation respondent. comments on this notice. In your furnished by the debtor are also used in Respondents: Producers participating comments, include the date, volume, the other collection tools employed by in FSA and CCC programs. Estimated Number of Respondents: and page number of this issue of the both FSA and CCC in managing debt 300. Federal Register, the OMB control settlement policies and procedures. If an Estimated Number of Responses per number and the title of the information installment agreement is approved, then collection. You may submit comments Respondent: 1. a Promissory Note (CCC–279), or an Estimated Total Annual Responses: by any of the following methods: approved alternative promissory note • 300. Federal eRulemaking Portal: Go to format, should be executed between the Estimated Average Time per http://www.regulations.gov. Follow the debtor and the FSA/CCC Response: 0.66. online instructions for submitting representative(s). Estimated Total Annual Burden on comments. During the past two years, Respondents: 200 Hours. • Mail: Thomas F. Harris II, Claims $13,930,548.07 in debt collection for We are requesting comments on all Program Specialist, Financial Farm Programs and for the Commodity aspects of this information collection to Management Division, Office of Budget Office was facilitated by the use of this help us to: and Finance, Farm Service Agency, requested information. Eighty four (84) (1) Evaluate whether the proposed USDA, STOP 0581, 355 E Street SW., Promissory Notes were established collection of information is necessary Suite 11–181B, Washington, DC 20024. between debtors and FSA and CCC from for the proper performance of the You may also send comments to the 10/01/2013 to 10/01/2014. Total active functions of the agency, including Desk Officer for Agriculture, Office of Note amount for the past two years is whether the information will have Information and Regulatory Affairs, presently 305 total Promissory Notes practical utility; Office of Management and Budget, (includes beginning outstanding notes (2) Evaluate the accuracy of the Washington, DC 20503. Copies of the (213); total notes established (84); notes agency’s estimate of the burden of the information collection may be requested defaulted (1), notes paid off in full (25); collection of information including the by contacting Thomas F. Harris at the notes paid, small balance loans (-25); validity of the methodology and above address. notes written off (07) and notes assumptions used;

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(3) Evaluate the quality, utility, and Clearance Office, USDA, OCIO, Mail Total Burden Hours: 8,353. clarity of the information technology; Stop 7602, Washington, DC 20250– Charlene Parker, and 7602. Copies of the submission(s) may (4) Minimize the burden of the be obtained by calling (202) 720–8681. Departmental Information Collection Clearance Officer. information collection on those who An agency may not conduct or respond through the use of appropriate [FR Doc. 2015–05263 Filed 3–5–15; 8:45 am] sponsor a collection of information BILLING CODE 3410–20–P automated, electronic, mechanical, or unless the collection of information other technological collection displays a currently valid OMB control techniques or other forms of information number and the agency informs DEPARTMENT OF AGRICULTURE technology. potential persons who are to respond to All comments received in response to the collection of information that such Forest Service this notice, including names and persons are not required to respond to addresses where provided, will be made the collection of information unless it Flathead National Forest, Montana; a matter of public record. Comments Revision of the Land Management Plan will be summarized and included in the displays a currently valid OMB control number. for the Flathead National Forest and an request for OMB approval of the Amendment of the Helena, Kootenai, information collection. National Agricultural Statistics Service Lewis and Clark, and Lolo National Signed on March 3, 2015. Title: Colony Loss Surveys. Forest Plans To Incorporate Relevant Val Dolcini, Direction From the Northern Administrator, Farm Service Agency, and OMB Control Number: 0535–NEW. Continental Divide Ecosystem Grizzly Executive Vice President, Commodity Credit Summary of Collection: The primary Bear Conservation Strategy Corporation. objectives of the National Agricultural AGENCY: Forest Service, USDA. [FR Doc. 2015–05227 Filed 3–5–15; 8:45 am] Statistics Service (NASS) are to prepare ACTION: Notice of intent to prepare an BILLING CODE 3410–05–P and issue official State and national estimates of crop and livestock environmental impact statement. production, disposition and prices, SUMMARY: As directed by the National DEPARTMENT OF AGRICULTURE economic statistics, and environmental Forest Management Act, the U.S. statistics related to agriculture and to Department of Agriculture, Forest Submission for OMB Review; conduct the Census of Agriculture and Comment Request Service, is preparing the Flathead its follow-on surveys. Pollinators National Forest’s revised land March 2, 2015. (honeybees) are vital to the agricultural management plan (forest plan) and an The Department of Agriculture has industry for producing food for the amendment to provide relevant submitted the following information world’s population. Ad hoc surveys direction from the Northern Continental collection requirement(s) to OMB for showed a dramatic rise in the number Divide Ecosystem (NCDE) Grizzly Bear review and clearance under the of disappearances of honeybee colonies Conservation Strategy into the forest Paperwork Reduction Act of 1995, in North America in late 2006. The plans for the Helena, Kootenai, Lewis Public Law 104–13. Comments collapse or decline of honeybee colonies and Clark and Lolo National Forests. regarding (a) whether the collection of is significant economically because The Forest Service will prepare a single information is necessary for the proper many agricultural crops worldwide are environmental impact statement (EIS) performance of the functions of the pollinated by European honeybees. for its revised forest plan and the agency, including whether the General authority for these data amendment. information will have practical utility; collection activities is granted under This notice briefly describes the (b) the accuracy of the agency’s estimate U.S.C. Title 7, Section 2204. proposed action based on the need to of burden including the validity of the Need and Use of the Information: To change the existing plans, the nature of methodology and assumptions used; (c) collect critical information NASS will the decision to be made, and ways to enhance the quality, utility and use two surveys which will complement information concerning public clarity of the information to be its existing Bee and Honey Collection participation. This notice also provides collected; (d) ways to minimize the (0535–0153) that focuses on bee keepers estimated dates for filing the EIS, the burden of the collection of information with 5 or more colonies. The Colony name and address of the responsible on those who are to respond, including Loss Quarterly Survey will be agency officials, and the individuals through the use of appropriate administered quarterly to a subsample who can provide additional automated, electronic, mechanical or of bee keepers responding to the annual information. Finally, this notice other technological collection Bee and Honey Inquiry. The Colony identifies the applicable planning rule techniques or other forms of information Loss Annual Survey will be that will be used for completing the technology. administered to bee keepers with fewer plan revision and amendment. Comments regarding this information than 5 colonies. The data collected will The revised Flathead forest plan will collection received by April 6, 2015 will include state of colony residence, the supersede the existing forest plan that be considered. Written comments commercial movement of colonies was approved by the Regional Forester should be addressed to: Desk Officer for between states, newly added or in 1986, and amended more than 20 Agriculture, Office of Information and replacement colonies, colony losses, times since. The existing Flathead forest Regulatory Affairs, Office of and presence of colony stress factors, plan will remain in effect until the Management and Budget (OMB), New such as pests or parasites. revised forest plan takes effect. The Executive Office Building, 725—17th Description of Respondents: Farmers management direction pertaining to Street NW., Washington, DC 20503. and Beekeepers. grizzly bear within the current forest Commenters are encouraged to submit plans of the Helena National Forest, their comments to OMB via email to: Number of Respondents: 23,300. approved by the Regional Forester in [email protected] or fax Frequency of Responses: Reporting: 1986; Kootenai National Forest, (202) 395–5806 and to Departmental Quarterly; One time. approved by the Regional Forester in

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2015; Lewis and Clark National Forest, production. The proposed action lands where timber harvest is approved by the Regional Forester in includes estimates of the long-term appropriate for purposes other than 1986; and Lolo National Forest, sustained yield and planned sale timber production. To meet the approved by the Regional Forester in quantity for the forest. The proposed Planning Rule’s requirement to provide 1986, as amended, will remain in effect action includes a description of the plan for ecological sustainability, until the proposed amendment takes area’s distinctive roles and management direction is needed that effect. contributions within the broader addresses ecosystem diversity In response to this notice, we are landscape, the identification of priority (including key ecosystem characteristics asking for comments on the proposed restoration watersheds, and suitability and their integrity), in light of changes action so we may refine the proposed of national forest lands to support a in climate, fuels, vegetation action and identify possible alternatives variety of proposed and possible actions management strategies, and future to the proposed action. that may occur on the plan area over the environmental conditions. Revised plan DATES: Comments concerning the scope life of the plan. The proposed action components are needed that focus on of the proposed action must be received also identifies a monitoring program. maintaining or restoring vegetation and by May 5, 2015. The draft EIS is The proposed action includes 188,206 ecosystems to provide for species expected in January 2016 and the final acres to be recommended to Congress diversity including threatened and EIS is expected in June 2017. for inclusion in the National Wilderness endangered species, species of ADDRESSES: Send or deliver written Preservation System and 22 rivers for conservation concern, and species of comments to the Flathead National inclusion into the National Wild and public interest. Additionally, Forest Supervisor’s Office, Attn: Forest Scenic Rivers System. comprehensive management direction is needed to address suitability of certain Plan Revision, 650 Wolfpack Way, Need for Action areas for particular uses, address access Kalispell, Montana 59901. Comments The need for the proposed action is may also be sent via email to and sustainable recreation, provide for twofold: (1) Significant changes have the management of existing and [email protected] or via occurred in conditions and demands facsimile to (406) 758–5379. Further anticipated uses, as well as protect since the Flathead’s 1986 Forest Plan resources. During the plan revision instructions for providing comments and (2) to ensure the adequacy of that will assist the planning team in process, the 2012 Planning Rule regulatory mechanisms regarding requires the Forest Service to undertake reviewing comments can be found on habitat protection across the national processes to identify and evaluate lands the Flathead National Forest Web site forests in the NCDE in support of the de- that may be suitable for inclusion on the www.fs.usda.gov/goto/flathead/fpr. listing of the grizzly bear. Several areas National Wilderness Preservation FOR FURTHER INFORMATION CONTACT: Joe where changes are needed in the System and identify eligible rivers for Krueger, Forest Planner, Flathead Flathead NF plan were brought to the inclusion into the National Wild and National Forest, 650 Wolfpack Way, forefront by the requirements of the Scenic Rivers System. Kalispell, Montana 59901, (406) 758– 2012 Planning Rule for the National Under the Endangered Species Act of 5243, or at flatheadplanrevision@ Forest System; findings from the 1973, federal agencies are directed to fs.fed.us. Information regarding the development of the Assessment of the use their authorities to seek to conserve Flathead NF plan revision is available Flathead National Forest (a precursor endangered and threatened species. The on the Forest’s Plan Revision Web site document in the planning process that Canada lynx was listed as a threatened at: www.fs.usda.gov/goto/flathead/fpr; identified and evaluated the existing species in 2000. Since that time, the information about the amendment is condition across the forest landscape); Flathead Forest Plan has been amended available at www.fs.usda.gov/goto/ changes in conditions and demands with the Northern Rockies Lynx flathead/gbamend. since the 1986 Forest Plan; and public Management Direction (USDA FS 2007), Individuals who use concerns to date. the USFWS designated and updated telecommunication devices for the deaf The 2012 Planning Rule, which Canada lynx critical habitat (USDI FWS (TDD) may call the Federal Information became effective May 9, 2012, requires 2009, 2014), and the Lynx Conservation Relay Service (FIRS) at 1–800–877–8339 inclusion of plan components, and Assessment Strategy has been between 8 a.m. and 8 p.m., Eastern including standards or guidelines, that updated (Lynx Biology Team 2013). Time, Monday through Friday. address social and economic Thus, the Forest Plan needs to integrate SUPPLEMENTARY INFORMATION: sustainability, ecosystem services, and recent and relevant information for multiple uses integrated with the plan Proposed Action Canada lynx to its plan. components for ecological sustainability Habitat conditions and management The Forest Service is preparing the and species diversity. Social and on the Flathead, Helena, Kootenai, Flathead National Forest revised land economic management direction is Lewis and Clark, and Lolo National management plan (forest plan) and an needed to provide people and Forests have contributed importantly to amendment to provide relevant communities with a range of social and the increased population size and direction from the North Continental economic benefits for present and future improved status of the grizzly bear Divide Ecosystem (NCDE) Grizzly Bear generations. As an example, since across the NCDE. Supporting a healthy, Conservation Strategy into the forest approval of the Flathead’s 1986 Forest recovered grizzly bear population will plans for the Helena, Kootenai, Lewis Plan, the role of timber harvest in depend on continued, effective and Clark and Lolo National Forests. meeting ecosystem management and management of the NCDE grizzly bear’s The full proposed action for the social and economic objectives has habitat. In 2013, the U.S. Fish and Flathead National Forest’s revised forest changed. The 2012 Planning Rule Wildlife Service’s announced the plan includes forest-wide, geographic requires the Forest to undertake a availability of a draft Grizzly Bear area, and management area desired process to identify lands within the plan Conservation Strategy for the NCDE conditions, objectives, standards, area for timber production suitability, population for public review and input. guidelines, and the suitability of lands and from this process, the Forest will When finalized, the Grizzly Bear for specific multiple uses, including, for develop plan components for lands Conservation Strategy will become the example, those lands suitable for timber suitable for timber production and for post-delisting management plan for the

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NCDE grizzly bear population and its part of the public involvement process, ecosystems and the Lolo National Forest habitat. By providing relevant direction the Forest Service led field trips and Plan spans three. The proposed action from the NCDE Grizzly Bear held open house sessions to discuss applies only to the NCDE. No changes Conservation Strategy into forest plans, existing information and trends related in forest plan direction are being the Forest Service will be able to to a variety of conditions found on the considered within the Cabinet-Yaak or demonstrate to the U.S. Fish and forest. The information acquired from Bitterroot recovery areas. Wildlife Service that adequate the public involvement process was This proposed action is programmatic regulatory mechanisms exist on national used to help develop the Flathead NF in nature and guides future forests within the NCDE to support a forest plan revision proposed action. implementation of site-specific projects. delisted grizzly bear population. Under Additional NEPA compliance would be Responsible Officials the transition provisions of the 2012 required for site-specific projects as part Forest Planning Rule (36 CFR 219.17), The responsible official who will of a two-stage decision making process an amendment to a plan that was approve the Record of Decision for the (Council of Environmental Quality approved or revised under a prior Flathead NF revised forest plan is regulations for implementing NEPA; 40 planning regulation, may be initiated Sharon Labreque, Acting Forest CFR 1508.23, 42 U.S.C. 4322(2)(C)), 36 under the provisions of the prior Supervisor for the Flathead National CFR 219.7(f)). planning regulation for 3 years after Forest, 650 Wolfpack Way, Kalispell, May 9, 2012, and may be completed and MT 59901, (406) 758–5208. The Scoping Process approved under those provisions (36 responsible officials who will approve This notice of intent initiates the CFR 219.17 (b)(2)). The proposal is to the Record of Decision for the scoping process, which guides the amend the Helena, Kootenai, Lewis and Amendment are: William Avey, Forest development of the EIS. We are seeking Clark and Lolo National Forest plans Supervisor for the Helena and Lewis your input to continue to develop the under the 1982 planning regulations in and Clark National Forests Supervisor’s Flathead NF revised plan and for NCDE effect prior to November 9, 2000 (see 36 Office, 2880 Skyway Drive, Helena, MT grizzly bear habitat management for the CFR parts 200 to 299, Revised as of July 59602, (406) 449–5201; Christopher S. four amendment forests. In addition to 1, 2000). Thus, under the transition Savage, Forest Supervisor for the requesting comments specific to the provisions of the 2012 Forest Planning Kootenai National Forest, 31374 U.S. Flathead NF proposed action, we are Rule, the Forest Service has the Highway 2, Libby, MT 59923–3022, also seeking comments regarding the opportunity to carry out the (406) 293–6211; and Timothy Garcia, potential list of species of conservation amendments concurrently with the Forest Supervisor for the Lolo National concern, the identified recommended Flathead forest plan revision. The Forest, 24 Fort Missoula Road, wilderness acres and eligible wild and Flathead planning team, in addition to Missoula, MT 59803, (406) 329–3750. scenic rivers, as well as other significant conducting the plan revision, is Nature of Decision To Be Made issues. coordinating the National The following community meetings Environmental Policy Act (NEPA) effort For the Flathead forest plan revision, are planned to provide additional for the amendment with the Kootenai, the responsible official will decide information and address questions Lolo, Lewis and Clark and Helena whether the required plan components related to the revision and amendment National Forests to ensure that adequate (desired conditions, objectives, proposed action: regulatory mechanisms for habitat standards, guidelines) are sufficient to • March 17, 2015, 5:30–7:30 p.m., protections specific to the de-listing of promote the ecological integrity and Flathead National Forest Supervisors the grizzly bear is consistent on sustainability of the Flathead National Office, 650 Wolfpack Way, Kalispell, National Forest System lands Forest’s ecosystems, watersheds, and MT 59901. throughout the NCDE. Finally, public diverse plant and animal communities. • March 19, 2015, 5:30–7:30 p.m., participation through scoping may In addition, the responsible official will Riverstone Family Lodge, 6370 US Hwy identify other needs for change that will decide if the plan provides sufficient 93N, Eureka, MT 59917. be considered during the plan revision. management guidance to contribute to • April 7, 2015, 5:30–7:30 p.m., social and economic sustainability, to Seeley Lake Community Center, Seely Public Involvment for the Flathead Plan provide people and communities with Lake, MT 59868. Revision ecosystem services and multiple uses • April 8, 2015, 5:30–7:30 p.m., Fort The Flathead National Forest began including a range of social, economic, Missoula Pavilion, Missoula, MT 59804. public participation when developing and ecological benefits for the present • April 9, 2015, 5:30–7:30 p.m., the Assessment of the Flathead National and into the future. Standards, Superior Ranger Station Conference Forest. To facilitate local participation, guidelines, and other direction related Room, Superior, MT 59872. the Forest contracted with the U.S. to conservation of threatened and • April 14, 2015, 5:30–7:30 p.m., Institute for Environmental Conflict endangered species, (e.g., the Canada Lincoln Community Hall, 404 Main St., Resolution in 2012 to develop a lynx, grizzly bear, bull trout, and water Lincoln, MT 59639. collaborative stakeholder engagement howellia) will be evaluated for the • April 15, 2015, 5:30–7:30 p.m., process. The Institute conducted Flathead National Forest in the EIS. Stage Stop Inn, 1005 Main Ave. North, assessments with Forest Service For the amendment component of the Choteau, MT 59422. employees and a representative group of proposed action, the responsible Changes to the meeting schedule will key stakeholders to determine their officials will decide whether desired be communicated on the Flathead willingness to engage in a collaborative conditions, standards, guidelines, and Forest Plan revision Web page at process convened by a neutral, third monitoring requirements relevant to www.fs.usda.gov/goto/flathead/fpr, as party. The Meridian Institute was national forest grizzly bear habitat well as the amendment Web site at selected to serve in that capacity and management in the NCDE are necessary www.fs.usda.gov/goto/flathead/ facilitated numerous topical work and appropriate to amend the Helena, gbamend. groups, an interagency group, and Lewis and Clark, Kootenai, and Lolo It is important that reviewers provide meetings to bring together all work forest plans. The Kootenai National their comments at such times and in groups and interested citizens. Also, as Forest Plan spans two grizzly bear such manner that they are useful to the

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agency’s preparation of the EIS. DEPARTMENT OF AGRICULTURE documents are shared with public Therefore, comments should be meeting participants. The agenda will provided prior to the close of the Forest Service include time for people to make oral comment period and should clearly statements of three minutes or less. Forest Resource Coordinating articulate the reviewer’s concerns and Individuals wishing to make an oral Committee contentions. Comments received in statement should submit a request in response to this solicitation, including AGENCY: Forest Service, USDA. writing 10 days before the planned meeting to be scheduled on the agenda. names and addresses of those who ACTION: Notice of meeting. comment, will be part of the public Anyone who would like to bring related record for this proposed action. SUMMARY: The Forest Resource matters to the attention of the Coordinating Committee (Committee) Committee may file written statements Decision Will Be Subject to Objection will meet via teleconference. The with the Committee staff before or after Committee is established consistent the meeting. Written comments and Only those individuals and entities with the Federal Advisory Committee time requests for oral comments must be who have submitted substantive formal Act of 1972 (FACA) (5 U.S.C. App. II), sent to Laurie Schoonhoven, 1400 comments related to the Flathead NF and the Food, Conservation, and Energy Independence Avenue SW., Mailstop plan revision and the four amendments Act of 2008 (the Act) (Pub. L. 110–246). 1123, Washington, DC 20250 or by during the opportunities provided for Additional information concerning the email to [email protected]. A public comment (beginning with this Committee, including the meeting summary of the meeting will be posted NOI), will be eligible to file an objection agenda, supporting documents and on the Web site listed above within 21 (36 CFR 219.53(a)). The decision to minutes, can be found by visiting the days after the meeting. approve the revised forest plan for the Committee’s Web site at http:// Meeting Accommodations: If you are Flathead National Forest and the www.fs.fed.us/spf/coop/frcc/. a person requiring reasonable amendment for the Helena, Lewis and DATES: The teleconference will be held accommodation, please make requests Clark, Kootenai, and Lolo National on March 17, 2015 from 12:00 p.m. to in advance for sign language Forests will be subject to the objection 1:00 p.m., Eastern Standard Time (EST). interpreting, assistive listening devices process identified in 36 CFR part 219 The meeting is subject to cancellation. or other reasonable accommodation for subpart B (219.50 to 219.62). For status of the meeting prior to access to the facility or proceedings by attendance, please contact the person contacting the person listed in the Documents Available for Review FOR FURTHER INFORMATION listed under FOR FURTHER INFORMATION section titled CONTACT. All reasonable The Flathead National Forest plan CONTACT. accommodation requests are managed revision Web site (www.fs.usda.gov/ ADDRESSES: The meeting will be held on a case by case basis. goto/flathead/fpr) provides the full text via teleconference. For anyone who Dated: March 2, 2015. of the proposed action, describing would like to attend the teleconference, preliminary desired conditions, please visit the Web site listed in the Patti Hirami, objectives, standards, guidelines, and SUMMARY section or contact Andrea Assistant Deputy Chief, State and Private other plan content; the 2014 Bedell-Loucks at [email protected] for Forestry. Assessment; summaries of the public further details. Written comments may [FR Doc. 2015–05195 Filed 3–5–15; 8:45 am] meetings and public meeting materials; be submitted as described under BILLING CODE 3411–15–P and public comments. The forest plan SUPPLEMENTARY INFORMATION. All amendment component of the proposed comments, including names and DEPARTMENT OF AGRICULTURE action for the Helena, Kootenai, Lewis addresses when provided, are placed in and Clark, and Lolo National Forests is the record and are available for public Food Safety and Inspection Service located at www.fs.usda.gov/goto/ inspection and copying. The public may inspect comments placed on the flathead/gbamend, which can be linked [Docket No. FSIS–2015–0003] from the individual Forest’s Web sites Committee’s Web site listed above. as well. The material available on these FOR FURTHER INFORMATION CONTACT: Notice of Request for a New sites may be updated or revised at any Andrea Bedell-Loucks, Designated Information Collection: Gathering time as part of the planning process. Federal Officer, Cooperative Forestry Sessions for Safe Food Handling staff, 202–205–1190. Individuals who Instructions The 2012 Planning Rule is explained use telecommunication devices for the in more detail on the Forest Service’s deaf (TDD) may call the Federal AGENCY: Food Safety and Inspection Web site at http://www.fs.usda.gov/ Information Relay Service (FIRS) at 1– Service, USDA. detail/planningrule/home/ 800–877–8339 between 8:00 a.m. and ACTION: Notice and request for ?cid=stelprdb5359471. The draft NCDE 8:00 p.m., Eastern Standard Time, comments. Grizzly Bear Conservation Strategy is Monday through Friday. SUMMARY: currently available on the U.S. Fish and SUPPLEMENTARY INFORMATION: The In accordance with the Wildlife Service’s Web site at http:// purpose of the meeting is to: Paperwork Reduction Act of 1995 and www.fws.gov/mountain-prairie/species/ 1. Finalize April meeting agenda— Office of Management and Budget mammals/grizzly/ topics, presentations and logisitics, and (OMB) regulations, the Food Safety and continentalindex.html. 2. National Association of Inspection Service (FSIS) is announcing Conservation Districts presentation on its intention to request a new Dated: February 26, 2015. information collection for a survey of Sharon Labreque, their national survey results. The teleconference is open to the consumers about safe food handling Acting Forest Supervisor, Flathead NF. public. However, the public is strongly instructions. [FR Doc. 2015–05054 Filed 3–5–15; 8:45 am] encouraged to RSVP prior to the DATES: Submit comments on or before BILLING CODE 3411–15–P teleconference to ensure all related May 5, 2015.

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ADDRESSES: FSIS invites interested The U.S. Department of Agriculture’s recommends only three internal persons to submit comments on this Food Safety and Inspection Service’s minimal temperatures: one for all information collection. Comments may Office of Public Affairs and Consumer poultry (165 °F), one for ground red be submitted by one of the following Education (USDA, FSIS, OPACE) meat (160 °F), and one for all whole- methods: ensures that all segments of the farm-to- muscle red meat (145 °F and hold for 3 • Federal eRulemaking Portal: This table chain receive valuable food safety minutes). With only three temperature Web site provides the ability to type information. The consumer education recommendations, the endpoint short comments directly into the programs developed by OPACE’s Food temperature information could be more comment field or attach a file for Safety Education Staff informs the easily incorporated into the safe- lengthier comments. Go to http:// public on how to safely handle, prepare, handling instructions through www.regulations.gov. Follow the on-line and store meat, poultry, and egg rulemaking than when the current instructions at that site for submitting products to minimize incidence of instructions were finalized in 1994. comments. foodborne illness. • Other possible changes to the safe- Mail, including CD–ROMs, etc.: Safe-handling instructions are handling instructions might include Send to Docket Clerk, U.S. Department required on a product if the product’s incorporating new icons developed and of Agriculture, Food Safety and meat or poultry component is raw or branded under USDA’s Food Safe Inspection Service, Docket Clerk, partially cooked (i.e., not considered Families campaign and providing a Web Patriots Plaza 3, 1400 Independence ready-to-eat) and if the product is link or phone number for more Avenue SW., Mailstop 3782, Room destined for household consumers or information on food safety. 8–163A, Washington, DC 20250–3700. institutional uses (9 CFR 317.2(l) [meat]; • Hand- or courier-delivered 9 CFR 381.125(b) [poultry]). FSIS The NACMPI Subcommittee on Food submittals: Deliver to Patriots Plaza 3, conducted consumer focus groups to Handling Labels recommended that 355 E Street SW., Room 8–163A, inform the design of the current safe- FSIS pursue changes in the existing Washington, DC 20250–3700. handling instructions in the regulations. safe-handling instructions in the Instructions: All items submitted by Since the final safe handling rule regulations and conduct consumer mail or electronic mail must include the became effective in 1994, the safe- testing to determine the effectiveness of Agency name and docket number FSIS– handling instructions have not been any revisions to the instructions. 2014–0003. Comments received in revised. To inform decisions about possible response to this docket will be made In response to inquiries from modifications to the safe-handling available for public inspection and consumer groups and other stakeholders instructions, FSIS is requesting approval posted without change, including any for more information about potential for a new information collection to personal information, to http:// changes to the safe-handling conduct consumer focus groups. These www.regulations.gov. instructions regulations, FSIS sent a focus groups will help FSIS understand Docket: For access to hard copies of letter, in November 2013, to consumer background documents or comments what information in the instructions groups, industry groups and academia could better enable consumers to safely received, you can visit the FSIS Docket posing questions about the current safe- Room at Patriots Plaza 3, 355 E Street handle and prepare raw and partially handling instructions and how to revise cooked meat and poultry at home. SW., Room 8–164, Washington, DC them. The stakeholder comments 20250–3700 between 8:00 a.m. and 4:30 supported the need for consumer testing FSIS has contracted with RTI p.m., Monday through Friday. of any changes to safe-handling International to conduct six consumer FOR FURTHER INFORMATION CONTACT: Lee instructions. FSIS presented a summary focus groups to gather information on W. Puricelli, Program Analyst, Food of the stakeholders suggestions to the consumers’ understanding and use of Safety and Inspection Service, USDA, National Advisory Committee on Meat the current safe-handling instructions 1400 Independence Avenue SW., Room and Poultry Inspection (NACMPI) in and responses to possible revisions to 6073, South Building, Washington, DC January 2014. the instructions. To provide geographic 20250. The feedback FSIS received from the diversity, FSIS will conduct two focus SUPPLEMENTARY INFORMATION: NACMPI meeting echoed the groups in three different geographic Title: Safe Food Handling Instructions stakeholders’ emphasis of the necessity locations each with two focus groups Survey. for consumer testing. In addition, (for a total of six). Locations will be Type of Request: New information NACMPI recommended that FSIS representative of three of the four main collection. should consider requiring crucial geographical areas of the country (East Abstract: The Food Safety and endpoint temperatures on the label. The Coast, South, Midwest, and West Coast). Inspection Service has been delegated current safe-handling instructions use In each location, FSIS will conduct one the authority to exercise the functions of ‘‘Cook Thoroughly’’ as a simple, single focus group with English-speaking the Secretary of Agriculture (7 CFR 2.18, statement appropriate to all products. adults and one focus group with 2.53) as specified in the Federal Meat This statement was used because, at the Spanish-speaking adults. The focus Inspection Act and the Poultry Products time of development, product label size groups will include individuals at-risk Inspection Act (21 U.S.C. 453 et. seq., limitations and many varying endpoint for foodborne illness (i.e., older adults, 601 et seq.). FSIS protects the public by temperatures prevented an easy to parents of young children, verifying that meat and poultry products understand label with endpoint cooking immunocompromised individuals or are wholesome, not adulterated, and temperatures. Instead of multiple their caregivers) as well as from the properly marked, labeled, and packaged. endpoint temperatures, FSIS now general population as seen in Table 1.

TABLE 1—FOCUS GROUP SUBPOPULATIONS

Group Subpopulation Language

1 ...... Parents of young children a ...... Spanish 2 ...... Immunocompromised b ...... English

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TABLE 1—FOCUS GROUP SUBPOPULATIONS—Continued

Group Subpopulation Language

3 ...... Older adults c ...... Spanish 4 ...... General population/less educated d ...... English 5 ...... General population/less educated d ...... Spanish 6 ...... Parents of young children ae ...... English a Parents/caregivers of children aged 5 years old and younger, including pregnant women. b Adults diagnosed with cancer, diabetes, or a condition that weakens the immune system or their adult caregiver. c Adults aged 60 years or older. d Adults aged 26 to 59 years old with a high school education or less. e Adults with a college degree or higher.

Estimate of Burden: FSIS plans to USDA Nondiscrimination Statement used to provide information regarding screen 480 individuals to obtain no No agency, officer, or employee of the FSIS policies, procedures, regulations, more than 60 focus group participants USDA shall, on the grounds of race, Federal Register notices, FSIS public (10 participants per group). Each color, national origin, religion, sex, meetings, and other types of information screening is expected to take 8 minutes gender identity, sexual orientation, that could affect or would be of interest (0.133 hour), and each focus group disability, age, marital status, family/ to our constituents and stakeholders. discussion is expected to last 1.45 parental status, income derived from a The Update is available on the FSIS hours. Before and after each group, public assistance program, or political Web page. Through the Web page, FSIS participants will be asked to complete a beliefs, exclude from participation in, is able to provide information to a much short survey; each survey will take deny the benefits of, or subject to broader, more diverse audience. In about 3 minutes (0.05 hour) to complete. discrimination any person in the United addition, FSIS offers an email Respondents: Consumers. States under any program or activity subscription service which provides Estimated No. of Respondents: 480. conducted by the USDA. automatic and customized access to selected food safety news and Estimated No. of Annual Responses How to File a Complaint of information. This service is available at: per Respondent: 1. Discrimination http://www.fsis.usda.gov/subscribe. Estimated Total Annual Burden on To file a complaint of discrimination, Respondents: 157 hours. Done at Washington, DC, on: March 3, complete the USDA Program 2015. Copies of this information collection Discrimination Complaint Form, which Alfred V. Almanza, assessment can be obtained from Gina is available online at http:// Acting Administrator. Kouba, Paperwork Reduction Act www.ocio.usda.gov/sites/default/files/ [FR Doc. 2015–05334 Filed 3–5–15; 8:45 am] Coordinator, Food Safety and Inspection docs/2012/Complain_combined_6_8_ Service, USDA, 1400 Independence, 12.pdf, or write a letter signed by you BILLING CODE P SW., Room 6077, South Building, or your authorized representative. Washington, DC 20250, (202)690–6510. Send your completed complaint form DEPARTMENT OF AGRICULTURE Comments are invited on: (a) Whether or letter to USDA by mail, fax, or email: the proposed collection of information Mail Submission for OMB Review; is necessary for the proper performance Comment Request of FSIS’s functions, including whether U.S. Department of Agriculture, the information will have practical Director, Office of Adjudication, 1400 March 2, 2015. Independence Avenue SW., utility; (b) the accuracy of FSIS’s The Department of Agriculture has Washington, DC 20250–9410. estimate of the burden of the proposed submitted the following information collection of information, including the Fax collection requirement(s) to OMB for validity of the methodology and (202) 690–7442. review and clearance under the assumptions used; (c) ways to enhance Paperwork Reduction Act of 1995, the quality, utility, and clarity of the Email Public Law 104–13. Comments information to be collected; and (d) [email protected]. regarding (a) whether the collection of ways to minimize the burden of the Persons with disabilities who require information is necessary for the proper collection of information, including alternative means for communication performance of the functions of the through the use of appropriate (Braille, large print, audiotape, etc.), agency, including whether the automated, electronic, mechanical, or should contact USDA’s TARGET Center information will have practical utility; other technological collection at (202) 720–2600 (voice and TDD). (b) the accuracy of the agency’s estimate techniques, or other forms of of burden including the validity of the information technology. Comments may Additional Public Notification methodology and assumptions used; (c) be sent to both FSIS, at the addresses Public awareness of all segments of ways to enhance the quality, utility and provided above, and the Desk Officer for rulemaking and policy development is clarity of the information to be Agriculture, Office of Information and important. Consequently, FSIS will collected; (d) ways to minimize the Regulatory Affairs, Office of announce this Federal Register burden of the collection of information Management and Budget, Washington, publication on-line through the FSIS on those who are to respond, including DC 20253. Web page located at: http:// through the use of appropriate Responses to this notice will be www.fsis.usda.gov/federal-register. automated, electronic, mechanical, or summarized and included in the request FSIS also will make this Federal other technological collection for OMB approval. All comments will Register publication available through techniques and other forms of also become a matter of public record. the FSIS Constituent Update, which is information technology.

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Comments regarding this information standard supporting documentation for impairments may also follow the collection received by April 6, 2015 will the activity, and cooperator’s business proceedings by first calling the Federal be considered. Written comments information. Without the collected Relay Service at 1–800–977–8339 and should be addressed to: Desk Officer for information the FS would not be able to providing the Service with the Agriculture, Office of Information and create, develop, and administer the conference call number and conference Regulatory Affairs, Office of Good Neighbor Agreements. The ID number. Management and Budget (OMB), New Agency would be unable to develop or Member of the public are also entitled Executive Office Building, 725 17th monitor projects, make payments, or Street NW., Washington, DC 20503. identify financial and accounting errors. to submit written comments; the Commentors are encouraged to submit Description of Respondents: States comments must be received in the their comments to OMB via email to: and Commonwealth of Puerto Rico. regional office by April 25, 2015. [email protected] or fax Number of Respondents: 51. Written comments may be mailed to the (202) 395–5806 and to Departmental Frequency of Responses: One time. Midwestern Regional Office, U.S. Clearance Office, USDA, OCIO, Mail Total Burden Hours: 200. Commission on Civil Rights, 55 W. Stop 7602, Washington, DC 20250– Monroe St., Suite 410, Chicago, IL 7602. Copies of the submission(s) may Charlene Parker, 60615. They may also be faxed to the be obtained by calling (202) 720–8681. Departmental Information Collection Commission at (312) 353–8324, or An agency may not conduct or Clearance Officer. emailed to Administrative Assistant, sponsor a collection of information [FR Doc. 2015–05266 Filed 3–5–15; 8:45 am] Carolyn Allen at [email protected]. unless the collection of information BILLING CODE 3411–15–P Persons who desire additional displays a currently valid OMB control information may contact the number and the agency informs Midwestern Regional Office at (312) potential persons who are to respond to COMMISSION ON CIVIL RIGHTS 353–8311. the collection of information that such persons are not required to respond to Notice of Public Meeting of the Kansas Records generated from this meeting the collection of information unless it Advisory Committee To Hear may be inspected and reproduced at the displays a currently valid OMB control Testimony on Seclusion and Restraint Midwestern Regional Office, as they number. of Children With Disabilities in Kansas become available, both before and after Schools the meeting. Records of the meeting will Forest Service be available via www.facadatabase.gov Title: Good Neighbor Agreements AGENCY: U.S. Commission on Civil under the Commission on Civil Rights, with State Cooperators. Rights. Kansas Advisory Committee link. OMB Control Number: 0596—NEW. ACTION: Notice of meeting. Persons interested in the work of this Summary of Collection: The Forest Committee are directed to the SUMMARY: Notice is hereby given, Service (FS) is authorized under the Commission’s Web site, http:// Agricultural Act of 2014, Public Law pursuant to the provisions of the rules www.usccr.gov, or may contact the 113–79 section 8206 and the and regulations of the U.S. Commission Midwestern Regional Office at the above amendment to the original Colorado on Civil Rights (Commission) and the email or street address. version of the Good Neighbor Authority Federal Advisory Committee Act that in the Omnibus Appropriations Act of the Kansas Advisory Committee Agenda 2014, Public Law 113–76 section 417 to (Committee) will hold a meeting on perform specific activities in Wednesday, March 25, 2015, at 12:00 Welcome and Introductions p.m. CST for the purpose of hearing cooperation with State partners. These 12:00 p.m. to 12:05 p.m.—Elizabeth testimony from a balanced panel of authorities encourage the FS to enter Kronk Warner, Chair into Good Neighbor Agreements with interested parties on seclusion and the States, the Commonwealth of Puerto restraint of children with disabilities in Panel Testimony on Seclusion and Rico, and State Forestry Agencies to Kansas schools. An open session will be Restraint in Kansas schools carry out authorized forest, rangeland, available at the end of the meeting for and watershed restoration and members of the public who call in to 12:05 p.m. to 1:15 p.m. protective services when similar and make a statement. Open Session complementary projects are being Members of the public can listen to performed on adjacent State or private the discussion. This meeting is available 1:15 p.m. to 1:30 p.m. lands, and on and off National Forest to the public through the following toll- System (NFS) lands. http:// free call-in number: 888–572–7033, Adjournment www.fs.fed.us/farmbill/gna.shtml. The conference ID: 8127019. Any interested 1:30 p.m. FS will maintain its land management member of the public may call this responsibilities for all projects that take number and listen to the meeting. The DATES: The meeting will be held on place on NFS lands. conference call operator will ask callers Wednesday, March 25, 2015, at 12:00 Need and Use of the Information: to identify themselves, the organization p.m. Good Neighbor Agreements are they are affiliated with (if any), and an Public Call Information: considered cooperative agreements email address prior to placing callers which permit the FS to work into the conference room. Callers can Dial: 888–572–7033. collaboratively with willing State expect to incur charges for calls they Conference ID: 8127019. agencies. FS will use a combination of initiate over wireless lines, and the Dated: March 2, 2015. agreement templates and federal Commission will not refund any financial assistance forms. Required incurred charges. Callers will incur no David Mussatt, information will be collected in the charge for calls they initiate over land- Chief, Regional Programs Unit. agreements, project type, project scope, line connections to the toll-free [FR Doc. 2015–05167 Filed 3–5–15; 8:45 am] financial plan, statement of work, telephone number. Persons with hearing BILLING CODE 6335–01–P

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DEPARTMENT OF COMMERCE The Final Plan expert consensus. In some cases, the Recovery plans describe actions current best available information is so National Oceanic and Atmospheric beneficial for the conservation and limited that it is not practicable to Administration recovery of species listed under the identify recovery criteria. Instead, RIN 0648–XC598 ESA. Section 4(f)(1) of the ESA requires interim criteria are identified to gather that recovery plans incorporate, to the and obtain the information necessary to Endangered and Threatened Species; maximum extent practicable: (1) establish final recovery criteria. Availability of the Final Recovery Plan Objective, measurable criteria which, Recovery criteria can be viewed as for Staghorn and Elkhorn Corals when met, would result in a targets, or values, by which progress determination that the species is no toward achievement of recovery AGENCY: National Marine Fisheries objectives can be measured. In the Plan Service, National Oceanic and longer threatened or endangered; (2) site-specific management actions we frame recovery criteria both in terms Atmospheric Administration, of population parameters (Population- necessary to achieve the Plan’s goals; Commerce. based Recovery Criteria) and the five and (3) estimates of the time required ESA listing factors (Threat-based ACTION: Notice of availability. and costs to implement recovery Recovery Criteria). The Plan also actions. The ESA requires the SUMMARY: The National Marine includes the projected timeframe to development of recovery plans for each Fisheries Service (NMFS) announces the recover elkhorn and staghorn corals and listed species unless a recovery plan adoption of a Final Endangered Species the cost of implementing actions. Act recovery plan for elkhorn coral and would not promote a species’ staghorn coral. The Final Recovery Plan conservation. Conclusion (Plan) for Elkhorn Coral (Acropora The purpose of the Plan is to rebuild NMFS has reviewed the Plan for palmata) and Staghorn Coral (Acropora and assure the long-term viability of compliance with the requirements of cervicornis) is now available. elkhorn and staghorn coral populations ESA section 4(f), determined that it does in the wild, allowing ultimately for the ADDRESSES: Electronic copies of the incorporate the required elements, and species’ removal from the federal list of is therefore adopting it as the Final Plan are available on the NMFS Web endangered and threatened species. The site at http://www.nmfs.noaa.gov/pr/ Recovery Plan for elkhorn and staghorn goal of the Plan is to increase the corals. recovery/plans.htm and on the abundance and to protect the genetic Southeast Regional Office Web site at Authority: 16 U.S.C. 1531 et seq. _ diversity of elkhorn and staghorn coral http://sero.nmfs.noaa.gov/protected populations throughout their Dated: March 3, 2015. resources/coral/. geographical ranges while sufficiently Angela Somma, A copy of the Plan can be obtained by abating threats to warrant delisting of Chief, Endangered Species Conservation writing to: Assistant Regional both species. Elkhorn and staghorn coral Division, Office of Protected Resources, Administrator for Protected Resources, populations should be large enough to National Marine Fisheries Service. NMFS, Southeast Regional Office, 263 include numerous groups of [FR Doc. 2015–05192 Filed 3–5–15; 8:45 am] 13th Avenue South, St. Petersburg, FL successfully reproducing individuals, BILLING CODE 3510–22–P 33701, Attn: Acropora Recovery Plan. including thickets, across the historical FOR FURTHER INFORMATION CONTACT: range of these species. These groups Alison Moulding (727–824–5312), email should be large enough to protect DEPARTMENT OF COMMERCE [email protected]. genetic diversity and maintain National Oceanic and Atmospheric SUPPLEMENTARY INFORMATION: ecosystem function. The recovery approach includes research and Administration Background monitoring to identify, reduce, or Proposed Information Collection; The Endangered Species Act of 1973 eliminate threats so the recovery Comment Request; Submission of (ESA), as amended (16 U.S.C. 1531 et objectives outlined in the Plan have the Conservation Efforts To Make Listings seq.) requires NMFS to develop and greatest likelihood of being achieved. Unnecessary Under the Endangered implement recovery plans for the Because some threats to elkhorn and Species Act conservation and survival of threatened staghorn corals cannot be directly and endangered species, unless it is managed (e.g., disease), the Plan AGENCY: National Oceanic and determined that such plans would not pursues concurrent actions to address Atmospheric Administration (NOAA), result in the conservation of the species. both global and local threats. Population Commerce. NMFS designated elkhorn and staghorn enhancement is also an integral part of ACTION: Notice. corals as ‘‘threatened’’ under the ESA in elkhorn and staghorn recovery through May 2006. In September 2014, NMFS restoration, restocking, and active SUMMARY: The Department of published a final rule maintaining the management. Ecosystem-level actions Commerce, as part of its continuing status of elkhorn and staghorn corals as are identified to improve habitat quality effort to reduce paperwork and threatened species. NMFS published a and restore community structure and respondent burden, invites the general Notice of Availability and requested ecological functions, such as herbivory, public and other Federal agencies to public comments on the Draft Recovery to sustain adult colonies and enable take this opportunity to comment on Plan for Elkhorn Coral and Staghorn successful recruitment in the wild over proposed and/or continuing information Coral (Draft Plan) in the Federal the long term. The goal, objectives, and collections, as required by the Register on September 5, 2014. We criteria of the Plan represent NMFS’ Paperwork Reduction Act of 1995. revised the Draft Plan based on the expectation of conditions to recover DATES: Written comments must be comments received, and this final elkhorn and staghorn corals so they no submitted on or before May 5, 2015. version now constitutes the Recovery longer need the protective measures ADDRESSES: Direct all written comments Plan for Elkhorn Coral (Acropora provided by the ESA. to Jennifer Jessup, Departmental palmata) and Staghorn Coral (Acropora The recovery criteria in the Plan are Paperwork Clearance Officer, cervicornis). based on the current literature and Department of Commerce, Room 6616,

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14th and Constitution Avenue NW., of the functions of the agency, including to antidumping duties. If these Washington, DC 20230 (or via the whether the information shall have preliminary results are adopted in the Internet at [email protected]). practical utility; (b) the accuracy of the final results of this review, we will FOR FURTHER INFORMATION CONTACT: agency’s estimate of the burden instruct U.S. Customs and Border Requests for additional information or (including hours and cost) of the Protection (CBP) to assess antidumping copies of the information collection proposed collection of information; (c) duties on all appropriate entries. We instrument and instructions should be ways to enhance the quality, utility, and invite all interested parties to comment directed to Marta Nammack, (301) 427– clarity of the information to be on these preliminary results. collected; and (d) ways to minimize the 8469 or [email protected]. DATES: Effective Date: March 6, 2015. SUPPLEMENTARY INFORMATION: burden of the collection of information on respondents, including through the FOR FURTHER INFORMATION CONTACT: I. Abstract use of automated collection techniques Stephen Banea or Blaine Wiltse, AD/ This request is for extension of a or other forms of information CVD Operations, Office II, Enforcement currently approved information technology. and Compliance, International Trade collection. Comments submitted in response to Administration, U.S. Department of On March 28, 2003, the National this notice will be summarized and/or Commerce, 14th Street and Constitution Marine Fisheries Service (NMFS) and included in the request for OMB Avenue NW., Washington, DC 20230; the U.S. Fish and Wildlife Service approval of this information collection; telephone: (202) 482–0656, or (202) (Services) announced a final policy on they also will become a matter of public 482–6345, respectively. the criteria the Services will use to record. SUPPLEMENTARY INFORMATION: evaluate conservation efforts by states Dated: March 3, 2015. and other non-Federal entities (68 FR Sarah Brabson, Scope of the Order 15100). The Services take these efforts NOAA PRA Clearance Officer. into account when making decisions on The merchandise subject to the order whether to list a species as threatened [FR Doc. 2015–05230 Filed 3–5–15; 8:45 am] is certain frozen warmwater shrimp.2 or endangered under the Endangered BILLING CODE 3510–22–P The product is currently classified Species Act. The efforts usually involve under the following Harmonized Tariff Schedule of the United States (HTSUS) the development of a conservation plan DEPARTMENT OF COMMERCE or agreement, procedures for monitoring item numbers: 0306.17.00.03, 0306.17.00.06, 0306.17.00.09, the effectiveness of the plan or International Trade Administration agreement, and an annual report. 0306.17.00.12, 0306.17.00.15, [A–533–840] 0306.17.00.18, 0306.17.00.21, II. Method of Collection 0306.17.00.24, 0306.17.00.27, NMFS does not require, but will Certain Frozen Warmwater Shrimp 0306.17.00.40, 1605.21.10.30, and accept, plans and reports electronically. from India: Preliminary Results of 1605.29.10.10. Although the HTSUS NMFS has not developed a form to be Antidumping Duty Administrative numbers are provided for convenience used for submission of plans or reports. Review; 2013–2014 and for customs purposes, the written product description remains dispositive. In the past, NMFS has made plans and AGENCY: Enforcement and Compliance, annual reports from states available International Trade Administration, Methodology through the Internet and plans to Department of Commerce. continue this practice. SUMMARY: The Department of Commerce The Department conducted this III. Data (Department) is conducting an review in accordance with section administrative review of the 751(a)(2) of the Tariff Act of 1930, as OMB Control Number: 0648–0466. amended (the Act). Export price is Form Number: None. antidumping duty order on certain frozen warmwater shrimp (shrimp) from calculated in accordance with section Type of Review: Regular submission 772 of the Act. Normal value is (extension of a currently approved India. The review covers 211 producers and/or exporters of the subject calculated in accordance with section collection). 773 of the Act. Affected Public: Business or other for- merchandise. The Department selected profit organizations; State, local or tribal two mandatory respondents for For a full description of the governments. individual examination, Devi Fisheries methodology underlying our Estimated Number of Respondents: 3. Limited (Devi Fisheries) 1 and Falcon conclusions, see the Preliminary Estimated Time Per Response: 2,500 Marine Exports Limited and its affiliate Decision Memorandum. The hours to complete each agreement or K.R. Enterprises (collectively, Falcon). Preliminary Decision Memorandum is a plan that has the intention of making The period of review (POR) is February public document and is on file listing unnecessary; 320 hours to 1, 2013, through January 31, 2014. We electronically via Enforcement and conduct monitoring for successful preliminarily determine that sales to the Compliance’s Antidumping and agreements; and 80 hours to prepare a United States have been made below Countervailing Duty Centralized report for successful agreements. normal value and, therefore, are subject Estimated Total Annual Burden 2 For a complete description of the Scope of the Hours: 3,300. 1 The Department collapsed Devi Fisheries, Satya Order, see the memorandum from Christian Marsh, Estimated Total Annual Cost to Seafoods Private Limited and Usha Seafoods during Deputy Assistant Secretary for Antidumping and the 2011–2012 administrative review. See Certain Countervailing Duty Operations, to Paul Piquado, Public: $150 in recordkeeping/reporting Frozen Warmwater Shrimp from India; Preliminary Assistant Secretary for Enforcement and costs. Results of Antidumping Duty Administrative Compliance, entitled, ‘‘Decision Memorandum for Review; 2011–2012, 78 FR 15691 (March 12, 2013), the Preliminary Results of the 2013–2014 IV. Request for Comments unchanged in Certain Frozen Warmwater Shrimp Administrative Review of the Antidumping Duty from India: Final Results of Antidumping Duty Order on Certain Frozen Warmwater Shrimp from Comments are invited on: (a) Whether Administrative Review and Final No Shipment India’’ (dated concurrently with these results) the proposed collection of information Determination; 2011–2012, 78 FR 42492 (July 16, (Preliminary Decision Memorandum), which is is necessary for the proper performance 2013). hereby adopted by this notice.

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Electronic Service System (ACCESS).3 index.html. The signed Preliminary Preliminary Results of the Review ACCESS is available to registered users Decision Memorandum and the at http://access.trade.gov and in the electronic version of the Preliminary As a result of this review, we Central Records Unit, Room 7046 of the Decision Memorandum are identical in preliminarily determine that weighted- main Department of Commerce content. A list of the topics discussed in average dumping margins exist for the building. In addition, a complete the Preliminary Decision Memorandum respondents for the period February 1, version of the Preliminary Decision is attached as the Appendix to this 2013, through January 31, 2014, as Memorandum can be accessed directly notice. follows: at http://enforcement.trade.gov/frn/

Percent Manufacturer/exporter margin

Devi Fisheries Limited/Satya Seafoods Private Limited/Usha Seafoods 4 ...... 3.28 Falcon Marine Exports Limited/K.R. Enterprises ...... 2.63

Review-Specific Average Rate Applicable to the Following Companies: 5

Manufacturer/exporter Percent margin

Abad Fisheries ...... 2.96 Accelerated Freeze-Drying Co ...... 2.96 Adilakshmi Enterprises ...... 2.96 Akshay Food Impex Private Limited ...... 2.96 Allana Frozen Foods Pvt. Ltd ...... 2.96 Allanasons Ltd ...... 2.96 AMI Enterprises ...... 2.96 Amulya Seafoods ...... 2.96 Anand Aqua Exports ...... 2.96 Ananda Aqua Applications/Ananda Aqua Exports (P) Limited/Ananda Foods ...... 2.96 Ananda Enterprises (India) Private Limited ...... 2.96 Andaman Sea Foods Pvt. Ltd ...... 2.96 Angelique Intl ...... 2.96 Anjaneya Seafoods ...... 2.96 Apex Frozen Foods Private Limited ...... 2.96 Arvi Import & Export ...... 2.96 Asvini Exports ...... 2.96 Asvini Fisheries Private Limited ...... 2.96 Avanti Feeds Limited ...... 2.96 Ayshwarya Seafood Private Limited ...... 2.96 Baby Marine Exports ...... 2.96 Baby Marine International ...... 2.96 Baby Marine Sarass ...... 2.96 Balasore Marine Exports Private Limited ...... 2.96 Bhatsons Aquatic Products ...... 2.96 Bhavani Seafoods ...... 2.96 Bijaya Marine Products ...... 2.96 Blue Fin Frozen Foods Pvt. Ltd ...... 2.96 Blue Water Foods & Exports P. Ltd ...... 2.96 Bluefin Enterprises ...... 2.96 Bluepark Seafoods Private Ltd ...... 2.96 BMR Exports ...... 2.96 Britto Exports ...... 2.96 C P Aquaculture (India) Ltd ...... 2.96

3 On November 24, 2014, Enforcement and Preliminary Results of Antidumping Duty normal methodology of calculating a weighted- Compliance changed the name of Enforcement and Administrative Review; 2011–2012, 78 FR 15691 average margin due to requests to protect business Compliance’s AD and CVD Centralized Electronic (March 12, 2013), unchanged in Certain Frozen proprietary information, we find this rate to be the Service System (IA ACCESS) to AD and CVD Warmwater Shrimp from India: Final Results of best proxy of the actual weighted-average margin Centralized Electronic Service System (ACCESS). Antidumping Duty Administrative Review and determined for the mandatory respondents. See Ball The Web site location was changed from http:// Final No Shipment Determination; 2011–2012, 78 Bearings and Parts Thereof From France, et al.: iaaccess.trade.gov to http://access.trade.gov. The FR 42492 (July 16, 2013). See also Certain Frozen Final Results of Antidumping Duty Administrative Final Rule changing the references in the Warmwater Shrimp from India and Thailand: Department’s regulations can be found at 79 FR Notice of Initiation of Antidumping Duty Reviews, Final Results of Changed-Circumstances 69046 (November 20, 2014). Administrative Reviews, 79 FR 18510 (April 2, Review, and Revocation of an Order in Part, 75 FR 4 In the Initiation Notice, Satya Seafoods Private 2014) (Initiation Notice). We hereby clarify that we 53661, 53663 (September 1, 2010); see also the Limited (Satya) and Usha Seafoods (Usha) were are reviewing these companies as part of the Devi memorandum from Blaine Wiltse, Senior inadvertently listed both as part of Devi Fisheries Fisheries Group, and we hereinafter refer to the International Trade Compliance Analyst, to the file, Limited and as separate companies. The Devi Fisheries Group as Devi Fisheries. entitled, ‘‘Calculation of the Review-Specific Department collapsed Devi Fisheries, Satya, and 5 This rate is based on the simple average of the Average Rate in the 2013–2014 Administrative Usha during the 2011–2012 administrative review. margins calculated for those companies selected for Review of Certain Frozen Warmwater Shrimp from See Certain Frozen Warmwater Shrimp from India; individual review. Because we cannot apply our India’’ (dated concurrently with these results).

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Percent Manufacturer/exporter margin

Calcutta Seafoods Pvt. Ltd ...... 2.96 Canaan Marine Products ...... 2.96 Capithan Exporting Co ...... 2.96 Castlerock Fisheries Ltd ...... 2.96 Chemmeens (Regd) ...... 2.96 Cherukattu Industries (Marine Div.) ...... 2.96 Choice Canning Company ...... 2.96 Choice Trading Corporation Private Limited ...... 2.96 Coastal Aqua ...... 2.96 Coastal Corporation Ltd ...... 2.96 Cochin Frozen Food Exports Pvt. Ltd ...... 2.96 Coreline Exports ...... 2.96 Corlim Marine Exports Pvt. Ltd ...... 2.96 D2 D Logistics Private Limited ...... 2.96 Damco India Private Limited ...... 2.96 Delsea Exports Pvt. Ltd ...... 2.96 Devi Marine Food Exports Private Ltd./Kader Exports Private Limited/Kader Investment and Trading Company Private Limited/ Liberty Frozen Foods Pvt. Ltd./Liberty Oil Mills Ltd./Premier Marine Products Private Limited/ 6 Universal Cold Storage Private Limited ...... 2.96 Devi Sea Foods Limited 7 ...... 2.96 Diamond Seafood Exports/Edhayam Frozen Foods Pvt. Ltd./Kadalkanny Frozen Foods/Theva & Company ...... 2.96 Digha Seafood Exports ...... 2.96 Esmario Export Enterprises ...... 2.96 Exporter Coreline Exports ...... 2.96 Five Star Marine Exports Private Limited ...... 2.96 Forstar Frozen Foods Pvt. Ltd ...... 2.96 Frontline Exports Pvt. Ltd ...... 2.96 G A Randerian Ltd ...... 2.96 Gadre Marine Exports ...... 2.96 Galaxy Maritech Exports P. Ltd ...... 2.96 Gayatri Seafoods ...... 2.96 Geo Aquatic Products (P) Ltd ...... 2.96 Geo Seafoods ...... 2.96 Goodwill Enterprises ...... 2.96 Grandtrust Overseas (P) Ltd ...... 2.96 GVR Exports Pvt. Ltd ...... 2.96 Haripriya Marine Export Pvt. Ltd ...... 2.96 Harmony Spices Pvt. Ltd ...... 2.96 HIC ABF Special Foods Pvt. Ltd ...... 2.96 Hindustan Lever, Ltd ...... 2.96 Hiravata Ice & Cold Storage ...... 2.96 Hiravati Exports Pvt. Ltd ...... 2.96 Hiravati International P. Ltd. (located at APM—Mafco Yard, Sector—18, Vashi, Navi, Mumbai—400 705, India) ...... 2.96 Hiravati International Pvt. Ltd. (located at Jawar Naka, Porbandar, Gujarat, 360 575, India) ...... 2.96 IFB Agro Industries Ltd ...... 2.96 Indian Aquatic Products ...... 2.96 Indo Aquatics ...... 2.96 Innovative Foods Limited ...... 2.96 International Freezefish Exports ...... 2.96 Interseas ...... 2.96 ITC Limited, International Business ...... 2.96 ITC Ltd ...... 2.96 Jagadeesh Marine Exports ...... 2.96 Jaya Satya Marine Exports ...... 2.96 Jaya Satya Marine Exports Pvt. Ltd ...... 2.96 Jayalakshmi Sea Foods Private Limited ...... 2.96 Jinny Marine Traders ...... 2.96 Jiya Packagings ...... 2.96 K R M Marine Exports Ltd ...... 2.96 K V Marine Exports ...... 2.96 Kalyan Aqua & Marine Exports India Pvt. Ltd ...... 2.96 Kalyanee Marine ...... 2.96 Kanch Ghar ...... 2.96 Kay Kay Exports ...... 2.96 Kings Marine Products ...... 2.96 KNC Agro Pvt. Ltd ...... 2.96 Koluthara Exports Ltd ...... 2.96 Konark Aquatics & Exports Pvt. Ltd ...... 2.96 Landauer Ltd ...... 2.96 Libran Cold Storages (P) Ltd ...... 2.96 Lighthouse Trade Links Pvt. Ltd ...... 2.96 Magnum Estates Limited ...... 2.96 Magnum Export ...... 2.96

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Percent Manufacturer/exporter margin

Magnum Sea Foods Limited ...... 2.96 Malabar Arabian Fisheries ...... 2.96 Malnad Exports Pvt. Ltd ...... 2.96 Mangala Marine Exim India Pvt. Ltd ...... 2.96 Mangala Sea Products ...... 2.96 Mangala Seafoods ...... 2.96 Meenaxi Fisheries Pvt. Ltd ...... 2.96 MSC Marine Exporters ...... 2.96 MSRDR Exports ...... 2.96 Munnangi Sea Foods (Pvt) Ltd. 8 ...... 2.96 MTR Foods ...... 2.96 N.C. John & Sons (P) Ltd ...... 2.96 Naga Hanuman Fish Packers ...... 2.96 Naik Frozen Foods Private Limited ...... 2.96 Naik Seafoods Ltd ...... 2.96 Navayuga Exports ...... 2.96 Nekkanti Sea Foods Limited ...... 2.96 Nezami Rekha Sea Food Private Limited ...... 2.96 NGR Aqua International ...... 2.96 Nila Sea Foods Pvt. Ltd ...... 2.96 Nine Up Frozen Foods ...... 2.96 Nutrient Marine Foods Limited ...... 2.96 Overseas Marine Export ...... 2.96 Paragon Sea Foods Pvt. Ltd ...... 2.96 Parayil Food Products Pvt. Ltd ...... 2.96 Penver Products Pvt. Ltd ...... 2.96 Pesca Marine Products Pvt. Ltd ...... 2.96 Pijikay International Exports P Ltd ...... 2.96 Pisces Seafood International ...... 2.96 Premier Exports International ...... 2.96 Premier Marine Foods ...... 2.96 Premier Seafoods Exim (P) Ltd ...... 2.96 R V R Marine Products Limited ...... 2.96 Raa Systems Pvt. Ltd ...... 2.96 Raju Exports ...... 2.96 Ram’s Assorted Cold Storage Ltd ...... 2.96 Raunaq Ice & Cold Storage ...... 2.96 Raysons Aquatics Pvt. Ltd ...... 2.96 Razban Seafoods Ltd ...... 2.96 RBT Exports ...... 2.96 RDR Exports ...... 2.96 Riviera Exports Pvt. Ltd ...... 2.96 Rohi Marine Private Ltd ...... 2.96 S & S Seafoods ...... 2.96 S. A. Exports ...... 2.96 S Chanchala Combines ...... 2.96 Safa Enterprises ...... 2.96 Sagar Foods ...... 2.96 Sagar Grandhi Exports Private Limited ...... 2.96 Sagar Samrat Seafoods ...... 2.96 Sagarvihar Fisheries Pvt. Ltd ...... 2.96 Sai Marine Exports Pvt. Ltd ...... 2.96 Sai Seafoods ...... 2.96 Sanchita Marine Products Private Limited ...... 2.96 Sandhya Aqua Exports ...... 2.96 Sandhya Aqua Exports Pvt. Ltd ...... 2.96 Sandhya Marines Limited ...... 2.96 Santhi Fisheries & Exports Ltd ...... 2.96 Sarveshwari Exports ...... 2.96 Sawant Food Products ...... 2.96 Sea Foods Private Limited ...... 2.96 Seagold Overseas Pvt. Ltd ...... 2.96 Selvam Exports Private Limited ...... 2.96 Sharat Industries Ltd ...... 2.96 Shimpo Exports Pvt. Ltd ...... 2.96 Shippers Exports ...... 2.96 Shiva Frozen Food Exp. Pvt. Ltd ...... 2.96 Shree Datt Aquaculture Farms Pvt. Ltd ...... 2.96 Shroff Processed Food & Cold Storage P Ltd ...... 2.96 Silver Seafood ...... 2.96 Sita Marine Exports ...... 2.96 Sowmya Agri Marine Exports ...... 2.96 Sprint Exports Pvt. Ltd ...... 2.96

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Percent Manufacturer/exporter margin

Sri Chandrakantha Marine Exports ...... 2.96 Sri Sakkthi Cold Storage ...... 2.96 Sri Sakthi Marine Products P Ltd ...... 2.96 Sri Satya Marine Exports ...... 2.96 Sri Venkata Padmavathi Marine Foods Pvt. Ltd ...... 2.96 Srikanth International ...... 2.96 SSF Ltd ...... 2.96 Star Agro Marine Exports Private Limited ...... 2.96 Star Organic Foods Incorporated ...... 2.96 Sun-Bio Technology Ltd ...... 2.96 Supran Exim Private Limited ...... 2.96 Suryamitra Exim Pvt. Ltd ...... 2.96 Suvarna Rekha Exports Private Limited ...... 2.96 Suvarna Rekha Marines P Ltd ...... 2.96 TBR Exports Pvt Ltd ...... 2.96 Teekay Marine P. Ltd ...... 2.96 Tejaswani Enterprises ...... 2.96 The Waterbase Ltd ...... 2.96 Triveni Fisheries P Ltd ...... 2.96 Uniloids Biosciences Private Limited ...... 2.96 Uniroyal Marine Exports Ltd ...... 2.96 Unitriveni Overseas ...... 2.96 V.S Exim Pvt Ltd ...... 2.96 Vasista Marine ...... 2.96 Veejay Impex ...... 2.96 Victoria Marine & Agro Exports Ltd ...... 2.96 Vinner Marine ...... 2.96 Vishal Exports ...... 2.96 Wellcome Fisheries Limited ...... 2.96 West Coast Frozen Foods Private Limited ...... 2.96 Z A Sea Foods Pvt. Ltd ...... 2.96

Disclosure and Public Comment briefs, limited to issues raised in the final results of this administrative The Department intends to disclose to case briefs, may be filed not later than review, including the results of its five days after the date for filing case analysis of issues raised in any written interested parties the calculations 10 performed in connection with these briefs. Parties who submit case briefs briefs, not later than 120 days after the preliminary results within five days of or rebuttal briefs in this proceeding are date of publication of this notice, encouraged to submit witheach the date of publication of this notice.9 pursuant to section 751(a)(3)(A) of the argument: (1) A statement of the issue; Pursuant to 19 CFR 351.309(c), Act. (2) a brief summary of the argument; interested parties may submit case briefs and (3) a table of authorities.11 Case and Assessment Rates not later than 30 days after the date of rebuttal briefs should be filed using publication of this notice. Rebuttal 12 Upon completion of the ACCESS. administrative review, the Department Pursuant to 19 CFR 351.310(c), 6 shall determine, and CBP shall assess, On December 2, 2014, Premier Marine Products interested parties who wish to request a Private Limited was found to be the successor-in- antidumping duties on all appropriate hearing, or to participate if one is interest to Premier Marine Products. See Notice of entries, in accordance with 19 CFR requested, must submit a written Final Results of Antidumping Duty Changed 351.212(b)(1). Circumstances Review: Certain Frozen Warmwater request to the Assistant Secretary for Shrimp from India, 79 FR 71384 (December 2, Enforcement and Compliance, filed Pursuant to 19 CFR 351.212(b)(1), 2014). electronically via ACCESS. An because Devi Fisheries and Falcon 7 Shrimp produced and exported by Devi Sea Foods (Devi) was excluded from this order effective electronically-filed document must be reported the entered value for all of February 1, 2009. See Certain Frozen Warmwater received successfully in its entirety by their U.S. sales, we have calculated Shrimp From India: Final Results of Antidumping the Department’s electronic records importer-specific ad valorem duty Duty Administrative Review, Partial Rescission of system, ACCESS, by 5 p.m. Eastern assessment rates based on the ratio of Review, and Notice of Revocation of Order in Part, 75 FR 41813, 41814 (July 19, 2010). However, Standard Time within 30 days after the the total amount of antidumping duties shrimp produced by other Indian producers and date of publication of this notice.13 calculated for the examined sales to the exported by Devi remain subject to the order. Thus, Requests should contain: (1) The party’s total entered value of the sales for which this administrative review with respect to Devi name, address and telephone number; entered value was reported. To covers only shrimp which was produced in India by other companies and exported by Devi. (2) the number of participants; and (3) determine whether the duty assessment 8 In the Initiation Notice, we inadvertently a list of issues to be discussed. Issues rates are de minimis, in accordance with omitted one company, Munnangi Sea Foods (Pvt) raised in the hearing will be limited to the requirement set forth in 19 CFR Ltd., for which a timely review request was those raised in the respective case 351.106(c)(2), we have calculated received with respect to the current review. briefs. The Department will issue the importer-specific ad valorem ratios Accordingly, as a correction to the Initiation Notice, this company was included in the Initiation of based on the entered value. 10 Antidumping and Countervailing Duty See 19 CFR 351.309(d). For the companies which were not Administrative Reviews and Request for Revocation 11 See 19 CFR 351.309(c)(2) and (d)(2). in Part, 79 FR 24398 (April 30, 2014). 12 See 19 CFR 351.303. selected for individual review, we will 9 See 19 CFR 351.224(b). 13 See 19 CFR 351.310(c). calculate an assessment rate based on

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the average 14 of the cash deposit rates imposed, shall remain in effect until rescheduled this workshop to March 26, calculated for the companies selected further notice. 2015, to be held at the same time and for mandatory review (i.e., Devi location, 12 p.m. to 4 p.m., LaQuinta Notification to Importers Fisheries and Falcon) excluding any Inn & Suites, 1387 North Military which are de minimis or determined This notice also serves as a Highway, Norfolk, VA 23502. Certain entirely on adverse facts available. preliminary reminder to importers of fishermen and shark dealers are their responsibility under 19 CFR The Department clarified its required to attend a workshop to meet 351.402(f) to file a certificate regarding ‘‘automatic assessment’’ regulation on regulatory requirements and to maintain the reimbursement of antidumping May 6, 2003. This clarification will valid permits. Specifically, the Atlantic duties prior to liquidation of the apply to entries of subject merchandise Shark Identification Workshop is relevant entries during this review during the POR produced by Devi mandatory for all federally permitted period. Failure to comply with this Fisheries or Falcon for which these Atlantic shark dealers. The Protected requirement could result in the companies did not know that the Species Safe Handling, Release, and Secretary’s presumption that merchandise was destined for the Identification Workshop is mandatory reimbursement of antidumping duties United States. In such instances, we will for vessel owners and operators who use occurred and the subsequent assessment instruct CBP to liquidate unreviewed bottom longline, pelagic longline, or of double antidumping duties. gillnet gear, and who have also been entries at the all-others rate if there is no We are issuing and publishing these rate for the intermediate company(ies) issued shark or swordfish limited access results in accordance with sections permits. Additional free workshops will involved in the transaction. For a full 751(a)(1) and 777(i)(1) of the Act. discussion of this clarification, see be conducted during 2015 and will be Antidumping and Countervailing Duty Dated: March 2, 2015. announced in a future notice. Proceedings: Assessment of Paul Piquado, DATES: The Atlantic Shark Identification Antidumping Duties, 68 FR 23954 (May Assistant Secretary for Enforcement and Workshops will be held on April 9, May 6, 2003). Compliance. 7, and June 3, 2015. The Atlantic Shark Identification Workshop scheduled for We intend to issue instructions to Appendix February 26, 2015, has been CBP 15 days after publication of the List of Topics Discussed in the Preliminary rescheduled to March 26, 2015. See final results of this review. Decision Memorandum SUPPLEMENTARY INFORMATION for further Cash Deposit Requirements 1. Summary details. 2. Background The Protected Species Safe Handling, The following deposit requirements 3. Scope of the Order Release, and Identification Workshops will be effective for all shipments of the 4. Discussion of the Methodology will be held on April 13, April 28, May a. Normal Value Comparisons subject merchandise entered, or 19, May 27, June 23, and June 26, 2015. withdrawn from warehouse, for b. Determination of Comparison Method c. Product Comparisons See SUPPLEMENTARY INFORMATION for consumption on or after the publication d. Export Price further details. date of the final results of this e. Normal Value ADDRESSES: The Atlantic Shark administrative review, as provided by 5. Currency Conversion Identification Workshops will be held in section 751(a)(2)(C) of the Act: (1) The 6. Recommendation Wilmington, NC; Bohemia, NY; and cash deposit rate for each specific [FR Doc. 2015–05289 Filed 3–5–15; 8:45 am] Manahawkin, NJ. The rescheduled company listed above will be that BILLING CODE 3510–DS–P workshop will be held in Norfolk, VA. established in the final results of this The Protected Species Safe Handling, review, except if the rate is less than Release, and Identification Workshops 0.50 percent and, therefore, de minimis DEPARTMENT OF COMMERCE will be held in Port St. Lucie, FL; within the meaning of 19 CFR Kenner, LA; Charleston, SC, 351.106(c)(1), in which case the cash National Oceanic and Atmospheric Manahawkin, NJ; Revere, MA; and deposit rate will be zero; (2) for Administration Ocean City, MD. previously reviewed or investigated RIN 0648–XD796 See SUPPLEMENTARY INFORMATION for companies not participating in this further details on workshop locations. review, the cash deposit will continue Schedules for Atlantic Shark FOR FURTHER INFORMATION CONTACT: Rick to be the company-specific rate Identification Workshops and Pearson by phone: (727) 824–5399, or by published for the most recent period; (3) Protected Species Safe Handling, fax: (727) 824–5398. if the exporter is not a firm covered in Release, and Identification Workshops SUPPLEMENTARY INFORMATION: this review, or the original less-than- The fair-value (LTFV) investigation, but the AGENCY: National Marine Fisheries workshop schedules, registration manufacturer is, the cash deposit rate Service (NMFS), National Oceanic and information, and a list of frequently will be the rate established for the most Atmospheric Administration (NOAA), asked questions regarding these recent period for the manufacturer of Commerce. workshops are posted on the Internet at: the merchandise; and (4) the cash ACTION: Notice of public workshops; http://www.nmfs.noaa.gov/sfa/hms/ deposit rate for all other manufacturers correction. workshops/. or exporters will continue to be 10.17 SUMMARY: Free Atlantic Shark Atlantic Shark Identification percent, the all-others rate made Workshops 15 Identification Workshops and Protected effective by the LTFV investigation. Species Safe Handling, Release, and Since January 1, 2008, Atlantic shark These deposit requirements, when Identification Workshops will be held in dealers have been prohibited from April, May, and June of 2015. Also, due receiving, purchasing, trading, or 14 Calculated as discussed in footnote 5 above. to inclement weather, NMFS cancelled bartering for Atlantic sharks unless a 15 See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping the Atlantic Shark Identification valid Atlantic Shark Identification Duty Order: Certain Frozen Warmwater Shrimp workshop scheduled for February 26, Workshop certificate is on the premises from India, 70 FR 5147, 5148 (February 1, 2005). 2015, in Norfolk, VA. NMFS has of each business listed under the shark

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dealer permit that first receives Atlantic • Atlantic shark dealer proxies must certificates onboard at all times. Vessel sharks (71 FR 58057; October 2, 2006). bring documentation from the permitted operators who have not already Dealers who attend and successfully dealer acknowledging that the proxy is attended a workshop and received a complete a workshop are issued a attending the workshop on behalf of the NMFS certificate, or vessel operators certificate for each place of business that permitted Atlantic shark dealer for a whose certificate(s) will expire prior to is permitted to receive sharks. These specific business location, a copy of the their next fishing trip, must attend a certificate(s) are valid for 3 years. appropriate valid permit, and proof of workshop to operate a vessel with Approximately 107 free Atlantic Shark identification. swordfish and shark limited-access Identification Workshops have been Workshop Objectives permits that uses longline or gillnet conducted since January 2007. gear. The Atlantic Shark Identification Currently, permitted dealers may send Workshop Dates, Times, and Locations a proxy to an Atlantic Shark Workshops are designed to reduce the Identification Workshop. However, if a number of unknown and improperly 1. April 13, 2015, 9 a.m.–5 p.m., dealer opts to send a proxy, the dealer identified sharks reported in the dealer Holiday Inn, 10120 South Federal must designate a proxy for each place of reporting form and increase the Highway, Port St. Lucie, FL 34952. business covered by the dealer’s permit accuracy of species-specific dealer- 2. April 28, 2015, 9 a.m.–5 p.m., which first receives Atlantic sharks. reported information. Reducing the Hilton Inn, 901 Airline Drive Kenner, Only one certificate will be issued to number of unknown and improperly LA 70062. each proxy. A proxy must be a person identified sharks will improve quota 3. May 19, 2015, 9 a.m.–5 p.m., who is currently employed by a place of monitoring and the data used in stock Hampton Inn, 678 Citadel Haven Drive, assessments. These workshops will train business covered by the dealer’s permit; Charleston, SC 29414. shark dealer permit holders or their is a primary participant in the 4. May 27, 2015, 9 a.m.–5 p.m., proxies to properly identify Atlantic identification, weighing, and/or first Holiday Inn, 151 Route 72 East, shark carcasses. receipt of fish as they are offloaded from Manahawkin, NJ 08050. a vessel; and who fills out dealer Protected Species Safe Handling, 5. June 23, 2015, 9 a.m.–5 p.m., reports. Atlantic shark dealers are Release, and Identification Workshops Hampton Inn, 230 Lee Burbank prohibited from renewing a Federal Highway Revere, MA 02151. Since January 1, 2007, shark limited- 6. June 26, 2015, 9 a.m.–5 p.m., shark dealer permit unless a valid access and swordfish limited-access Atlantic Shark Identification Workshop Princess Royale Hotel, 9100 Coastal permit holders who fish with longline Highway, Ocean City, MD 21842. certificate for each business location or gillnet gear have been required to that first receives Atlantic sharks has submit a copy of their Protected Species Registration been submitted with the permit renewal Safe Handling, Release, and To register for a scheduled Protected application. Additionally, trucks or Identification Workshop certificate in Species Safe Handling, Release, and other conveyances that are extensions of order to renew either permit (71 FR Identification Workshop, please contact a dealer’s place of business must 58057; October 2, 2006). These Angler Conservation Education at (386) possess a copy of a valid dealer or proxy certificate(s) are valid for 3 years. As 682–0158. Atlantic Shark Identification Workshop such, vessel owners who have not certificate. already attended a workshop and Registration Materials Workshop Dates, Times, and Locations received a NMFS certificate, or vessel To ensure that workshop certificates owners whose certificate(s) will expire are linked to the correct permits, 1. April 9, 2015, 12 p.m.–4 p.m., prior to the next permit renewal, must participants will need to bring the Hampton Inn, 124 Old Eastwood Road, attend a workshop to fish with, or following specific items with them to Wilmington, NC 28403. renew, their swordfish and shark the workshop: 2. May 7, 2015, 12 p.m.–4 p.m., limited-access permits. Additionally, • Individual vessel owners must LaQuinta Inn & Suites, 10 Aero Road, new shark and swordfish limited-access bring a copy of the appropriate Bohemia, NY 11706. permit applicants who intend to fish swordfish and/or shark permit(s), a copy 3. June 3, 2015, 12 p.m.–4 p.m., with longline or gillnet gear must attend of the vessel registration or Holiday Inn, 151 Route 72 East, a Protected Species Safe Handling, documentation, and proof of Manahawkin, NJ 08050. Release, and Identification Workshop identification. • Registration and submit a copy of their workshop Representatives of a business- certificate before either of the permits owned or co-owned vessel must bring To register for a scheduled Atlantic will be issued. Approximately 202 free proof that the individual is an agent of Shark Identification Workshop, please Protected Species Safe Handling, the business (such as articles of contact Eric Sander at esander@ Release, and Identification Workshops incorporation), a copy of the applicable peoplepc.com or at (386) 852–8588. have been conducted since 2006. swordfish and/or shark permit(s), and In addition to certifying vessel Registration Materials proof of identification. owners, at least one operator on board • Vessel operators must bring proof of To ensure that workshop certificates vessels issued a limited-access identification. are linked to the correct permits, swordfish or shark permit that uses participants will need to bring the longline or gillnet gear is required to Workshop Objectives following specific items to the attend a Protected Species Safe The Protected Species Safe Handling, workshop: Handling, Release, and Identification Release, and Identification Workshops • Atlantic shark dealer permit holders Workshop and receive a certificate. are designed to teach longline and must bring proof that the attendee is an Vessels that have been issued a limited- gillnet fishermen the required owner or agent of the business (such as access swordfish or shark permit and techniques for the safe handling and articles of incorporation), a copy of the that use longline or gillnet gear may not release of entangled and/or hooked applicable permit, and proof of fish unless both the vessel owner and protected species, such as sea turtles, identification. operator have valid workshop marine mammals, and smalltooth

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sawfish. In an effort to improve Washington, DC 20230 (or via the burden of the collection of information reporting, the proper identification of Internet at [email protected]). on respondents, including through the protected species will also be taught at FOR FURTHER INFORMATION CONTACT: use of automated collection techniques these workshops. Additionally, Requests for additional information or or other forms of information individuals attending these workshops copies of the information collection technology. will gain a better understanding of the instrument and instructions should be Comments submitted in response to requirements for participating in these directed to Chris Wright, (301) 427– this notice will be summarized and/or fisheries. The overall goal of these 8570 or [email protected]. included in the request for OMB workshops is to provide participants SUPPLEMENTARY INFORMATION: approval of this information collection; with the skills needed to reduce the they also will become a matter of public mortality of protected species, which I. Abstract record. may prevent additional regulations on This request is for an extension of a Dated: March 3, 2015. these fisheries in the future. currently approved information Sarah Brabson, Correction collection. NOAA PRA Clearance Officer. Under the provisions of the In the Federal Register of December 4, Magnuson-Stevens Fishery and [FR Doc. 2015–05229 Filed 3–5–15; 8:45 am] 2014, (79 FR 71982) in FR Doc. 2014– Conservation and Management Act BILLING CODE 3510–22–P 28502, on page 71983, in the second (Magnuson-Stevens Act) [16 U.S.C. 1801 column, the workshop date of the et seq.], as amended by the Sustainable DEPARTMENT OF COMMERCE second Atlantic Shark Identification Fisheries Act [Pub. L. 104–297], the workshop listed under the heading Secretary of Commerce (Secretary) is National Oceanic and Atmospheric ‘‘Workshop Dates, Times, and required to publish a list of all fisheries Administration Locations’’ is corrected to read as under authority of each Regional follows: Fishery Management Council (Council) New England Fishery Management Workshop Dates, Times, and Locations and all such fishing gear used in such Council; Public Meeting fisheries (see section 305(a) of the 2. March 26, 2015, 12 p.m.–4 p.m., Magnuson-Stevens Act). The list has AGENCY: National Marine Fisheries LaQuinta Inn & Suites, 1387 North been published and appears in 50 CFR Service (NMFS), National Oceanic and Military Highway, Norfolk, VA 23502. 600.725(v). Any person wishing to use Atmospheric Administration (NOAA), Authority: 16 U.S.C. 1801 et seq. gear not on the list, or engage in a Commerce. Dated: March 2, 2015. fishery not on the list, must provide the ACTION: Notice; public meeting. appropriate Council or the Secretary, in Alan D. Risenhoover, SUMMARY: The New England Fishery the case of Atlantic highly migratory Director, Office of Sustainable Fisheries, Management Council (Council) is species, with 90 days of advance notice. National Marine Fisheries Service. scheduling a public meeting of its If the Secretary takes no action to [FR Doc. 2015–05174 Filed 3–5–15; 8:45 am] Groundfish Committee to consider prohibit such a fishery or use of such a BILLING CODE 3510–22–P actions affecting New England fisheries gear, the person may proceed. in the exclusive economic zone (EEZ). II. Method of Collection Recommendations from this group will DEPARTMENT OF COMMERCE The respondent provides written be brought to the full Council for formal National Oceanic and Atmospheric notice. No form is used. consideration and action, if appropriate. Administration DATES: This meeting will be held on III. Data Thursday, March 26, 2015, at 9 a.m. Proposed Information Collection; OMB Number: 0648–0346. ADDRESSES: Comment Request; List of Gear by Form Number: None. Meeting address: The meeting will be Fisheries and Fishery Management Type of Review: Regular submission. held at the DoubleTree by Hilton, 363 Council Affected Public: Business or other for- Maine Mall Road, South Portland, ME profit organizations. AGENCY: National Oceanic and 04106; telephone: (207) 775–6161; fax: Estimated Number of Respondents: 6. (207) 756–6622. Atmospheric Administration (NOAA), Estimated Time per Response: 90 Commerce. Council address: New England minutes. Fishery Management Council, 50 Water ACTION: Notice. Estimated Total Annual Burden Street, Mill 2, Newburyport, MA 01950. Hours: 15. SUMMARY: The Department of Estimated Total Annual Cost to FOR FURTHER INFORMATION CONTACT: Commerce, as part of its continuing Public: $30.00. Thomas A. Nies, Executive Director, effort to reduce paperwork and New England Fishery Management respondent burden, invites the general IV. Request for Comments Council; telephone: (978) 465–0492. public and other Federal agencies to Comments are invited on: (a) Whether SUPPLEMENTARY INFORMATION: The items take this opportunity to comment on the proposed collection of information of discussion on the agenda are: proposed and/or continuing information is necessary for the proper performance The committee will discuss and make collections, as required by the of the functions of the agency, including recommendations to the Council Paperwork Reduction Act of 1995. whether the information shall have regarding Amendment 18 (A18) (fleet DATES: Written comments must be practical utility; (b) the accuracy of the diversity and accumulation limits). submitted on or before May 5, 2015. agency’s estimate of the burden They will review the Alternatives ADDRESSES: Direct all written comments (including hours and cost) of the included in A18, and review the Draft to Jennifer Jessup, Departmental proposed collection of information; (c) Environmental Impact Statement (DEIS) Paperwork Clearance Officer, ways to enhance the quality, utility, and for A18 including impacts analysis. The Department of Commerce, Room 6625, clarity of the information to be committee will also review the 14th and Constitution Avenue NW., collected; and (d) ways to minimize the Groundfish Advisory Panel’s

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recommendations regarding A18. They Washington, DC 20230 (or via the Estimated Total Annual Cost to will potentially recommend preferred Internet at [email protected]). Public: $452. alternatives and approval of the DEIS to FOR FURTHER INFORMATION CONTACT: IV. Request for Comments the Council. The committee will receive Requests for additional information or an overview of the Council’s Groundfish copies of the information collection Comments are invited on: (a) Whether priorities for 2015. They will also instrument and instructions should be the proposed collection of information discuss other business as necessary. directed to Jason Blackburn, (301) 427– is necessary for the proper performance Although non-emergency issues not 8555 or [email protected]. of the functions of the agency, including contained in this agenda may come SUPPLEMENTARY INFORMATION: whether the information shall have before this group for discussion, those practical utility; (b) the accuracy of the issues may not be the subject of formal I. Abstract agency’s estimate of the burden action during this meeting. Action will This request is for extension of a (including hours and cost) of the be restricted to those issues specifically current information collection. proposed collection of information; (c) listed in this notice and any issues Fishery regulations do not generally ways to enhance the quality, utility, and arising after publication of this notice affect scientific research activities clarity of the information to be that require emergency action under conducted by a scientific research collected; and (d) ways to minimize the section 305(c) of the Magnuson-Stevens vessel. Persons planning to conduct burden of the collection of information Act, provided the public has been such research are encouraged to submit on respondents, including through the notified of the Council’s intent to take a scientific research plan to ensure that use of automated collection techniques final action to address the emergency. the activities are considered research or other forms of information Special Accommodations and not fishing. The researchers are technology. requested to submit reports of their Comments submitted in response to The meeting is physically accessible scientific research activity after its this notice will be summarized and/or to people with disabilities. Requests for completion. Eligible researchers on included in the request for OMB sign language interpretation or other board federally permitted fishing vessels approval of this information collection; auxiliary aids should be directed to that plan to temporarily possess fish in they also will become a matter of public Thomas A. Nies, Executive Director, at a manner not compliant with applicable record. 978–465–0492, at least 5 days prior to fishing regulations for the purpose of the meeting date. Dated: March 3, 2015. collecting scientific data on catch may Sarah Brabson, Authority: 16 U.S.C. 1801 et seq. submit a request for a temporary NOAA PRA Clearance Officer. Dated: March 2, 2015. possession letter of authorization. The [FR Doc. 2015–05228 Filed 3–5–15; 8:45 am] Tracey L. Thompson, researchers are requested to submit BILLING CODE 3510–22–P Acting Deputy Director, Office of Sustainable reports of their scientific research Fisheries, National Marine Fisheries Service. activity after its completion. The National Marine Fisheries Service [FR Doc. 2015–05177 Filed 3–5–15; 8:45 am] DEPARTMENT OF COMMERCE BILLING CODE 3510–22–P (NMFS) may also grant exemptions from fishery regulations for educational or National Oceanic and Atmospheric other activities (e.g., using non- Administration DEPARTMENT OF COMMERCE regulation gear). The applications for these exemptions must be submitted, as New England Fishery Management National Oceanic and Atmospheric well as reports on activities. Council; Public Meeting Administration II. Method of Collection AGENCY: National Marine Fisheries Proposed Information Collection; Information may be submitted on Service (NMFS), National Oceanic and Comment Request; Scientific paper or electronically, and in some Atmospheric Administration (NOAA), Research, Exempted Fishing, and cases by telephone. Commerce. Exempted Activity Submissions III. Data ACTION: Notice; public meeting. AGENCY: National Oceanic and OMB Number: 0648–0309. SUMMARY: The New England Fishery Atmospheric Administration (NOAA), Form Number: None. Management Council (Council) is Commerce. Type of Review: Regular submission scheduling a public meeting of its ACTION: Notice. (extension of a current information Groundfish Advisory Panel to consider collection). SUMMARY: actions affecting New England fisheries The Department of Affected Public: Business or other for- Commerce, as part of its continuing in the exclusive economic zone (EEZ). profit; individuals or households; not Recommendations from this group will effort to reduce paperwork and for profit organizations; state, local or respondent burden, invites the general be brought to the full Council for formal tribal governments. consideration and action, if appropriate. public and other Federal agencies to Estimated Number of Respondents: take this opportunity to comment on 143. DATES: This meeting will be held on proposed and/or continuing information Estimated Time per Response: Wednesday, March 25, 2015, at 9 a.m. collections, as required by the Scientific research plans, 9 hours; ADDRESSES: Paperwork Reduction Act of 1995. scientific research reports, 4 hours; Meeting address: The meeting will be DATES: Written comments must be exempted fishing permit requests, 89 held at the DoubleTree by Hilton, 363 submitted on or before May 5, 2015. hours; exempted fishing permit reports, Maine Mall Road, South Portland, ME ADDRESSES: Direct all written comments 15 hours; exempted educational 04106; telephone: (207) 775–6161; fax: to Jennifer Jessup, Departmental requests, 4 hours; exempted educational (207) 756–6622. Paperwork Clearance Officer, reports, 2 hours. Council address: New England Department of Commerce, Room 6616, Estimated Total Annual Burden Fishery Management Council, 50 Water 14th and Constitution Avenue NW., Hours: 7,753. Street, Mill 2, Newburyport, MA 01950.

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FOR FURTHER INFORMATION CONTACT: FTZ Board (15 CFR part 400), including Administrative Services Thomas A. Nies, Executive Director, notice in the Federal Register inviting Service is Mandatory for: Marine Corps Base New England Fishery Management public comment (79 FR 69831–69832, Hawaii (MCB), Camp Smith, Halawa, HI Council; telephone: (978) 465–0492. 11–24–2014). The FTZ Board has and Kaneohe Bay, HI Mandatory Source of Supply: PRIDE SUPPLEMENTARY INFORMATION: The items determined that no further review of the Industries, Roseville, CA of discussion on the agenda are: activity is warranted at this time. The Contracting Activity: Dept of the Navy, The panel will discuss and make production activity described in the HQBN, Marine Corps Base Hawaii, recommendations to the Groundfish notification is authorized, subject to the Kaneohe Bay, HI Committee regarding Amendment 18 FTZ Act and the FTZ Board’s (A18) (fleet diversity and accumulation regulations, including Section 400.14. Deletions limits). They will review the Dated: March 3, 2015. The following products are proposed Alternatives included in A18, and Andrew McGilvray, for deletion from the Procurement List: review the Draft Environmental Impact Executive Secretary. Products Statement (DEIS) for A18 including [FR Doc. 2015–05277 Filed 3–5–15; 8:45 am] NSN: 7510–00–NIB–0588—Binder, Vinyl. impacts analysis. The panel will receive BILLING CODE 3510–DS–P Previous Mandatory Source: ForSight Vision, an overview of the Council’s Groundfish York, PA. priorities for 2015. They will also Was Mandatory for: General Services discuss other business as necessary. COMMITTEE FOR PURCHASE FROM Administration, New York, NY. Although non-emergency issues not PEOPLE WHO ARE BLIND OR NSN: 7510–01–519–4361—Binder, Round contained in this agenda may come Ring, Clear Overlay, Pockets, Brown, 1⁄2″ SEVERELY DISABLED before this group for discussion, those Capacity, Letter. issues may not be the subject of formal Previous Mandatory Source: South Texas Procurement List; Proposed Addition Lighthouse for the Blind, Corpus Christi, action during the meeting. Action will and Deletions be restricted to those issues specifically TX. Was Mandatory for: Department of Veterans listed in this notice and any issues AGENCY: Committee for Purchase From People Who Are Blind or Severely Affairs, NAC, Hines, IL and General arising after publication of this notice Services Administration, New York, NY. that require emergency action under Disabled. NSN: 6530–00–NIB–0129—Bottle, section 305(c) of the Magnuson-Stevens ACTION: Proposed addition to and Pharmaceutical, White, Screw Cap, 60cc. Act, provided the public has been deletions from the Procurement List. NSN: 6530–00–NIB–0130—Bottle, notified of the Council’s intent to take Pharmaceutical, White, Screw Cap, SUMMARY: The Committee is proposing final action to address the emergency. 100cc. to add a service to the Procurement List NSN: 6530–00–NIB–0131—Bottle, Special Accommodations that will be provided by a nonprofit Pharmaceutical, White, Screw Cap, The meeting is physically accessible agency employing persons who are 150cc. blind or have other severe disabilities, NSN: 6530–00–NIB–0132—Bottle, to people with disabilities. Requests for Pharmaceutical, White, Screw Cap, sign language interpretation or other and deletes products previously furnished by such agencies. 300cc. auxiliary aids should be directed to NSN: 6530–00–NIB–0133—Bottle, Thomas A. Nies, Executive Director, at DATES: Comments Must Be Received On Pharmaceutical, White, Screw Cap, (978) 465–0492, at least 5 days prior to Or Before: 4/6/2015. 500cc. the meeting date. ADDRESSES: Committee for Purchase Previous Mandatory Source: Alphapointe, From People Who Are Blind or Severely Kansas City, MO. Authority: 16 U.S.C. 1801 et seq. Disabled, 1401 S. Clark Street, Suite Was Mandatory for: Department of Health Dated: March 2, 2015. 715, Arlington, Virginia 22202–4149. and Human Services, Division of Contract & Grants Operations, Tracey L. Thompson, FOR FURTHER INFORMATION OR TO SUBMIT Washington, DC. Acting Deputy Director, Office of Sustainable COMMENTS CONTACT: Patricia Briscoe, Fisheries, National Marine Fisheries Service. Telephone: (703) 603–7740, Fax: (703) Patricia Briscoe, [FR Doc. 2015–05176 Filed 3–5–15; 8:45 am] 603–0655, or email CMTEFedReg@ Deputy Director, Business Operations (Pricing BILLING CODE 3510–22–P AbilityOne.gov. and Information Management). SUPPLEMENTARY INFORMATION: This [FR Doc. 2015–05210 Filed 3–5–15; 8:45 am] BILLING CODE 6353–01–P DEPARTMENT OF COMMERCE notice is published pursuant to 41 U.S.C. 8503 (a)(2) and 41 CFR 51–2.3. Its Foreign-Trade Zones Board purpose is to provide interested persons an opportunity to submit comments on CORPORATION FOR NATIONAL AND [B–84–2014] the proposed actions. COMMUNITY SERVICE Authorization of Production Activity; Addition Generic Clearance for the Collection of Foreign-Trade Zone 82; MH Wirth, Inc. If the Committee approves the Qualitative Feedback on Agency (Offshore Drilling Riser Systems); proposed addition, the entities of the Service Delivery; Submission for OMB Theodore, Alabama Federal Government identified in this Review, Comment Request notice will be required to furnish the On November 3, 2014, the City of AGENCY: Corporation for National and Mobile, Alabama, grantee of FTZ 82, service listed below from the nonprofit Community Service (CNCS). agency employing persons who are submitted a notification of proposed ACTION: Notice. production activity to the Foreign-Trade blind or have other severe disabilities. Zones (FTZ) Board on behalf of MH The following service is proposed for SUMMARY: CNCS is submitting the below Wirth, Inc., within FTZ 82, in Theodore, addition to the Procurement List for information for future CNCS Federal Alabama. production by the nonprofit agency Register Notices in accordance with the The notification was processed in listed: Paperwork Reduction Act of 1995, Pub. accordance with the regulations of the Service Type: Base Operations and L. 104–13, (44 U.S.C. chapter 35). As

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part of a Federal Government-wide Comments Organizations, State, Local or Tribal effort to streamline the process to seek Government. No comments were received in feedback from the public on service Respondents: 10,000. response to the 60-day notice published delivery, OMB is coordinating the Annual responses: 10,000. in the Federal Register of March 5, 2014 development of the following proposed Frequency of Response: Once per (79 FR 12493). Generic Information Collection Request request. (Generic ICR): ‘‘Generic Clearance for Title: Generic Clearance for the Average minutes per response: 10. the Collection of Qualitative Feedback Collection of Qualitative Feedback on Burden hours: 1,667. on Agency Service Delivery’’ for Agency Service Delivery. An agency may not conduct or approval under the Paperwork Abstract: The information collection sponsor, and a person is not required to Reduction Act (PRA) (44 U.S.C. 3501 et activity will garner qualitative customer respond to, a collection of information seq.). This notice announces that CNCS and stakeholder feedback in an efficient, unless it displays a currently valid intends to submit collections to OMB timely manner, in accordance with the Office of Management and Budget for approval and solicit comments on Administration’s commitment to Control Number. improving service delivery. By specific aspects for the proposed Dated: March 3, 2015. information collection. qualitative feedback we mean information that provides useful Amy Borgstrom, DATES: Comments must be submitted Associate Director of Policy. April 6, 2015. insights on perceptions and opinions, but are not statistical surveys that yield [FR Doc. 2015–05300 Filed 3–5–15; 8:45 am] ADDRESSES: Comments may be quantitative results that can be BILLING CODE 6050–28–P submitted, identified by the title of the generalized to the population of study. information collection activity, to the This feedback will provide insights into Office of Information and Regulatory customer or stakeholder perceptions, DEPARTMENT OF DEFENSE Affairs, Attn: Ms. Sharon Mar, OMB experiences and expectations, provide Desk Officer for CNCS, by any of the an early warning of issues with service, Defense Acquisition Regulations following two methods within 30 days or focus attention on areas where System from the date of publication in the communication, training or changes in [Docket No. DARS–2015–0012] Federal Register: operations might improve delivery of (1) By fax to: 202–395–6974, products or services. These collections Acquisition of Items for Which Federal Attention: Ms. Sharon Mar, OMB Desk will allow for ongoing, collaborative and Prison Industries Has a Significant Officer for CNCS; and actionable communications between the Market Share (2) Electronically by email to: smar@ Agency and its customers and omb.eop.gov. stakeholders. It will also allow feedback ACTION: Notice. FOR FURTHER INFORMATION CONTACT: To to contribute directly to the request additional information, please improvement of program management. SUMMARY: DoD is publishing the contact Amy Borgstrom, Associate Feedback collected under this generic updated annual list of product Director of Policy, at 202–606–6930 or clearance will provide useful categories for which the Federal Prison email to [email protected]. information, but it will not yield data Industries’ share of the DoD market is Individuals who use a that can be generalized to the overall greater than five percent. telecommunications device for the deaf population. This type of generic DATES: Effective Date: March 29, 2015. (TTY–TDD) may call 1–800–833–3722 clearance for qualitative information FOR FURTHER INFORMATION CONTACT: between 8:00 a.m. and 8:00 p.m. Eastern will not be used for quantitative Sheila Harris, telephone 703–614–1333. Time, Monday through Friday. information collections that are SUPPLEMENTARY INFORMATION: SUPPLEMENTARY INFORMATION: The OMB designed to yield reliably actionable I. Background: On November 19, is particularly interested in comments results, such as monitoring trends over 2009, a final rule was published at 74 which: time or documenting program FR 59914 which amended the Defense • Evaluate whether the proposed performance. Such data uses require Federal Acquisition Regulation collection of information is necessary more rigorous designs that address the Supplement (DFARS) subpart 208.6, to for the proper performance of the target population to which implement section 827 of the National functions of CNCS, including whether generalizations will be made, the Defense Authorization Act (NDAA) for the information will have practical sampling frame, the sample design Fiscal Year 2008, Public Law 110–181. utility; (including stratification and clustering), Section 827 changed DoD competition • Evaluate the accuracy of the the precision requirements or power requirements for purchases from Federal agency’s estimate of the burden of the calculations that justify the proposed Prison Industries, Inc. (FPI) by requiring proposed collection of information, sample size, the expected response rate, DoD to publish an annual list of product including the validity of the methods for assessing potential non- categories for which FPI’s share of the methodology and assumptions used; response bias, the protocols for data DoD market was greater than five • Propose ways to enhance the collection, and any testing procedures percent, based on the most recent fiscal quality, utility, and clarity of the that were or will be undertaken prior year data available. Product categories information to be collected; and fielding the study. Depending on the on the current list, and the products • Propose ways to minimize the degree of influence the results are likely within each identified product category, burden of the collection of information to have, such collections may still be must be procured using competitive or on those who are to respond, including eligible for submission for other generic fair opportunity procedures in through the use of appropriate mechanisms that are designed to yield accordance with DFARS 208.602–70. automated, electronic, mechanical, or quantitative results. The Director, Defense Procurement other technological collection Type of Review: Renewal. and Acquisition Policy (DPAP) issued a techniques or other forms of information Affected Public: Individuals and memorandum dated February 27, 2015, technology. Households, Businesses and that provides the current list of product

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categories for which FPI’s share of the SUMMARY: The Department of Defense is Pursuant to 41 CFR 102–3.160, the DOD market is greater than five percent publishing this notice to announce a Administrative Work Meeting will be based on Fiscal Year 2014 data from the Federal Advisory Committee meeting of closed to the public. Federal Procurement Data System. The the Uniform Formulary Beneficiary Written Statements: Pursuant to 41 product categories to be competed Advisory Panel (hereafter referred to as CFR 102–3.140, the public or interested effective March 29, 2015, are the the Panel). organizations may submit written following: DATES: Thursday, March 26, 2015, from statements to the membership of the • 3990 (Miscellaneous Materials 9 a.m. to 1 p.m. Panel at any time or in response to the Handling Equipment) ADDRESSES: Naval Heritage Center stated agenda of a planned meeting. • 5210 (Measuring Tools, Craftsmen’s) Theater, 701 Pennsylvania Avenue NW., Written statements should be submitted • 7110 (Office Furniture) Washington, DC 20004. to the Panel’s Designated Federal Officer • 7125 (Cabinets, Lockers, Bins and FOR FURTHER INFORMATION CONTACT: Mr. (DFO). The DFO’s contact information Shelving) • William H. Blanche, Alternate DFO, can be obtained from the General 7230 (Draperies, Awnings, and Services Administration’s Federal Shades) Uniform Formulary Beneficiary • Advisory Panel, 7700 Arlington Advisory Committee Act Database at 8405 (Outerwear, Men’s) http://facadatabase.gov/. • 8410 (Outerwear, Women’s) Boulevard, Suite 5101, Falls Church, VA • 8415 (Clothing, Special Purpose) 22042–5101. Telephone: (703) 681– Written statements that do not pertain 2890. Fax: (703) 681–1940. Email The DPAP memorandum with the to the scheduled meeting of the Panel Address: [email protected]. current list of product categories for may be submitted at any time. However, which FPI has a significant market share SUPPLEMENTARY INFORMATION: This if individual comments pertain to a is posted at: http://www.acq.osd.mil/ meeting is being held under the specific topic being discussed at a dpap/policy/policyvault/USA001110- provisions of the Federal Advisory planned meeting, then these statements 15-DPAP.pdf. Committee Act of 1972 (title 5, United must be submitted no later than 5 The statute as implemented also States Code (U.S.C.), Appendix, as business days prior to the meeting in requires DoD to— amended) and the Government in the question. The DFO will review all (1) Include FPI in the solicitation Sunshine Act of 1976 (5 U.S.C. 552b, as submitted written statements and process for these items; a timely offer amended). provide copies to all the committee from FPI must be considered; and award Purpose of Meeting: The Panel will members. procedures must be followed in review and comment on Public Comments: In addition to accordance with existing policy at recommendations made to the Director written statements, the Panel will set Federal Acquisition Regulation (FAR) of Defense Health Agency, by the aside 1 hour for individuals or 8.602(a)(4)(ii) through (v); Pharmacy and Therapeutics Committee, interested groups to address the Panel. (2) Continue to be make acquisitions, regarding the Uniform Formulary. To ensure consideration of their in accordance with FAR Subpart 8.6, for Meeting Agenda comments, individuals and interested items from product categories for which groups should submit written FPI does not have a significant market 1. Sign-In statements as outlined in this notice; but 2. Welcome and Opening Remarks share. FAR 8.602 requires agencies to if they still want to address the Panel, 3. Public Citizen Comments conduct market research and make a then they will be afforded the 4. Scheduled Therapeutic Class Reviews written comparability determination, at opportunity to register to address the (Comments will follow each agenda the discretion of the contracting officer. Panel. The Panel’s DFO will have a Competitive (or fair opportunity) item) a. Pulmonary Artery Hypertension ‘‘Sign-Up Roster’’ available at the Panel procedures are appropriate if the FPI b. Transmucosal Immediate Release meeting for registration on a first-come, product is not comparable in terms of Fentanyl Products first-serve basis. Those wishing to price, quality, or time of delivery; and c. Oral Oncology Agents—Prostate I & II address the Panel will be given no more (3) Section 827 allows modification of 5. Designated Newly Approved Drugs in than 5 minutes to present their the published list if DoD subsequently Already-Reviewed Classes comments, and at the end of the 1 hour determines that new data requires 6. Pertinent Utilization Management time period, no further public adding or omitting a product category Issues comments will be accepted. Anyone from the list. 7. Panel Discussions and Vote who signs-up to address the Panel, but Manuel Quinones, Meeting Accessibility: Pursuant to 5 is unable to do so due to the time limitation, may submit their comments Editor, Defense Acquisition Regulations U.S.C. 552b, as amended, and 41 Code Council. of Federal Regulations (CFR) 102–3.140 in writing; however, they must understand that their written comments [FR Doc. 2015–05270 Filed 3–5–15; 8:45 am] through 102–3.165, and the availability may not be reviewed prior to the Panel’s BILLING CODE 5001–06–P of space, this meeting is open to the public. Seating is limited and will be deliberation. provided only to the first 220 people To ensure timeliness of comments for DEPARTMENT OF DEFENSE signing-in. All persons must sign-in the official record, the Panel encourages legibly. that individuals and interested groups Office of the Secretary Administrative Work Meeting: Prior to consider submitting written statements the public meeting, the Panel will instead of addressing the Panel. Uniform Formulary Beneficiary conduct an Administrative Work Dated: March 3, 2015. Advisory Panel; Notice of Federal Meeting from 8:30 a.m. to 9 a.m. to Advisory Committee Meeting discuss administrative matters of the Aaron Siegel, Alternate OSD Federal Register Liaison AGENCY: Panel. The Administrative Work Assistant Secretary of Defense Officer, Department of Defense. (Health Affairs), DoD. Meeting will be held at the Naval Heritage Center, 701 Pennsylvania [FR Doc. 2015–05205 Filed 3–5–15; 8:45 am] ACTION: Notice of meeting. Avenue NW., Washington, DC 20004. BILLING CODE 5001–06–P

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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Dated: March 2, 2015. Kimberly D. Bose, Federal Energy Regulatory Federal Energy Regulatory Secretary. Commission Commission [FR Doc. 2015–05203 Filed 3–5–15; 8:45 am] BILLING CODE 6717–01–P [Project No. 2246–063; Project No. 2246– [Docket No. OR15–19–000] 058] Targa NGL Pipeline Company LLC; DEPARTMENT OF ENERGY Yuba County Water Agency; Notice of Notice of Temporary Waiver of Filing Study Plan Meeting and Reporting Requirements Federal Energy Regulatory Commission a. Project Name and Number: Yuba Take notice that on February 23, 2015, River Development Project No. 2246. pursuant to Rule 204 of the Combined Notice of Filings #1 b. Date and Time of Meeting: March Commission’s Rules of Practice and Take notice that the Commission 11, 2015; 12:00 p.m. Pacific Time. Procedure, 18 CFR 385.204 (2014), received the following electric corporate Targa NGL Pipeline Company LLC filings: c. Place: Teleconference; Phone (Targa) requests that the Commission Number: (866) 994–6437; Passcode: Docket Numbers: EC15–78–000. grant it a temporary waiver of Interstate Applicants: Louisville Gas & Electric 8013956799. Commerce Act section 6 and section 20, Company, Kentucky Utilities Company. d. FERC Contact: Alan Mitchnick, and the Commission’s filing and Description: Application of Louisville [email protected] or (202) 502– reporting requirements thereunder at 18 Gas & Electric Company, et al. 6074. CFR parts 341 and 357, for a natural gas Filed Date: 2/25/15. e. Purpose of Meeting: Yuba County liquids (NGL) pipeline located entirely Accession Number: 20150225–5346. in Texas that only transports NGLs Comments Due: 5 p.m. ET 3/18/15. Water Agency (YCWA) plans to owned by Targa or an affiliate. implement Study 7.11a, Radio Docket Numbers: EC15–79–000. Telemetry Study of Spring- and Fall- Any person desiring to intervene or to Applicants: Blackwell Solar, LLC, Lost Hills Solar, LLC. Run Chinook Salmon Migratory protest this filing must file in Description: Application of Blackwell Behavior Downstream of Narrows 2 accordance with Rules 211 and 214 of the Commission’s Rules of Practice and Solar, LLC, et al. for Authorization Powerhouse, in 2015. The purpose of Under Section 203 of the Federal Power the study is to gain a better Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Act and Request for Expedited Action, understanding of the relationship Confidential Treatment, and Waivers. between operation of the Narrows 2 Commission in determining the appropriate action to be taken, but will Filed Date: 2/26/15. powerhouse and spring-run and fall-run not serve to make protestants parties to Accession Number: 20150226–5339. Chinook salmon movement and Comments Due: 5 p.m. ET 3/19/15. the proceeding. Any person wishing to behavior in the Yuba River near the become a party must file a notice of Docket Numbers: EC15–80–000. Narrows 2 powerhouse and as far intervention or motion to intervene, as Applicants: DES Wholesale, LLC. downstream as the Narrows Pool. appropriate. Such notices, motions, or Description: Application for However, due to the continued dry protests must be filed on or before the Disposition of Facilities of DES conditions in California, the Narrows 2 comment date. Anyone filing a motion Wholesale, LLC. Filed Date: 2/26/15. powerhouse’s normal operation may be to intervene or protest must serve a copy Accession Number: 20150226–5349. curtailed in 2015, and would not of that document on the Petitioner. operate within its full range of flows Comments Due: 5 p.m. ET 3/19/15. The Commission encourages (i.e., up to 3,400 cubic feet per second). Take notice that the Commission electronic submission of protests and As such, Commission staff and YCWA received the following exempt interventions in lieu of paper using the wholesale generator filings: wish to discuss with interested ‘‘eFiling’’ link at http://www.ferc.gov. stakeholders whether the Docket Numbers: EG15–56–000. Persons unable to file electronically Applicants: Red Horse Wind 2, LLC. implementation of Study 7.11a in 2015 should submit an original and 5 copies is appropriate and whether study results Description: Red Horse Wind 2, LLC of the protest or intervention to the Notice of Self-Certification of Exempt would be sufficient to support the Federal Energy Regulatory Commission, Wholesale Generator Status. Commission’s environmental review of 888 First Street NE., Washington, DC Filed Date: 2/27/15. the project. 20426. This filing is accessible on-line Accession Number: 20150227–5368. f. All local, state, and federal agencies, at http://www.ferc.gov, using the Comments Due: 5 p.m. ET 3/20/15. Indian tribes, and other interested ‘‘eLibrary’’ link and is available for Docket Numbers: EG15–57–000. parties are invited to participate. review in the Commission’s Public Applicants: Balko Wind, LLC. Reference Room in Washington, DC. Dated: February 27, 2015. Description: Balko Wind, LLC Notice There is an ‘‘eSubscription’’ link on the of Self-Certification of Exempt Nathaniel J. Davis, Sr., Web site that enables subscribers to Wholesale Generator Status. Deputy Secretary. receive email notification when a Filed Date: 2/27/15. [FR Doc. 2015–05247 Filed 3–5–15; 8:45 am] document is added to a subscribed Accession Number: 20150227–5369. BILLING CODE 6717–01–P docket(s). For assistance with any FERC Comments Due: 5 p.m. ET 3/20/15. Online service, please email Take notice that the Commission [email protected], or call received the following electric rate (866) 208–3676 (toll free). For TTY, call filings: (202) 502–8659. Docket Numbers: ER15–871–001. Comment Date: 5:00 p.m. Eastern time Applicants: Wheelabrator on March 9, 2015. Westchester, L.P.

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Description: Compliance filing per 35: ATC–ACEC Elective Facilities must file in accordance with Rules 211 Compliance to 94 to be effective Construction Agreement to be effective and 214 of the Commission’s 3/18/2015. 4/29/2015. Regulations (18 CFR 385.211 and Filed Date: 2/27/15. Filed Date: 2/27/15. 385.214) on or before 5:00 p.m. Eastern Accession Number: 20150227–5137. Accession Number: 20150227–5387. time on the specified comment date. Comments Due: 5 p.m. ET 3/20/15. Comments Due: 5 p.m. ET 3/20/15. Protests may be considered, but Docket Numbers: ER15–999–001. Docket Numbers: ER15–1135–000. intervention is necessary to become a Applicants: Luke Paper Company. Applicants: PJM Interconnection, party to the proceeding. Description: Compliance filing per 35: L.L.C. eFiling is encouraged. More detailed Amendment to be effective 4/7/2015. Description: § 205(d) rate filing per information relating to filing Filed Date: 2/27/15. 35.13(a)(2)(iii): Service Agreement No. requirements, interventions, protests, Accession Number: 20150227–5227. 4094; NQ128 (ISA) to be effective service, and qualifying facilities filings Comments Due: 5 p.m. ET 3/20/15. 1/30/2015. can be found at: http://www.ferc.gov/ Docket Numbers: ER15–1129–000. Filed Date: 2/27/15. docs-filing/efiling/filing-req.pdf. For Applicants: PJM Interconnection, Accession Number: 20150227–5396. other information, call (866) 208–3676 L.L.C. Comments Due: 5 p.m. ET 3/20/15. (toll free). For TTY, call (202) 502–8659. Description: § 205(d) rate filing per Docket Numbers: ER15–1136–000. Dated: February 27, 2015. 35.13(a)(2)(iii): Service Agreement No. Applicants: Big Cajun I Peaking Nathaniel J. Davis, Sr., 3402; Queue No. Y2–105 to be effective Power LLC. Deputy Secretary. 1/27/2015. Description: § 205(d) rate filing per [FR Doc. 2015–05245 Filed 3–5–15; 8:45 am] Filed Date: 2/26/15. 35.13(a)(2)(iii): Proposed Rate Schedule BILLING CODE 6717–01–P Accession Number: 20150226–5309. FERC No. 2 to be effective 5/1/2015. Comments Due: 5 p.m. ET 3/19/15. Filed Date: 2/27/15. Docket Numbers: ER15–1130–000. Accession Number: 20150227–5424. DEPARTMENT OF ENERGY Applicants: Midcontinent Comments Due: 5 p.m. ET 3/20/15. Independent System Operator, Ameren Docket Numbers: ER15–1137–000. Federal Energy Regulatory Illinois Company. Applicants: ISO New England Inc. Commission Description: § 205(d) rate filing per Description: ISO New England Inc. [Docket No. CP15–91–000] 35.13(a)(2)(iii): 2015–02–27_SA 2752 9th Forward Capacity Auction Results. Ameren-Bishop Hill Interconnection Filed Date: 2/27/15. East Tennessee Natural Gas, LLC; FSA to be effective 1/28/2015. Accession Number: 20150227–5434. Notice of Application Filed Date: 2/27/15. Comments Due: 5 p.m. ET 4/13/15. Accession Number: 20150227–5125. Docket Numbers: ER15–1138–000. Take notice that on February 20, 2015, Comments Due: 5 p.m. ET 3/20/15. Applicants: PJM Interconnection, East Tennessee Natural Gas, LLC (East Docket Numbers: ER15–1131–000. L.L.C. Tennessee), 5400 Westheimer Court, Applicants: New England Power Pool Description: § 205(d) rate filing per Houston, Texas 77056–5310, filed an Participants Committee. 35.13(a)(2)(iii): Service Agreement No. application in the above referenced Description: § 205(d) rate filing per 4097; Queue AA1–019 (WMPA) to be docket pursuant to section 7(c) of the 35.13(a)(2)(iii): March 2015 Membership effective 2/2/2015. Natural Gas Act (NGA) requesting Filing to be effective 3/1/2015. Filed Date: 2/27/15. authorization to construct and operate Filed Date: 2/27/15. Accession Number: 20150227–5440. its Loudon Expansion Project (Project) Accession Number: 20150227–5337. Comments Due: 5 p.m. ET 3/20/15. located in Monroe and Loudon Comments Due: 5 p.m. ET 3/20/15. Counties, Tennessee. East Tennessee Docket Numbers: ER15–1139–000. asserts that the proposed Project will Docket Numbers: ER15–1132–000. Applicants: Southwest Power Pool, provide 40,000 dekatherms per day to Applicants: Entergy Louisiana Power, Inc. the facilities of Tate & Lyle Ingredients LLC. Description: § 205(d) rate filing per Americas, LLC in Loudon County, Description: Baseline eTariff Filing 35.13(a)(2)(iii): Attachment J Section Tennessee. East Tennessee states that per 35.1: ELP MBR Application to be III.D Revisions to be effective 5/1/2015. the Project involves: (i) Approximately effective 12/31/9998. Filed Date: 2/27/15. 10 miles of new 12-inch diameter Filed Date: 2/27/15. Accession Number: 20150227–5457. pipeline; (ii) a new meter facility; and Accession Number: 20150227–5340. Comments Due: 5 p.m. ET 3/20/15. (iii) appurtenances. East Tennessee Comments Due: 5 p.m. ET 3/20/15. Docket Numbers: ER15–1140–000. estimates the cost of the Project to be Docket Numbers: ER15–1133–000. Applicants: Southwest Power Pool, approximately $53.1 million, all as more Applicants: Idaho Power Company. Inc. fully set forth in the application which Description: § 205(d) rate filing per Description: § 205(d) rate filing per is on file with the Commission and open 35.13(a)(2)(iii): PAC Long-Term Firm 35.13(a)(2)(iii): 2198R18 Kansas Power to public inspection. The filing is BORA–LGBP Service Agreement to be Pool NITSA NOA to be effective available for review at the Commission effective 5/1/2015. 2/1/2015. in the Public Reference Room or may be Filed Date: 2/27/15. Filed Date: 2/27/15. viewed on the Commission’s Web site Accession Number: 20150227–5381. Accession Number: 20150227–5463. web at http://www.ferc.gov using the Comments Due: 5 p.m. ET 3/20/15. Comments Due: 5 p.m. ET 3/20/15. ‘‘eLibrary’’ link. Enter the docket Docket Numbers: ER15–1134–000. The filings are accessible in the number excluding the last three digits in Applicants: Midcontinent Commission’s eLibrary system by the docket number field to access the Independent System Operator, Inc., clicking on the links or querying the document. For assistance, contact FERC American Transmission Company LLC. docket number. at [email protected] or call Description: § 205(d) rate filing per Any person desiring to intervene or toll-free, (886) 208–3676 or TYY, (202) 35.13(a)(2)(iii): 2015–02–27_SA 2754 protest in any of the above proceedings 502–8659.

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Any questions concerning this will not serve to make the filer a party Procedure (18 CFR 385.211, 385.214). application may be directed to Lisa A. to the proceeding. The Commission’s Protests will be considered by the Connolly, General Manager Rates and rules require that persons filing Commission in determining the Certificates, East Tennessee Natural Gas, comments in opposition to the project appropriate action to be taken, but will LLC, P.O. Box 1642, Houston, Texas provide copies of their protests only to not serve to make protestants parties to 77251–1642, by telephone at (713) 627– the party or parties directly involved in the proceeding. Any person wishing to 4102, or by email at laconnolly@ the protest. become a party must file a notice of spectraenergy.com. Persons who wish to comment only intervention or motion to intervene, as Pursuant to section 157.9 of the on the environmental review of this appropriate. Such notices, motions, or Commission’s rules (18 CFR 157.9), project should submit an original and protests must be filed on or before the within 90 days of this Notice, the two copies of their comments to the comment date. On or before the Commission staff will either: Complete Secretary of the Commission. comment date, it is not necessary to its environmental assessment (EA) and Environmental commenters will be serve motions to intervene or protests place it into the Commission’s public placed on the Commission’s on persons other than the Applicant. record (eLibrary) for this proceeding; or environmental mailing list, will receive The Commission encourages issue a Notice of Schedule for copies of the environmental documents, electronic submission of protests and Environmental Review. If a Notice of and will be notified of meetings interventions in lieu of paper using the Schedule for Environmental Review is associated with the Commission’s ‘‘eFiling’’ link at http://www.ferc.gov. issued, it will indicate, among other environmental review process. Persons unable to file electronically milestones, the anticipated date for the Environmental commenters will not be should submit an original and 5 copies Commission staff’s issuance of the EA required to serve copies of filed of the protest or intervention to the for this proposal. The filing of the EA documents on all other parties. Federal Energy Regulatory Commission, in the Commission’s public record for However, the non-party commenters 888 First Street NE., Washington, DC this proceeding or the issuance of a will not receive copies of all documents 20426. Notice of Schedule for Environmental filed by other parties or issued by the This filing is accessible on-line at Review will serve to notify federal and Commission (except for the mailing of http://www.ferc.gov, using the state agencies of the timing for the environmental documents issued by the ‘‘eLibrary’’ link and is available for completion of all necessary reviews, and Commission) and will not have the right electronic review in the Commission’s the subsequent need to complete all to seek court review of the Public Reference Room in Washington, federal authorizations within 90 days of Commission’s final order. DC. There is an ‘‘eSubscription’’ link on the date of issuance of the Commission The Commission strongly encourages the Web site that enables subscribers to staff’s EA. electronic filings of comments, protests receive email notification when a There are two ways to become and interventions in lieu of paper using document is added to a subscribed involved in the Commission’s review of the ‘‘eFiling’’ link at http:// docket(s). For assistance with any FERC this project. First, any person wishing to www.ferc.gov. Persons unable to file Online service, please email obtain legal status by becoming a party electronically should submit an original [email protected], or call to the proceedings for this project and seven copies of the protest or (866) 208–3676 (toll free). For TTY, call should, on or before the comment date intervention to the Federal Energy (202) 502–8659. stated below file with the Federal Regulatory Commission, 888 First Street Comment Date: 5:00 p.m. Eastern Energy Regulatory Commission, 888 NE., Washington, DC 20426. Time on March 20, 2015. First Street NE., Washington, DC 20426, Comment Date: 5:00 p.m. Eastern a motion to intervene in accordance Dated: February 27, 2015. Time on March 23, 2015. with the requirements of the Nathaniel J. Davis, Sr., Commission’s Rules of Practice and Dated: March 2, 2015. Deputy Secretary. Procedure (18 CFR 385.214 or 385.211) Kimberly D. Bose, [FR Doc. 2015–05250 Filed 3–5–15; 8:45 am] and the Regulations under the NGA (18 Secretary. BILLING CODE 6717–01–P CFR 157.10). A person obtaining party [FR Doc. 2015–05201 Filed 3–5–15; 8:45 am] status will be placed on the service list BILLING CODE 6717–01–P maintained by the Secretary of the DEPARTMENT OF ENERGY Commission and will receive copies of all documents filed by the applicant and DEPARTMENT OF ENERGY Federal Energy Regulatory by all other parties. A party must submit Commission seven copies of filings made in the Federal Energy Regulatory proceeding with the Commission and Commission [Docket No. ER15–402–001; Docket No. ER15–817–000; Docket No. ER15–861–000] must mail a copy to the applicant and [Docket No. EL15–49–000] to every other party. Only parties to the California Independent System proceeding can ask for court review of City of Alexandria, Louisiana; Notice of Operator Corporation; Notice of FERC Commission orders in the proceeding. Filing Staff Attendance However, a person does not have to intervene in order to have comments Take notice that on February 26, 2015, The Federal Energy Regulatory considered. The second way to the City of Alexandria, Louisiana Commission (Commission) hereby gives participate is by filing with the submitted a petition for approval of notice that on March 5, 2015 members Secretary of the Commission, as soon as revenue requirement for reactive power of its staff will attend the following possible, an original and two copies of and voltage control from Generation teleconferences to be conducted by the comments in support of or in opposition Sources Service. California Independent System Operator to this project. The Commission will Any person desiring to intervene or to (CAISO). The agenda and other consider these comments in protest this filing must file in documents for the teleconferences are determining the appropriate action to be accordance with Rules 211 and 214 of available on the CAISO’s Web site, taken, but the filing of a comment alone the Commission’s Rules of Practice and www.caiso.com.

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—Energy Imbalance Market Transitional DEPARTMENT OF ENERGY l. Deadline for filing additional study Committee requests and requests for cooperating Federal Energy Regulatory —Market Update agency status: April 14, 2015. Commission The Commission strongly encourages Sponsored by the CAISO, the [Project No. 12635–002] electronic filing. Please file additional teleconferences are open to all market study requests and requests for participants and staff’s attendance is Moriah Hydro Corporation; Notice of cooperating agency status using the part of the Commission’s ongoing Application Tendered for Filing With Commission’s eFiling system at http:// outreach efforts. The teleconferences the Commission and Soliciting www.ferc.gov/docs-filing/efiling.asp. For may discuss matters at issue in the Additional Study Requests assistance, please contact FERC Online above captioned dockets. Support at FERCOnlineSupport@ February 27, 2015. ferc.gov, (866) 208–3676 (toll free), or For further information, contact Saeed Take notice that the following (202) 502–8659 (TTY). In lieu of Farrokhpay at saeed.farrokhpay@ hydroelectric application has been filed electronic filing, please send a paper ferc.gov (916) 294–0322. with the Commission and is available copy to: Secretary, Federal Energy Dated: February 27, 2015. for public inspection. Regulatory Commission, 888 First Street a. Type of Application: Original Major Nathaniel J. Davis, Sr., NE., Washington, DC 20426. The first License. page of any filing should include docket Deputy Secretary. b. Project No.: 12635–002. number P–12635–002. [FR Doc. 2015–05246 Filed 3–5–15; 8:45 am] c. Date filed: February 13, 2015 . m. The application is not ready for BILLING CODE 6717–01P d. Applicant: Moriah Hydro environmental analysis at this time. Corporation. n. The proposed project consists of: e. Name of Project: Mineville Energy (1) An upper reservoir located within DEPARTMENT OF ENERGY Storage Project. the upper portion of the mine between f. Location: The project would be elevations 495 and 1,095 feet above Federal Energy Regulatory located in an abandoned subterranean 1 mean sea level (msl), with a surface area Commission mine complex in the town of Moriah, of 4 acres and a storage capacity of 2,448 Essex County, New York. No federal acre-feet; (2) a lower reservoir in the lands are occupied by project works or [Docket No. EL15–42–000] lower portion of the mine between located within the project boundary. elevations -1,075 and -1,555 feet msl, g. Filed Pursuant to: Federal Power FortisUS Energy Corporation, Central with a surface area of 5.1 acres and a Act 16 U.S.C. 791(a)–825(r). Hudson Gas & Electric Corporation, h. Applicant Contact: James A. Besha, storage capacity of 2,448 acre-feet; (3) a Tucson Electric Power Company, UNS P.E., President, Moriah Hydro 14-foot-diameter and 2,955-foot-long Electric, Inc., UniSource Energy Corporation, 5 Washington Square, upper reservoir shaft connecting the Development Company; Notice of Albany, NY 12205; or at (518) 456–7712. upper reservoir to the high-pressure Institution of Section 206 Proceeding i. FERC Contact: John Mudre, (202) penstock located below the powerhouse and Refund Effective Date 502–8902 or [email protected]. chamber floor; (4) a 14-foot-diameter j. Cooperating agencies: Federal, state, and 2,955-foot-long lower reservoir shaft On February 27, 2015, the local, and tribal agencies with connecting the lower reservoir and the lower reservoir ventilation tunnel; (5) Commission issued an order in Docket jurisdiction and/or special expertise two 6-foot-diameter emergency No. EL15–42–000, pursuant to section with respect to environmental issues that wish to cooperate in the evacuation shafts located between the 206 of the Federal Power Act (FPA), 16 powerhouse chamber and the electrical U.S.C. 824e (2012), instituting an preparation of the environmental document should follow the equipment chamber; (6) a 25-foot- investigation concerning the justness diameter main shaft extending 2,955 and reasonableness of the Fortis MBR instructions for filing such requests described in item l below. Cooperating feet from the surface down to the Sellers’ market-based rates in the powerhouse chamber; (7) 15-foot- Tucson Electric balancing authority agencies should note the Commission’s policy that agencies that cooperate in diameter high- and low-pressure steel area.1 FortisUS Energy Corporation, et the preparation of the environmental penstocks embedded beneath the al., 150 FERC ¶ 61,153 (2015). document cannot also intervene. See, 94 powerhouse chamber floor; (8) a 320- The refund effective date in Docket FERC ¶ 61,076 (2001). foot-long by 80-foot-wide powerhouse No. EL15–42–000, established pursuant k. Pursuant to section 4.32(b)(7) of 18 chamber, containing 100 reversible to section 206(b) of the FPA, will be the CFR of the Commission’s regulations, if pump-turbine units, each with a date of publication of this notice in the any resource agency, Indian Tribe, or nameplate generating capacity of 2.4 megawatts; (9) a 274-foot-long by 36- Federal Register. person believes that an additional scientific study should be conducted in foot-wide underground electrical Dated: February 27, 2015. order to form an adequate factual basis equipment chamber adjacent to the Nathaniel J. Davis, Sr., for a complete analysis of the powerhouse chamber; (10) an inclined Deputy Secretary. application on its merit, the resource electrical tunnel connecting the electrical equipment chamber to a new [FR Doc. 2015–05254 Filed 3–5–15; 8:45 am] agency, Indian Tribe, or person must file 115-kilovolt (kV) substation constructed a request for a study with the BILLING CODE 6717–01–P adjacent to an existing single circuit Commission not later than 60 days from 115-kV transmission line located about the date of filing of the application, and one horizontal mile from the 1 serve a copy of the request on the For the purpose of this filing, the Fortis MBR underground powerhouse chamber; and Sellers include: FortisUS Energy Corporation; applicant. Central Hudson Gas and Electric Corporation; (11) appurtenant facilities. The project Tucson Electric Power Company (Tucson Electric); 1 The existing mine complex is composed of the would operate as a closed-loop system UNS Electric, Inc.; and UniSource Energy interconnected Old Bed, Bonanza open pit, and to meet energy demands and grid Development Company. Harmony mines. control requirements. The project would

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have an average annual generation of DEPARTMENT OF ENERGY Date and time Location 421 gigawatt-hours (GWh). The average pumping power used by the project Federal Energy Regulatory Tuesday, March 10, Forest Hills Middle would be 554 GWh. Commission 2015, 7:00 p.m. School, 1210 For- est Hills Road, Wil- o. A copy of the application is [Docket Nos. PF15–5–000; PF15–6–000] son, NC 27896. available for review at the Commission Wednesday, March William R. Davie Mid- in the Public Reference Room or may be Dominion Transmission, Inc., Atlantic 11, 2015, 7:00 p.m. dle School, 4391 viewed on the Commission’s Web site at Coast Pipeline, LLC; Notice of Intent Hwy. 158, Roa- http://www.ferc.gov using the To Prepare an Environmental Impact noke Rapids, NC 27870. ‘‘eLibrary’’ link. Enter the docket Statement for the Planned Supply Header Project and Atlantic Coast Thursday, March 12, Jolliff Middle School, number excluding the last three digits in 2015, 7:00 p.m. 1021 Jolliff Road, the docket number field to access the Pipeline Project, Request for Comments on Environmental Issues, Chesapeake, VA document. For assistance, contact FERC 23331. and Notice of Public Scoping Meetings Online Support. A copy is also available Monday, March 16, Dinwiddie Middle for inspection and reproduction at the The staff of the Federal Energy 2015, 7:00 p.m. School, 11608 address in item h above. Regulatory Commission (FERC or Courthouse Road, Dinwiddie, VA You may also register online at http:// Commission) will prepare an 23841. www.ferc.gov/docs-filing/ environmental impact statement (EIS) Tuesday, March 17, Prince Edward Coun- esubscription.asp to be notified via that will discuss the environmental 2015, 7:00 p.m. ty High School Au- email of new filings and issuances impacts of the Supply Header Project ditorium, 1482 Zion related to this or other pending projects. (SHP) involving construction and Hill Road, operation of facilities by Dominion Farmville, VA For assistance, contact FERC Online Transmission, Inc. (Dominion) in 23901. Support. Pennsylvania and West Virginia, and Wednesday, March Nelson County Mid- p. Procedural schedule: The the Atlantic Coast Pipeline Project (ACP 18, 2015, 7:00 p.m. dle School, 6925 application will be processed according Thomas Nelson Project) involving construction and Highway, to the following preliminary Hydro operation of facilities by Atlantic Coast Lovingston, VA Licensing Schedule. Revisions to the Pipeline, LLC (Atlantic) in West 22949. schedule will be made as appropriate. Virginia, Virginia, and North Carolina. Thursday, March 19, Stuarts Draft High The environmental impacts of both 2015, 7:00 p.m. School, 1028 Au- Issue Notice of Acceptance or projects will be considered in one EIS, gusta Farms Road, Deficiency April 2015 which will be used by the Commission Stuarts Draft, VA Request Additional Information April in its decision-making process to 24477. 2015 determine whether the projects are in Monday, March 23, Elkins High School, the public convenience and necessity. 2015, 7:00 p.m. 100 Kennedy Issue Acceptance Letter July 2015 Drive, Elkins, WV This notice announces the opening of 26241. Issue Scoping Document 1 for the scoping process the Commission comments August 2015 Tuesday, March 24, Bridgeport High will use to gather input from the public 2015, 7:00 p.m. School, 515 John- Comments on Scoping Document 1 and interested agencies on the projects. son Avenue, September 2015 Your input will help the Commission Bridgeport, WV Issue Scoping Document 2 October staff determine what issues they need to 26330. 2015 evaluate in the EIS. Please note that the scoping period will close on April 28, Issue notice of ready for environmental The purpose of these scoping 2015. meetings is to provide an opportunity to analysis October 2015 You may submit comments in written verbally comment on the projects. If a Commission issues EA, draft EA, or form or verbally. Further details on how significant number of people are draft EIS April 2016 to submit written comments are in the interested in commenting at the Comments on EA, draft EA, or draft EIS Public Participation section of this meetings, we 1 may establish a 3- to 5- June 2016 notice. If you sent comments on the SHP minute time limit for each commentor or ACP Projects to the Commission to ensure that all people wishing to Commission issues final EA or final EIS before the opening of the dockets on comment have the opportunity in the August 2016 October 31, 2014, you will need to file time allotted for the meeting. If time Nathaniel J. Davis, Sr., those comments under Docket No. limits on comments are implemented, PF15–5–000 or PF15–6–000 to ensure Deputy Secretary. they will be strictly enforced. A they are considered as part of this transcript of each meeting will be added [FR Doc. 2015–05251 Filed 3–5–15; 8:45 am] proceeding. In lieu of or in addition to to the Commission’s administrative BILLING CODE 6717–01–P sending written comments, the record to ensure that your comments are Commission invites you to attend any of accurately recorded. the public scoping meetings scheduled This notice is being sent to the as follows: Commission’s current environmental Date and time Location mailing list for these projects. State and local government representatives should Monday, March 9, Pine Forest High notify their constituents of these 2015, 7:00 p.m. School, 525 An- drews Road, Fay- 1 ‘‘We,’’ ‘‘us,’’ and ‘‘our’’ refer to the etteville, NC environmental staff of the Commission’s Office of 28311. Energy Projects.

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planned projects and encourage them to appurtenances at these existing land for the pipeline and aboveground comment on their areas of concern. compressor station locations. facilities. The typical construction right- If you are a landowner receiving this The ACP Project would involve the of-way for pipeline facilities would vary notice, a pipeline company construction and operation of 554 miles between 125 feet wide for the 42-inch- representative may contact you about of variable diameter natural gas pipeline diameter pipeline and 75 feet wide for the acquisition of an easement to in West Virginia, Virginia, and North the 16-inch-diameter lateral pipeline, construct, operate, and maintain the Carolina. The pipeline facilities with additional workspace needed in planned facilities. The company would associated with the ACP Project would some locations due to site-specific seek to negotiate a mutually acceptable be comprised of four main components conditions. Following construction, agreement. However, if the Commission as follows: approximately 4,370 acres of land • approves the projects, that approval Approximately 295.6 miles of 42- would be retained for permanent conveys with it the right of eminent inch-diameter pipeline in Harrison, operation of the facilities. Land affected domain. Therefore, if easement Lewis, Upshur, Randolph, and by construction but not required for negotiations fail to produce an Pocahontas Counties, West Virginia; operation would generally be allowed to agreement, the pipeline company could Highland, Augusta, Nelson, revert to former uses. Buckingham, Cumberland, Prince initiate condemnation proceedings The EIS Process where compensation would be Edward, Nottoway, Dinwiddie, determined in accordance with state Brunswick, and Greensville Counties, The FERC will be the lead federal law. Virginia; and Northampton County, agency for the preparation of the EIS. North Carolina; The U.S. Forest Service (USFS) is A fact sheet prepared by the FERC • approximately 179.9 miles of 36- participating as a cooperating agency entitled ‘‘An Interstate Natural Gas inch-diameter pipeline in Northampton, because the ACP Project would cross the Facility On My Land? What Do I Need Halifax, Nash, Wilson, Johnston, Monongahela and George Washington To Know?’’ is available for viewing on Sampson, Cumberland, and Robeson National Forests in West Virginia and the FERC Web site (www.ferc.gov). This Counties, North Carolina; Virginia. As a cooperating agency, the fact sheet addresses a number of • approximately 75.7 miles of 20- USFS intends to adopt the EIS per Title typically asked questions, including the inch-diameter lateral pipeline in 40 of the Code of Federal Regulations, use of eminent domain and how to Northampton County, North Carolina; Part 1506.3 to meet its responsibilities participate in the Commission’s and Greensville, Southampton, Suffolk, under the National Environmental proceedings. and Chesapeake Counties, Virginia; and Policy Act (NEPA) regarding Atlantic’s Summary of the Planned Projects • approximately 3.1 miles of 16-inch- planned application for a Right-of-Way diameter natural gas lateral pipeline in Grant and Temporary Use Permit for The SHP would involve the Brunswick County, Virginia. crossing federally administered lands. construction and operation of In addition to the planned pipelines, The USFS additionally will assess how approximately 38.7 miles of pipeline Atlantic plans to construct and operate the planned pipeline conforms to the loop 2 and the modification of existing three new compressor stations totaling direction contained in the Monongahela compression facilities in Pennsylvania 108,275 horsepower of compression. and George Washington National and West Virginia. The pipeline These compressor stations would be Forests’ Land and Resource facilities associated with the SHP would located in Lewis County, West Virginia; Management Plans (LRMP). Changes in be comprised of two main components: Buckingham County, Virginia; and the LRMP could be required if the (1) Approximately 3.8 miles of 30-inch- Northampton County, North Carolina. pipeline is authorized across the diameter natural gas pipeline loop Atlantic would also install metering National Forests. The EIS will provide adjacent to Dominion’s existing LN–25 stations, valves, pig launcher/receiver the documentation to support any pipeline in Westmoreland County, sites, and associated appurtenances needed amendments to the LRMPs. Pennsylvania; and (2) approximately along the planned pipeline system. NEPA requires the Commission to 34.9 miles of 36-inch-diameter pipeline The SHP and ACP Projects would be take into account the environmental loop adjacent to Dominion’s existing capable of delivering 1.5 billion cubic impacts that could result from an action TL–360 pipeline in Harrison, feet of natural gas per day to seven whenever it considers the issuance of a Doddridge, Tyler, and Wetzel Counties, planned distribution points in West Certificate of Public Convenience and West Virginia. Virginia, Virginia, and North Carolina. If Necessity. NEPA also requires us to In addition to the planned pipelines, approved, construction of the projects is discover and address concerns the Dominion plans to modify four existing proposed to begin in September 2016. public may have about proposals. This compressor stations in Westmoreland The general location of the projects’ process is referred to as scoping. The and Green Counties, Pennsylvania and facilities and a number of alternatives main goal of the scoping process is to Marshall and Wetzel Counties, West under consideration are shown in the focus the analysis in the EIS on the Virginia. Dominion would install new maps in appendix 1.4 important environmental issues. By this notice, the Commission requests public gas-fired turbines that would provide for Land Requirements for Construction a combined increase of 75,700 comments on the scope of the issues to horsepower of compression. Dominion Construction of the planned facilities address in the EIS. We will consider all would also install new valves, pig would disturb about 12,972 acres of filed comments during the preparation launcher/receiver sites,3 and associated of the EIS. 4 The appendices referenced in this notice will In the EIS we will discuss impacts not appear in the Federal Register. Copies of the 2 A pipeline ‘‘loop’’ is a segment of pipe appendices were sent to all those receiving this that could occur as a result of the constructed parallel to an existing pipeline to notice in the mail and are available at www.ferc.gov construction and operation of the increase capacity. using the link called ‘‘eLibrary’’ or from the planned projects under these general 3 A ‘‘pig’’ is a tool that the pipeline company Commission’s Public Reference Room, 888 First headings: inserts into and pushes through the pipeline for Street NE., Washington, DC 20426, or call (202) • cleaning the pipeline, conducting internal 502–8371. For instructions on connecting to Geology and soils; inspections, or other purposes. eLibrary, refer to the last page of this notice. • land use;

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• water resources, fisheries, and Agencies that would like to request • safety issues, such as construction wetlands; cooperating agency status should follow and operation of the planned facilities • cultural resources; the instructions for filing comments near existing residences, schools, • vegetation and wildlife; provided under the Public Participation businesses, and military training • air quality and noise; • section of this notice. As discussed facilities, and in karst and steep slope endangered and threatened species; above, the USFS has expressed its terrain; • socioeconomics; and • • intention to participate as a cooperating alternatives, including routing public safety. within existing linear corridors, We will present our recommendations agency in the preparation of the EIS to avoiding private property, National in the EIS on how to lessen or avoid satisfy its NEPA responsibilities related Forests, National Parkway lands, impacts on the various resource areas, to these projects. In addition to the National Wildlife Refuge land, and other as applicable. USFS, the U.S. Bureau of Land Management, U.S. Fish and Wildlife sensitive environmental features; Dominion and Atlantic are evaluating • several route alternatives that were Service Great Dismal Swamp National impacts on local emergency developed through the company’s route Wildlife Refuge, and the U.S. Army management systems; • impacts on forested areas and other selection and constraint analysis Corps of Engineers have also agreed to vegetation; processes or identified by stakeholders participate as cooperating agencies. • impacts on surface water resources during public outreach efforts. Major Consultations Under Section 106 of the including springs, seeps, and wetlands; route alternatives that have been National Historic Preservation Act • impacts on groundwater resources identified by Dominion and Atlantic are In accordance with the Advisory and wells; presented in appendix 1. More detailed • impacts on protected species and maps of these, and other, potential Council on Historic Preservation’s implementing regulations for Section habitat; alternative routes can be found on the • impacts on cultural resources 106 of the National Historic FERC Web site at www.ferc.gov, or including battlefields, cemeteries, and Preservation Act, we are using this Dominion’s Web site at https:// historic properties; and notice to initiate consultation with the www.dom.com/corporate/what-we-do/ • concerns regarding construction applicable State Historic Preservation natural-gas/atlantic-coast-pipeline. Part and operational noise, especially related Offices, and to solicit their views and of our NEPA analysis will include to compressor stations. evaluating possible alternatives to the those of other government agencies, planned projects or portions of the interested Indian tribes, and the public Public Participation projects. Thus, as part of our scoping on the projects’ potential effects on You can make a difference by 6 process, we are specifically soliciting historic properties. We will define the providing us with your specific comments on the range of alternatives project-specific Area of Potential Effects comments or concerns about the for both of the projects. (APE) in consultation with the SHPOs projects. Your comments should focus Although no formal application has as the projects develop. On natural gas on the potential environmental effects, been filed, we have already initiated our facility projects, the APE at a minimum reasonable alternatives, and measures to NEPA review under the Commission’s encompasses all areas subject to ground avoid or lessen environmental impacts. pre-filing process. The purpose of the disturbance (examples include The more specific your comments, the pre-filing process is to encourage early construction right-of-way, contractor/ more useful they will be. To ensure that involvement of interested stakeholders pipe storage yards, compressor stations, your comments are timely and properly and to identify and resolve issues before and access roads). Our EIS for these recorded, please send your comments so the FERC receives an application. As projects will document our findings on that the Commission receives them in part of our pre-filing review, we have the impacts on historic properties and Washington, DC on or before April 28, begun to contact some federal and state summarize the status of consultations 2015. agencies to discuss their involvement in under Section 106. For your convenience, there are three the scoping process and the preparation Currently Identified Environmental methods you can use to submit your of the EIS. Issues comments to the Commission. In all The EIS will present our independent instances, please reference the analysis of the issues. We will publish We have already identified several appropriate project docket number(s) and distribute the draft EIS for public issues that we think deserve attention (PF15–5–000 for the SHP and PF15–6– comment. After the comment period, we based on a preliminary review of the 000 for the ACP Project) with your will consider all timely comments and planned facilities and the submission. The Commission revise the document, as necessary, environmental information provided by encourages electronic filing of before issuing a final EIS. To ensure we Dominion and Atlantic. This comments and has expert staff available have the opportunity to consider and preliminary list of issues may change to assist you at (202) 502–8258 or address your comments, please carefully based on your comments and our [email protected]. follow the instructions in the Public analysis. (1) You can file your comments Participation section beginning on page • Land use impacts, including the electronically using the eComment 8. exercise of eminent domain and future feature located on the Commission’s With this notice, we are asking land use restrictions; Web site (www.ferc.gov) under the link agencies with jurisdiction by law • impacts on property values, to Documents and Filings. This is an and/or special expertise with respect to tourism, and recreational resources; easy method for interested persons to the environmental issues related to submit brief, text-only comments on a these projects to formally cooperate 6 project; 5 The Advisory Council on Historic Preservation with us in the preparation of the EIS. regulations are at Title 36, Code of Federal (2) You can file your comments Regulations, Part 800. Those regulations define electronically using the eFiling feature 5 The Council on Environmental Quality historic properties as any prehistoric or historic located on the Commission’s Web site regulations addressing cooperating agency district, site, building, structure, or object included responsibilities are at Title 40, Code of Federal in or eligible for inclusion in the National Register (www.ferc.gov) under the link to Regulations, Part 1501.6. of Historic Places. Documents and Filings. With eFiling,

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you can provide comments in a variety must wait until the Commission Description: Self-Certification of EG of of formats by attaching them as a file receives formal applications for the Sandow Power Company LLC. with your submission. New eFiling projects. Filed Date: 3/2/15. users must first create an account by Accession Number: 20150302–5141. Additional Information clicking on ‘‘eRegister.’’ You must select Comments Due: 5 p.m. ET 3/23/15. the type of filing you are making. If you Additional information about the Take notice that the Commission are filing a comment on a particular projects is available from the received the following electric rate project, please select ‘‘Comment on a Commission’s Office of External Affairs, filings: Filing;’’ or at (866) 208–FERC, or on the FERC Web Docket Numbers: ER13–2109–003; (3) You can file a paper copy of your site (www.ferc.gov) using the eLibrary ER13–2106–003; ER10–1410–003; ER13– comments by mailing them to the link. Click on the eLibrary link, click on 321–003; ER13–412–002; ER13–450–002; following address: Kimberly D. Bose, ‘‘General Search,’’ and enter the docket ER13–434–002; ER13–518–002; ER13– Secretary, Federal Energy Regulatory number, excluding the last three digits 1403–004; ER14–2140–003; ER14–2141– Commission, 888 First Street NE., Room in the Docket Number field (i.e., PF15– 003; ER15–632–001; ER15–634–001; 1A, Washington, DC 20426. 5 or PF15–6). Be sure you have selected ER14–2466–002; ER14–2465–002; Environmental Mailing List an appropriate date range. For Applicants: Fowler Ridge Wind Farm assistance, please contact FERC Online LLC, Cottonwood Solar, LLC, CID Solar, The environmental mailing list Support at [email protected] LLC, RE Camelot LLC, RE Columbia includes federal, state, and local or toll free at (866) 208–3676, or for Two LLC, Selmer Farm, LLC, Mulberry government representatives and TTY, contact (202) 502–8659. The Farm, LLC, Dominion Retail, Inc., agencies; elected officials; eLibrary link also provides access to the Dominion Energy Manchester Street, environmental and public interest texts of formal documents issued by the Inc., Dominion Energy Marketing, Inc., groups; Native American Tribes; other Commission, such as orders, notices, Dominion Nuclear Connecticut, LLC, interested parties; and local libraries and rulemakings. Fairless Energy, LLC, NedPower Mount and newspapers. This list also includes In addition, the Commission offers a Storm, LLC, Dominion Bridgeport Fuel all affected landowners (as defined in free service called eSubscription that Cell, LLC, Virginia Electric and Power the Commission’s regulations) who are allows you to keep track of all formal Company. potential right-of-way grantors, whose issuances and submittals in specific Description: Supplement to January 9, property may be used temporarily for dockets. This can reduce the amount of 2015 Notice of Non-Material Change in project purposes, or who own homes time you spend researching proceedings Status of the Dominion Companies. within certain distances of aboveground by automatically providing you with Filed Date: 2/19/15. facilities, as well as anyone who notification of these filings, document Accession Number: 20150219–5211. submits comments on the projects. We summaries, and direct links to the Comments Due: 5 p.m. ET 3/12/15. will update the environmental mailing documents. Go to www.ferc.gov/docs- Docket Numbers: ER14–1639–003. list as the analysis proceeds to ensure filing/esubscription.asp. Applicants: ISO New England Inc. that we send the information related to Finally, public meetings or site visits Description: Compliance filing per 35: this environmental review to all will be posted on the Commission’s Compliance Filing Concerning the individuals, organizations, and calendar located at www.ferc.gov/ Renewable Technology Resource government entities interested in and/or EventCalendar/EventsList.aspx along Exemption to be effective 3/2/2015. potentially affected by the planned with other related information. Filed Date: 3/2/15. projects. Accession Number: 20150302–5275. Copies of the completed draft EIS will Dated: February 27, 2015. Comments Due: 5 p.m. ET 3/23/15. be sent to the environmental mailing list Nathaniel J. Davis, Sr., Docket Numbers: ER15–124–002. for public review and comment. If you Deputy Secretary. Applicants: Tucson Electric Power would prefer to receive a paper copy of [FR Doc. 2015–05248 Filed 3–5–15; 8:45 am] Company. the document instead of the CD version BILLING CODE 6717–01–P Description: Tariff Amendment per or would like to remove your name from 35.17(b): Response to Deficiency Letter the mailing list, please return the dated January 15, 2015 to be effective 9/ attached Information Request (appendix DEPARTMENT OF ENERGY 17/2014. 2). Filed Date: 3/2/15. Federal Energy Regulatory Accession Number: 20150302–5180. Becoming an Intervenor Commission Comments Due: 5 p.m. ET 3/23/15. Once Dominion and Atlantic file Docket Numbers: ER15–542–001. applications with the Commission, you Combined Notice of Filings #1 Applicants: Midcontinent may want to become an ‘‘intervenor,’’ Take notice that the Commission Independent System Operator, Inc. which is an official party to the Description: Compliance filing per 35: received the following exempt Commission’s proceeding. Intervenors 2015–03–02_Land Costs Recovery wholesale generator filings: play a more formal role in the process Compliance Filing to be effective 1/31/ Docket Numbers: EG15–58–000. and are able to file briefs, appear at 2015. hearings, and be heard by the courts if Applicants: Oak Grove Management Filed Date: 3/2/15. they choose to appeal the Commission’s Company LLC. Accession Number: 20150302–5304. final ruling. An intervenor formally Description: Self-Certification of EG of Comments Due: 5 p.m. ET 3/23/15. participates in the proceeding by filing Oak Grove Management Company LLC. Docket Numbers: ER15–933–001. a request to intervene. Instructions for Filed Date: 3/2/15. Applicants: Midcontinent becoming an intervenor are in the User’s Accession Number: 20150302–5139. Independent System Operator, Inc. Guide under the ‘‘e-filing’’ link on the Comments Due: 5 p.m. ET 3/23/15. Description: Tariff Amendment per Commission’s Web site. Please note that Docket Numbers: EG15–59–000. 35.17(b): 2015–03–02_Amend Schedule the Commission will not accept requests Applicants: Sandow Power Company 31 Annual Update to be effective 4/1/ for intervenor status at this time. You LLC. 2015.

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Filed Date: 3/2/15. Comments Due: 5 p.m. ET 3/23/15. DEPARTMENT OF ENERGY Accession Number: 20150302–5300. Docket Numbers: ER15–1147–000. Comments Due: 5 p.m. ET 3/23/15. Applicants: Bucksport Generation Federal Energy Regulatory Docket Numbers: ER15–995–001. LLC. Commission Applicants: Verso Androscoggin LLC. Description: Compliance filing per 35: [Docket No. CP15–88–000] Description: Compliance filing per 35: Bucksport Generation LLC eTariff 2015– Amendment to Filing to be effective 4/ 03–02 to be effective 3/2/2015. Tennessee Gas Pipeline Company, 6/2015. Filed Date: 3/2/15. L.L.C.; Notice of Application Filed Date: 3/2/15. Accession Number: 20150302–5286. Accession Number: 20150302–5298. Comments Due: 5 p.m. ET 3/23/15. Take notice that on February 13, 2015, Comments Due: 5 p.m. ET 3/23/15. Docket Numbers: ER15–1148–000. Tennessee Gas Pipeline Company, L.L.C. (Tennessee) filed an application Docket Numbers: ER15–1141–000. Applicants: Milford Wind Corridor with the Federal Energy Regulatory Applicants: Midcontinent Phase I, LLC. Description: Section 205(d) rate filing Commission pursuant to sections 7(b) Independent System Operator, Inc. per 35.13(a)(2)(iii): Market-Based Rate and 7(c) of the Natural Gas Act (NGA) Description: Section 205(d) rate filing Tariff Revisions to be effective 5/2/2015. requesting authority to abandon, per 35.13(a)(2)(iii): 2015–02–27_ORCA Filed Date: 3/2/15. construct and operate certain mainline Rate Schedule 44 to be effective 4/1/ Accession Number: 20150302–5312. pipeline facilities located in Louisiana, 2015. Comments Due: 5 p.m. ET 3/23/15. Arkansas, Mississippi, Tennessee, Filed Date: 2/27/15. Docket Numbers: ER15–1149–000. Kentucky, and Ohio, all as more Accession Number: 20150227–5513. Applicants: Longfellow Wind, LLC. completely described in the Comments Due: 5 p.m. ET 3/20/15. Description: Section 205(d) rate filing Application. This filing is available for Docket Numbers: ER15–1142–000. per 35.13(a)(2)(iii): Market-Based Rate review at the Commission in the Public Applicants: PacifiCorp.. Tariff Revisions to be effective 5/2/2015. Reference Room or may be viewed on Description: Section 205(d) rate filing Filed Date: 3/2/15. the Commission’s Web site web at per 35.13(a)(2)(iii): PGE Hemlock Sub Accession Number: 20150302–5318. http://www.ferc.gov using the Tap Agreement to be effective 4/29/ Comments Due: 5 p.m. ET 3/23/15. ‘‘eLibrary’’ link. Enter the docket 2015. Take notice that the Commission number excluding the last three digits in Filed Date: 2/27/15. received the following electric the docket number field to access the Accession Number: 20150227–5514. reliability filings: document. For assistance, contact FERC Comments Due: 5 p.m. ET 3/20/15. Docket Numbers: RR15–7–000. at [email protected] or call Docket Numbers: ER15–1143–000. Applicants: North American Electric toll-free, (886) 208–3676 or TYY, (202) Applicants: Northern States Power Reliability Corporation. 502–8659. Company, a Minnesota coporation. Description: Petition of North Any questions regarding the Description: Section 205(d) rate filing American Electric Reliability application should be directed to John per 35.13(a)(2)(iii): 2015–2–27 NSP– Corporation for Approval of E. Griffin, Assistant General Counsel, MMPA–Rev I&I_3–NSP_0.1.0 to be Amendments to the Bylaws of the Texas Tennessee Gas Pipeline Company, effective 1/1/2015. Reliability Entity, Inc. L.L.C., 1001 Louisiana Street, Houston, Filed Date: 2/27/15. Filed Date: 2/27/15. Texas 77002, phone: (713) 420–3624, Accession Number: 20150227–5524. Accession Number: 20150227–5580. facsimile: (713) 420–1601, email: john_ Comments Due: 5 p.m. ET 3/20/15. Comments Due: 5 p.m. ET 3/20/15. [email protected], or H. Docket Numbers: ER15–1144–000. The filings are accessible in the Milton Palmer, Jr., Rates and Regulatory Applicants: San Diego Gas & Electric Commission’s eLibrary system by Affairs, Tennessee Gas Pipeline Company. clicking on the links or querying the Company, L.L.C., 1001 Louisiana Street, Description: Section 205(d) rate filing docket number. Houston, Texas 77002, phone: (713) Any person desiring to intervene or 420–3297, facsimile: (713) 420–1605, per 35.13(a)(2)(iii): Appendix XI Gen _ Int. O&M Fixed Rate Charge to be protest in any of the above proceedings email: milton palmer@ effective 3/1/2015. must file in accordance with Rules 211 kindermorgan.com. Specifically, Tennessee requests Filed Date: 2/27/15. and 214 of the Commission’s authorization to abandon one of its Accession Number: 20150227–5545. Regulations (18 CFR 385.211 and multiple looped parallel pipelines that Comments Due: 5 p.m. ET 3/20/15. 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. comprise approximately 964 miles of Docket Numbers: ER15–1145–000. Protests may be considered, but mainline pipeline facilities between Applicants: Midcontinent intervention is necessary to become a Natchitoches Parish, Louisiana, and Independent System Operator, Inc. party to the proceeding. Columbiana County, Ohio (Abandoned Description: Section 205(d) rate filing eFiling is encouraged. More detailed Line) by sale to Utica Marcellus Texas per 35.13(a)(2)(iii): 2015–02–27_MISO– information relating to filing Pipeline LLC (UMTP), its affiliate. SPP JOA M2M Filing to be effective requirements, interventions, protests, UMTP intends to use this pipeline, in 3/1/2015. service, and qualifying facilities filings part, for conversion to natural gas Filed Date: 2/27/15. can be found at: http://www.ferc.gov/ liquids service. In order to replace the Accession Number: 20150227–5549. docs-filing/efiling/filing-req.pdf. For capacity that would otherwise be lost by Comments Due: 5 p.m. ET 3/20/15. other information, call (866) 208–3676 the sale of the Abandoned Line, Docket Numbers: ER15–1146–000. (toll free). For TTY, call (202) 502–8659. Tennessee proposes to construct and Applicants: Bucksport Mill LLC. operate approximately 7.6 miles of new Description: Compliance filing per 35: Dated: March 2, 2015. pipeline looping in Kentucky and a total Bucksport Mill LLC eTariff 2015–03–02 Nathaniel J. Davis, Sr., of 124,771 horsepower of compression to be effective 3/2/2015. Deputy Secretary. at four new compressor stations in Ohio Filed Date: 3/2/15. [FR Doc. 2015–05249 Filed 3–5–15; 8:45 am] and two stations in Kentucky Accession Number: 20150302–5285. BILLING CODE 6717–01–P (collectively, the Replacement

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Facilities). Prior to the abandonment However, a person does not have to DEPARTMENT OF ENERGY and sale of the Abandoned Line, intervene in order to have comments Tennessee will also undertake activities considered. The second way to Federal Energy Regulatory at a series of worksites along the length participate is by filing with the Commission of the Abandoned Line to disconnect it Secretary of the Commission, as soon as [Docket No. CP15–92–000] from the remaining Tennessee system. possible, an original and two copies of The estimated cost for the abandonment comments in support of or in opposition Equitrans, L.P.; Notice of Request and replacement is approximately $412 to this project. The Commission will Under Blanket Authorization million. When UMTP ultimately consider these comments in Take notice that on February 19, 2015, acquires the abandoned line under the determining the appropriate action to be terms of the Purchase and Sale Equitrans, L.P. (Equitrans), 625 Liberty taken, but the filing of a comment alone Avenue, Suite 1700, Pittsburgh, Agreement, UMTP will reimburse will not serve to make the filer a party Tennessee for all of the costs associated Pennsylvania 15222–3111, filed a prior to the proceeding. The Commission’s with the abandonment and replacement notice application pursuant to section rules require that persons filing activities, and UMTP will provide for 7(b) of the Natural Gas Act (NGA) and sections 157.205, 157.208, 157.210, and the reimbursement of fuel costs for a comments in opposition to the project 157.216 of the Federal Energy period of 10 years. provide copies of their protests only to the party or parties directly involved in Regulatory Commission’s (Commission) Pursuant to section 157.9 of the the protest. regulations under the NGA, and Commission’s rules, 18 CFR 157.9, Equitrans’ blanket certificate issued in Persons who wish to comment only within 90 days of this Notice the Docket No. CP96–352–000. Equitrans Commission staff will either: complete on the environmental review of this seeks authorization to abandon and its environmental assessment (EA) and project should submit an original and replace a segment of its TP–7911 place it into the Commission’s public two copies of their comments to the pipeline located in Cambria County, record (eLibrary) for this proceeding; or Secretary of the Commission. Pennsylvania, all as more fully set forth issue a Notice of Schedule for Environmental commentors will be in the application, which is open to the Environmental Review. If a Notice of placed on the Commission’s public for inspection. The filing may Schedule for Environmental Review is environmental mailing list, will receive also be viewed on the Web at http:// issued, it will indicate, among other copies of the environmental documents, www.ferc.gov using the ‘‘eLibrary’’ link. milestones, the anticipated date for the and will be notified of meetings Enter the docket number excluding the Commission staff’s issuance of the final associated with the Commission’s last three digits in the docket number environmental impact statement (FEIS) environmental review process. field to access the document. For or EA for this proposal. The filing of the Environmental commentors will not be assistance, contact FERC at EA in the Commission’s public record required to serve copies of filed [email protected] or call for this proceeding or the issuance of a documents on all other parties. toll-free, (866) 208–3676 or TTY, (202) Notice of Schedule for Environmental However, the non-party commentors 502–8659. Review will serve to notify federal and will not receive copies of all documents Any questions regarding this state agencies of the timing for the application should be Paul Diehl, Senior completion of all necessary reviews, and filed by other parties or issued by the Commission (except for the mailing of Counsel—Midstream, EQT Corporation, the subsequent need to complete all 625 Liberty Avenue, Suite 1700, federal authorizations within 90 days of environmental documents issued by the Commission) and will not have the right Pittsburgh, PA 15222, or phone (412) the date of issuance of the Commission 395–5540, or by email [email protected]. staff’s FEIS or EA. to seek court review of the Specifically, Equitrans proposes to There are two ways to become Commission’s final order. replace approximately 3.0 miles of 12- involved in the Commission’s review of The Commission strongly encourages inch diameter pipe with 20-inch this project. First, any person wishing to electronic filings of comments, protests diameter pipeline and install pig obtain legal status by becoming a party and interventions in lieu of paper using launchers and receivers to maintain to the proceedings for this project the ‘‘eFiling’’ link at http:// system integrity by providing Equitrans should, on or before the comment date www.ferc.gov. Persons unable to file with the ability to perform in-line stated below file with the Federal electronically should submit an original inspections for assessing the condition Energy Regulatory Commission, 888 and seven copies of the protest or of the pipeline, as well as increase the First Street NE., Washington, DC 20426, intervention to the Federal Energy operational reliability of the TP–7911 a motion to intervene in accordance regulatory Commission, 888 First Street pipeline. with the requirements of the NE., Washington, DC 20426. Any person or the Commission’s staff Commission’s Rules of Practice and may, within 60 days after issuance of Procedure (18 CFR 385.214 or 385.211) Comment Date: 5:00 p.m. Eastern the instant notice by the Commission, and the Regulations under the NGA (18 Time on March 23, 2015. file pursuant to Rule 214 of the CFR 157.10). A person obtaining party Dated: March 2, 2015. Commission’s Procedural Rules (18 CFR status will be placed on the service list Kimberly D. Bose, 385.214) a motion to intervene or notice maintained by the Secretary of the of intervention and pursuant to Section Secretary. Commission and will receive copies of 157.205 of the regulations under the all documents filed by the applicant and [FR Doc. 2015–05202 Filed 3–5–15; 8:45 am] NGA (18 CFR 157.205), a protest to the by all other parties. A party must submit BILLING CODE 6717–01–P request. If no protest is filed within the seven copies of filings made in the time allowed therefore, the proposed proceeding with the Commission and activity shall be deemed to be must mail a copy to the applicant and authorized effective the day after the to every other party. Only parties to the time allowed for filing a protest. If a proceeding can ask for court review of protest is filed and not withdrawn Commission orders in the proceeding. within 30 days after the allowed time

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for filing a protest, the instant request DEPARTMENT OF ENERGY important that we receive your shall be treated as an application for comments in Washington, DC on or authorization pursuant to section 7 of Federal Energy Regulatory before March 30, 2015. the NGA. Commission For your convenience, there are three Pursuant to section 157.9 of the [Docket No. CP14–539–000] methods you can use to file your Commission’s rules, 18 CFR 157.9, comments to the Commission. In all within 90 days of this Notice the Ozark Gas Transmission, LLC; Notice instances, please reference the project Commission staff will either: Complete of Availability of the Environmental docket number (CP14–539–000) with its environmental assessment (EA) and Assessment for the Proposed Ozark your submission. The Commission place it into the Commission’s public Abandonment Project encourages electronic filing of comments and has expert staff available record (eLibrary) for this proceeding; or The staff of the Federal Energy issue a Notice of Schedule for to assist you at (202) 502–8258 or Regulatory Commission (FERC or [email protected]. Environmental Review. If a Notice of Commission) has prepared an Schedule for Environmental Review is (1) You can file your comments environmental assessment (EA) for the electronically using the eComment issued, it will indicate, among other Ozark Abandonment Project proposed milestones, the anticipated date for the feature on the Commission’s Web site by Ozark Gas Transmission, LLC (Ozark) (www.ferc.gov) under the link to Commission staff’s issuance of the final in the above-referenced docket. Ozark environmental impact statement (FEIS) Documents and Filings. This is an easy requests authorization to abandon in- method for submitting brief, text-only or EA for this proposal. The filing of the place approximately 159 miles of EA in the Commission’s public record comments on a project; existing 10- to 20-inch-diameter (2) You can also file your comments for this proceeding or the issuance of a mainline natural gas pipeline and electronically using the eFiling feature Notice of Schedule for Environmental auxiliary and associated facilities on the Commission’s Web site Review will serve to notify federal and located between Sebastian and White (www.ferc.gov) under the link to state agencies of the timing for the Counties, Arkansas. Ozark would also Documents and Filings. With eFiling, completion of all necessary reviews, and abandon by removal 29 minor you can provide comments in a variety the subsequent need to complete all aboveground facilities at 27 sites. of formats by attaching them as a file federal authorizations within 90 days of The EA assesses the potential with your submission. New eFiling the date of issuance of the Commission environmental effects of the users must first create an account by staff’s FEIS or EA. abandonment activities associated with clicking on ‘‘eRegister.’’ You must select Persons who wish to comment only the Ozark Abandonment Project in the type of filing you are making. If you on the environmental review of this accordance with the requirements of the are filing a comment on a particular project should submit an original and National Environmental Policy Act project, please select ‘‘Comment on a two copies of their comments to the (NEPA). The FERC staff concludes that Filing’’; or Secretary of the Commission. approval of the proposed project, with (3) You can file a paper copy of your Environmental commenters will be appropriate mitigating measures, would comments by mailing them to the placed on the Commission’s not constitute a major federal action following address: Kimberly D. Bose, environmental mailing list, will receive significantly affecting the quality of the Secretary, Federal Energy Regulatory copies of the environmental documents, human environment. Commission, 888 First Street NE., Room and will be notified of meetings The FERC staff mailed copies of the 1A, Washington, DC 20426. associated with the Commission’s EA to federal, state, and local Any person seeking to become a party environmental review process. government representatives and to the proceeding must file a motion to Environmental commenters will not be agencies; elected officials; intervene pursuant to Rule 214 of the required to serve copies of filed environmental and public interest Commission’s Rules of Practice and documents on all other parties. groups; Native American tribes; Procedures (18 CFR 385.214).1 Only However, the non-party commenter will potentially affected landowners and intervenors have the right to seek not receive copies of all documents filed other interested individuals and groups; rehearing of the Commission’s decision. by other parties or issued by the newspapers and libraries in the project The Commission grants affected Commission (except for the mailing of area; and parties to this proceeding. In landowners and others with environmental documents issued by the addition, the EA is available for public environmental concerns intervenor Commission) and will not have the right viewing on the FERC’s Web site status upon showing good cause by to seek court review of the (www.ferc.gov) using the eLibrary link. stating that they have a clear and direct Commission’s final order. A limited number of copies of the EA interest in this proceeding which no The Commission strongly encourages are available for distribution and public other party can adequately represent. electronic filings of comments, protests inspection at: Federal Energy Regulatory Simply filing environmental comments and interventions in lieu of paper using Commission, Public Reference Room, will not give you intervenor status, but the ‘‘eFiling’’ link at http:// 888 First Street NE., Room 2A, you do not need intervenor status to www.ferc.gov. Persons unable to file Washington, DC 20426, (202) 502–8371. have your comments considered. electronically should submit an original Any person wishing to comment on Additional information about the and 5 copies of the protest or the EA may do so. Your comments project is available from the intervention to the Federal Energy should focus on the potential Commission’s Office of External Affairs, Regulatory Commission, 888 First Street environmental effects, reasonable at (866) 208–FERC, or on the FERC Web NE., Washington, DC 20426. alternatives, and measures to avoid or site (www.ferc.gov) using the eLibrary lessen environmental impacts. The more Dated: February 27, 2015. link. Click on the eLibrary link, click on specific your comments, the more useful ‘‘General Search,’’ and enter the docket Nathaniel J. Davis, Sr., they will be. To ensure that the number excluding the last three digits in Deputy Secretary. Commission has the opportunity to [FR Doc. 2015–05253 Filed 3–5–15; 8:45 am] consider your comments prior to 1 See the previous discussion on the methods for BILLING CODE 6717–01–P making its decision on this project, it is filing comments.

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the Docket Number field (i.e., CP14– www.ferc.gov/whats-new/registration/ ENVIRONMENTAL PROTECTION 539). Be sure you have selected an 03-05-15-form.asp. There is no AGENCY appropriate date range. For assistance, registration deadline. [FRL–9923–91–Region 5] please contact FERC Online Support at Transcripts of the workshop will be [email protected] or toll free available for a fee from Ace-Federal Notice of Final Decision To Reissue at (866) 208–3676, or for TTY, contact Reporters, Inc. (202–347–3700 or 1– the ArcelorMittal Burns Harbor, LLC (202) 502–8659. The eLibrary link also 800–336–6646). Additionally, there will Land-Ban Exemption provides access to the texts of formal be a free webcast of the workshop. AGENCY: Environmental Protection documents issued by the Commission, Anyone with Internet access who wants Agency (EPA). such as orders, notices, and to listen to the workshop can do so by rulemakings. navigating to the Calendar of Events at ACTION: Notice of final decision on a In addition, the Commission offers a www.ferc.gov, locating the technical request by ArcelorMittal Burns Harbor, free service called eSubscription which workshop in the Calendar, and clicking LLC of Burns Harbor, Indiana to reissue allows you to keep track of all formal on the webcast link. The Capitol its exemption from the Hazardous and issuances and submittals in specific Connection provides technical support Solid Waste Amendments of the dockets. This can reduce the amount of for the webcast and offers the option of Resource Conservation and Recovery time you spend researching proceedings listening to the workshop via phone- Act. by automatically providing you with bridge for a fee. If you have any SUMMARY: Notice is hereby given by the notification of these filings, document questions, visit summaries, and direct links to the U.S. Environmental Protection Agency www.CapitolConnection.org or call 703– (EPA or Agency) that an exemption to documents. Go to www.ferc.gov/docs- 993–3100. filing/esubscription.asp. the land disposal restrictions under the While this workshop is not convened 1984 Hazardous and Solid Waste Dated: February 27, 2015. for the purpose of discussing specific Amendments (HSWA) to the Resource Nathaniel J. Davis, Sr., cases, the workshop may address Conservation and Recovery Act (RCRA) Deputy Secretary. matters that are at issue in the following has been granted to ArcelorMittal Burns [FR Doc. 2015–05252 Filed 3–5–15; 8:45 am] pending Commission proceeding: North Harbor, LLC (AMBH) of Burns Harbor, BILLING CODE 6717–01–P American Electric Reliability Indiana, for four Class I injection wells Corporation, Docket No. RM14–7–000. located in Burns Harbor, Indiana. As Commission workshops are accessible required by 40 CFR part 148, AMBH has DEPARTMENT OF ENERGY under section 508 of the Rehabilitation demonstrated, to a reasonable degree of Act of 1973. For accessibility certainty, that there will be no migration Federal Energy Regulatory of hazardous constituents out of the Commission accommodations, please send an email to [email protected] or call toll free injection zone or into an underground [Docket No. AD15–5–000] 1–866–208–3372 (voice) or 202–502– source of drinking water (USDW) for at 8659 (TTY), or send a FAX to 202–208– least 10,000 years. This final decision Available Transfer Capability 2106 with the required allows the continued underground Standards for Wholesale Electric accommodations. injection by AMBH of a specific Transmission Services; Supplemental restricted waste, Spent Pickle Liquor Notice of Workshop on Available For further information on this (SPL) into one Class I hazardous waste Transfer Capability Standards workshop, please contact: injection well specifically identified as Logistical Information SPL #1; and of waste ammonia liquor As announced in a Notice issued on (WAL) into three Class I hazardous December 30, 2014, and Supplemental Sarah McKinley, Office of External waste injection wells specifically Notice issued January 30, 2015, Federal Affairs, Federal Energy Regulatory identified as WAL #1, WAL #2 and Energy Regulatory Commission Commission, 888 First Street NE., WAL #3 at the AMBH facility. This (Commission) staff will hold a Washington, DC 20426, (202) 502–8368, decision constitutes a final EPA action workshop on Thursday, March 5, 2015 [email protected]. for which there is no administrative to discuss standards for calculating appeal. Available Transfer Capability (ATC) for Technical Information wholesale electric transmission services. DATES: This action is effective as of The workshop will be held in the Christopher Young, Office of Energy March 6, 2015. Commission Meeting Room at the Policy and Innovation, Federal Energy FOR FURTHER INFORMATION CONTACT: Federal Energy Regulatory Commission, Regulatory Commission, 888 First Street Stephen Roy, Lead Petition Reviewer, 888 First Street NE., Washington, DC NE., Washington, DC 20426, (202) 502– EPA, Region 5, Water Division, 20426. 6403, [email protected]. Underground Injection Control Branch, As clarified in the attached Updated Legal Information WU–16J, Environmental Protection Agenda, the workshop will commence Agency, 77 W. Jackson Blvd., Chicago, at 12:00 p.m. and conclude by 4:15 p.m., Richard Wartchow, Office of the Illinois 60604–3590; telephone number: EST. The specific times of the session General Counsel, Federal Energy (312) 886–6556; fax number (312) 692– discussions, as well as the list of Regulatory Commission, 888 First Street 2951; email address: roy.stephen@ speakers, may be subject to further NE., Washington, DC 20426, (202) 502– epa.gov. Copies of the petition and all change. This workshop is free of charge 8744, [email protected]. pertinent information are on file and are part of the Administrative Record. It is and open to the public. Commission Dated: February 27, 2015. members may participate in the recommended that you contact the lead workshop. Nathaniel J. Davis, Sr., reviewer prior to reviewing the Those who plan to attend the Deputy Secretary. Administrative Record. workshop are encouraged to complete [FR Doc. 2015–05257 Filed 3–5–15; 8:45 am] SUPPLEMENTARY INFORMATION: AMBH the registration form located at: https:// BILLING CODE 6717–01–P submitted a request for reissuance of its

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existing exemption from the land ArcelorMittal facility at 250 West U.S. a bottom hole pressure survey (fall-off disposal restrictions of hazardous waste Highway 12, Burns Harbor, Indiana; test) performed on Spent Pickle Liquor to include the newly-drilled WAL #3 (3) Injection is limited to that part of #1, Waste Ammonia Liquor #1, Waste well in July, 2013. EPA staff reviewed the Lower Mount Simon Sandstone and Ammonia Liquor #2, or Waste Ammonia all data pertaining to the petition, the upper portion of the Precambrian Liquor #3 to EPA. The survey shall be including, but not limited to, well rocks at depths between 2722 and 4286 performed after shutting in the well for construction, well operations, regional feet below ground level; a period of time sufficient to allow the and local geology, seismic activity, (4) Hazardous wastes denoted by the pressure in the injection interval to penetrations of the confining zone, and waste codes D010, D018, and D038 may reach equilibrium, in accordance with computational models of the injection only be injected into Waste Ammonia 40 CFR 146.68(e)(1). The annual report zone. EPA has determined that the Liquor #1, Waste Ammonia Liquor #2, shall include a comparison of reservoir hydrogeological and geochemical and Waste Ammonia Liquor #3. parameters determined from the fall-off conditions at the site and the nature of Hazardous waste denoted by waste code test with parameters used in the the waste streams are such that reliable K062 may only be injected into Spent approved no-migration demonstration; predictions can be made that fluid Pickle Liquor #1. Other fluids necessary (12) The petitioner shall fully comply movement conditions are such that for well testing, stimulation, etc. may be with all requirements set forth in injected fluids will not migrate out of injected when approved by EPA; Underground Injection Control Permits the injection zone within 10,000 years, (5) The chemical properties of the IN–127–1W–0001, IN–127–1W–0003, as set forth at 40 CFR part 148. The injectate that will be monitored are IN–127–1W–0004, and IN–127–1W– injection zone for the AMBH facility is limited according to the table below: 0007 issued by the U.S. Environmental composed of the lower Eau Claire Protection Agency; and Formation, the Mount Simon Sandstone Chemical constituent Concentration limita- tion at the well head (13) Whenever EPA determines that and the upper portion of the or property (mg/L) the basis for approval of a petition may Precambrian rocks, between 2170 and no longer be valid, EPA may terminate 4286 feet below the surface. The Benzene ...... 220 (maximum). this exemption and may require a new confining zone at the AMBH facility is pH ...... Minimum pH is zero. demonstration in accordance with 40 the upper Eau Claire Formation, which Chromium ...... 133 (maximum). CFR 148.20. is found between 1936 and 2170 feet. Naphthalene ...... 260 (maximum). Nickel ...... 50 (maximum). Electronic Access. You may access The confining zone is separated from Phenol ...... 3780 (maximum). this Federal Register document the lowermost underground source of Pyridine ...... 116 (maximum). electronically from the Government drinking water (at a depth of 726 feet Selenium ...... 5 (maximum). Publishing Office under the ‘‘Federal below ground level) by a sequence of Register’’ listings at FDSys (http:// permeable and less permeable (6) The annual average of the specific www.gpo.gov/fdsys/browse/ sedimentary rocks. This sequence gravity of the injected spent pickle collection.action?collectionCode=FR). provides additional protection from liquor must be no greater than 1.31; the Dated: February 18, 2015. fluid migration into drinking water annual average of the specific gravity of sources. the waste ammonia liquor must be no Timothy C. Henry, EPA issued a draft decision, which less than 0.99; Acting Director, Water Division. described the reasons for granting this (7) The chemical properties of the [FR Doc. 2015–05240 Filed 3–5–15; 8:45 am] exemption in more detail, a fact sheet, injectate that defined the edge of the BILLING CODE 6560–50–P which summarized these reasons, and a plume in the demonstration are benzene public notice on November 14, 2014, for waste ammonia liquor and pH for pursuant to 40 CFR 124.10. The public the spent pickle liquor; ENVIRONMENTAL PROTECTION comment period ended on December 16, (8) The monthly average injection rate AGENCY 2014. EPA received no comments but for SPL must not exceed 175 gallons per [EPA–HQ–OPPT–2015–0047; FRL–9922–69] during the comment period, EPA minute and the monthly average realized that the volume limitation injection rate for WAL must not exceed Implementation of a New Label for the identified in section I.B was 300 gallons per minute, plant-wide, Design for the Environment (DfE) Safer inadvertently shown as gallons per cumulatively covering all WAL Product Labeling Program and month instead of gallons per year. The injection wells. Supporting Modifications to the DfE same mistake was made in Condition (9) This exemption is approved for the Standard for Safer Products; Notice of #8. Therefore, EPA is issuing the final 21-year modeled injection period, Availability exemption with this condition corrected which ends on December 31, 2027. to be consistent with the language in the ArcelorMittal may petition EPA for a AGENCY: Environmental Protection AMBH UIC permits. reissuance of the exemption beyond that Agency (EPA). date, provided that a new and complete ACTION: Notice of availability. Conditions no-migration petition is received at This exemption is subject to the EPA, Region 5, by July 1, 2027; SUMMARY: EPA is making available a following conditions. Non-compliance (10) ArcelorMittal shall submit document that announces and with any of these conditions is grounds monthly reports to EPA containing a implements several important changes for termination of the exemption: fluid analysis of the injected waste to EPA’s Safer Product Labeling (1) All regulatory requirements in 40 which shall indicate the chemical and Program (SPLP), as well as a number of CFR 148.23 and 148.24 are incorporated physical properties upon which the no- conforming changes to the program’s by reference; migration demonstration was based, Standard for Safer Products, including: (2) The exemption applies to the including the physical and chemical New label designs and a new name for existing injection wells, Spent Pickle properties listed in Conditions 5 and 6 the EPA SPLP; an associated fragrance- Liquor #1, Waste Ammonia Liquor #1, of this exemption approval; free label; and related changes to the Waste Ammonia Liquor #2, and Waste (11) ArcelorMittal shall submit an standard that qualifies products for the Ammonia Liquor #3, located at the annual report containing the results of label.

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DATES: Comments must be received on • Manufacturing (NAICS codes 31– effective immediately, the Agency is or before May 5, 2015. 33). requesting comment on the changes that • ADDRESSES: Submit your comments, Construction (NAICS code 23). are described in the referenced • identified by docket identification (ID) Wholesale trade (NAICS code 42). document (EPA–HQ–OPPT–2015– • Retail trade (NAICS codes 44–45). 0047), including the fragrance-free number EPA–HQ–OPPT–2015–0047, by • one of the following methods: Professional, scientific and certification, and may make further • Federal eRulemaking Portal: http:// technical services (NAICS code 54). programmatic changes based on the • Accommodations and food Services www.regulations.gov. Follow the online comments received. Please note that the (NAICS code 72). Agency has received extensive public instructions for submitting comments. • Other services, except public Do not submit electronically any input on the logo designs and is not administration (NAICS code 81). requesting further comment on them. information you consider to be • Public administration (NAICS code Confidential Business Information (CBI) 92). Authority: 15 U.S.C. 2601 et seq. or other information whose disclosure is Dated: February 11, 2015. restricted by statute. B. What should I consider as I prepare Wendy C. Hamnett, • Mail: Document Control Office my comments for EPA? (7407M), Office of Pollution Prevention Director, Office of Pollution Prevention and 1. Submitting CBI. Do not submit this Toxics. and Toxics (OPPT), Environmental information to EPA through [FR Doc. 2015–05073 Filed 3–5–15; 8:45 am] Protection Agency, 1200 Pennsylvania regulations.gov or email. Clearly mark BILLING CODE 6560–50–P Ave. NW., Washington, DC 20460–0001. the part or all of the information that • Hand Delivery: To make special you claim to be CBI. For CBI arrangements for hand delivery or information in a disk or CD–ROM that ENVIRONMENTAL PROTECTION delivery of boxed information, please you mail to EPA, mark the outside of the AGENCY follow the instructions at http:// disk or CD–ROM as CBI and then www.epa.gov/dockets/contacts.html. identify electronically within the disk or [ER–FRL–9019–8] Additional instructions on CD–ROM the specific information that Environmental Impact Statements; commenting or visiting the docket, is claimed as CBI. In addition to one Notice of Availability along with more information about complete version of the comment that dockets generally, is available at http:// includes information claimed as CBI, a AGENCY: Environmental Protection www.epa.gov/dockets. copy of the comment that does not Agency. FOR FURTHER INFORMATION CONTACT: contain the information claimed as CBI Weekly receipt of Environmental Impact For technical information contact: must be submitted for inclusion in the Statements David DiFiore, Chemistry, Economics public docket. Information so marked Filed 02/23/2015 through 02/27/2015 and Sustainable Strategies Division, will not be disclosed except in Pursuant to 40 CFR 1506.9. Office of Pollution Prevention and accordance with procedures set forth in Notice Toxics, Environmental Protection 40 CFR part 2. Agency, 1200 Pennsylvania Ave. NW., 2. Tips for preparing your comments. Section 309(a) of the Clean Air Act Washington, DC 20460–0001; telephone When preparing and submitting your requires that EPA make public its number: 202–564–8796; email address: comments, see the commenting tips at comments on EISs issued by other [email protected]. http://www.epa.gov/dockets/ Federal agencies. EPA’s comment letters For general information contact: The comments.html. on EISs are available at: http:// TSCA-Hotline, ABVI-Goodwill, 422 www.epa.gov/compliance/nepa/ II. What action is the Agency taking? South Clinton Ave., Rochester, NY eisdata.html. 14620; telephone number: (202) 554– EPA is issuing a document, ‘‘Changes Responsible Agency: Office of Federal 1404; email address: TSCA-Hotline@ to the Standard to Implement the Safer Activities, General Information (202) epa.gov. Choice Label’’ (https://wcms.epa.gov/ 564–7146 or http://www.epa.gov/ sites/production/files/2015-02/ compliance/nepa/. SUPPLEMENTARY INFORMATION: documents/safer-choice-standard- EIS No. 20150047, Final EIS, USFS, CA, I. General Information changes.pdf), that implements a new Heavenly Epic Discovery Project, label and name for the DfE Safer A. Does this action apply to me? Review Period Ends: 04/13/2015, Product Labeling Program, namely, the Contact: Matt Dickinson, 530–543– You may be affected by this action if EPA ‘‘Safer Choice’’ Program. The new 2769. you participate in or applying for label is available for immediate use to EIS No. 20150048, Final EIS, USFS, CO, certification under the DfE Safer program partners. The Agency is also Middle Bald Mountain Area Product Labeling Program and use or making new-label-related changes to the Communication Site, Review Period hope to use the program’s logo on your program’s standard that qualifies Ends: 04/06/2015, Contact: Carol products. Also potentially affected are products for participation in the Kruse, 970–295–6663. consumers, institutional purchasers, program. Finally, EPA is issuing a new, EIS No. 20150049, Draft Supplement, retailers, and distributors of DfE-labeled optional fragrance-free certification. The NRCS, MS, Long Beach Watershed, products who use the logo to identify program has redesigned its label for Comment Period Ends: 04/20/2015, products that have met the Agency’s several reasons: To better communicate Contact: Kurt Readus, 601–965–5205. safer-product criteria. The following list the program’s human health and EIS No. 20150050, Final EIS, USA, CA, of North American Industrial environmental protection goals, increase The Modernization and Repair of Classification System (NAICS) codes is consumer and institutional/industrial Piers 2 and 3 at Military Ocean not intended to be exhaustive, but rather purchaser understanding and Terminal Concord, Review Period provides a guide to help readers recognition of products bearing the Ends: 04/06/2015, Contact: Sarah determine whether this document label, and encourage innovation and the Garner, 618–220–6284. applies to them. Potentially affected development of safer chemicals and EIS No. 20150051, Draft EIS, BLM, CA, entities may include: chemical-based products. While West Mojave Planning Area, Draft

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Plan Amendment to the California required by the Paperwork Reduction authority for this collection of Desert Conservation Area Plan, Act (PRA) of 1995 (44 U.S.C. 3501– information is contained in 47 U.S.C. Comment Period Ends: 06/04/2015, 3520), the Federal Communications 151, 152, 154, 161, 201–205 and 218– Contact: Edythe Seehafer, 760–252– Commission (FCC or Commission) 220 of the Communications Act of 1934, 6021. invites the general public and other as amended. EIS No. 20150052, Final EIS, FTA, CA, Federal agencies to take this Total Annual Burden: 40 hours. Redlands Passenger Rail Project, opportunity to comment on the Annual Cost Burden: No cost. Contact: Dominique Paukowits, 415– following information collections. Privacy Act Impact Assessment: No 744–2735. Under MAP–21 Section Comments are requested concerning: impact(s). 1319, FTA has issued a single FEIS Whether the proposed collection of Nature and Extent of Confidentiality: and ROD. Therefore, the 30-day wait/ information is necessary for the proper There is no need for confidentiality. The review period under NEPA does not performance of the functions of the Commission is not requesting that apply to this action. Commission, including whether the respondents submit confidential EIS No. 20150053, Final Supplement, information shall have practical utility; information to the FCC. BOEM, Gulf of Mexico OCS Oil and the accuracy of the Commission’s Needs and Uses: The Commission Gas Lease Sales 246 and 248 in the burden estimate; ways to enhance the adopted accounting rules that require Western Planning Area, Review quality, utility, and clarity of the carriers to account for adverse federal Period Ends: 04/06/2015, Contact: information collected; ways to minimize antitrust judgments and post-judgment Gary Goeke, 504–736–3233. the burden of the collection of special charges. With regard to EIS No. 20150054, Draft EIS, NRC, FL, information on the respondents, settlements of such lawsuits there will Turkey Point Nuclear Plant Units 6 including the use of automated be a presumption that carriers can and 7, Combined Licenses (COLs), collection techniques or other forms of recover the portion of the settlement Comment Period Ends: 05/22/2015, information technology; and ways to that represents the avoidable costs of Contact: Alicia Williamson-Dickerson, further reduce the information litigation; provided that the carrier 301–415–1878. collection burden on small business makes a required showing. To receive EIS No. 20150055, Draft EIS, USFS, OR, concerns with fewer than 25 employees. recognition of its avoided cost of Goose Project, Comment Period Ends: The FCC may not conduct or sponsor litigation a carrier must demonstrate, in 04/20/2015, Contact: Elysia Retzlaff, a collection of information unless it a request for special relief, the avoided 541–822–7214. displays a currently valid OMB control costs of litigation by showing the EIS No. 20150056, Draft EIS, USFS, FL, number. amount corresponding to the additional Beasley Pond Analysis Area, No person shall be subject to any litigation expenses discounted to Comment Period Ends: 04/20/2015, penalty for failing to comply with a present value, that the carrier Contact: Branden Tolver, 850–926– collection of information subject to the reasonably estimates it would have paid 3561. PRA that does not display a valid OMB if it had not settled. Settlement costs in control number. excess of the avoided costs of litigation Amended Notices DATES: Written PRA comments should are presumed not recoverable unless a EIS No. 20150007, Draft EIS, BLM, CO, be submitted on or before May 5, 2015. carrier rebuts that presumption by Bull Mountain Unit Master If you anticipate that you will be showing the basic factors that enticed Development Plan, Comment Period submitting comments, but find it the carrier to settle and demonstrating Ends: 04/16/2015, Contact: Gina difficult to do so within the period of that ratepayers benefited from the Jones, 970–240–5300. time allowed by this notice, you should settlement. advise the contact listed below as soon Revision to the FR Notice Published 01/ Federal Communications Commission. as possible. 16/2015; Extending Comment Period Marlene H. Dortch, from 03/02/2015 to 04/16/2015. ADDRESSES: Direct all PRA comments to Nicole Ongele, FCC, via email PRA@ Secretary, Office of the Secretary, Office of Dated: March 3, 2015. the Managing Director. fcc.gov and to [email protected]. Cliff Rader, [FR Doc. 2015–05181 Filed 3–5–15; 8:45 am] FOR FURTHER INFORMATION CONTACT: For Director, NEPA Compliance Division, Office BILLING CODE 6712–01–P of Federal Activities. additional information about the information collection, contact Nicole [FR Doc. 2015–05322 Filed 3–5–15; 8:45 am] Ongele at (202) 418–2991. BILLING CODE 6560–50P FEDERAL ELECTION COMMISSION SUPPLEMENTARY INFORMATION: OMB Control Number: 3060–0791. [Notice 2015–02] Title: Section 32.7300, Accounting for FEDERAL COMMUNICATIONS Judgments and Other Costs Associated Filing Dates for the New York Special COMMISSION with Litigation. Election in the 11th Congressional [OMB 3060–0791] Form Number: N/A. District Type of Review: Extension of a AGENCY: Information Collection Being Reviewed currently approved collection. Federal Election Commission. by the Federal Communications Respondents: Business or other for- ACTION: Notice of filing dates for special Commission Under Delegated profit. election. Authority Number of Respondents: 2 respondents; 2 responses. SUMMARY: New York has scheduled a AGENCY: Federal Communications Estimated Time per Response: 4 to 36 Special General Election on May 5, Commission. hours. 2015, to fill the U.S. House seat in the Eleventh Congressional District vacated ACTION: Notice and request for Frequency of Response: On occasion comments. reporting requirement and by Representative Michael G. Grimm. recordkeeping requirement. DATES: Committees required to file SUMMARY: As part of its continuing effort Obligation To Respond: Required to reports in connection with the Special to reduce paperwork burdens, and as obtain or retain benefits. Statutory General Election on May 5, 2015, shall

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file a 12-day Pre-General Report, and a Unauthorized Committees (PACs and Election may be found on the FEC Web 30-day Post-General Report. Party Committees) site at http://www.fec.gov/info/report_ FOR FURTHER INFORMATION CONTACT: Ms. Political committees filing on a semi- dates.shtml. Elizabeth S. Kurland, Information annual basis in 2015 are subject to Disclosure of Lobbyist Bundling Division, 999 E Street NW., Washington, special election reporting if they make Activity DC 20463; Telephone: (202) 694–1100; previously undisclosed contributions or Toll Free (800) 424–9530. expenditures in connection with the Principal campaign committees, party New York Special General Election by committees and Leadership PACs that SUPPLEMENTARY INFORMATION: the close of books for the applicable are otherwise required to file reports in Principal Campaign Committees report(s). (See charts below for the connection with the special elections closing date for each report.) must simultaneously file FEC Form 3L All principal campaign committees of Committees filing monthly that make if they receive two or more bundled candidates who participate in the New contributions or expenditures in contributions from lobbyists/registrants York Special General Election shall file connection with the New York Special a 12-day Pre-General Report on April General Election will continue to file or lobbyist/registrant PACs that 23, 2015, and a 30-day Post-General according to the monthly reporting aggregate in excess of $17,600 during Report on June 4, 2015. (See charts schedule. the special election reporting periods. below for the closing date for each Additional disclosure information in (See charts below for closing date of report.) connection with the New York Special each period.) 11 CFR 104.22(a)(5)(v), (b).

CALENDAR OF REPORTING DATES FOR NEW YORK SPECIAL ELECTION—QUARTERLY FILING COMMITTEES INVOLVED IN THE SPECIAL GENERAL (05/05/15) MUST FILE

Reg./cert. and Report Close of books 1 overnight mailing Filing deadline deadline

April Quarterly ...... ——WAIVED ——

Pre-General ...... 04/15/15 04/20/15 04/23/15 Post-General ...... 05/25/15 06/04/15 06/04/15 July Quarterly ...... 06/30/15 07/15/15 07/15/15

SEMI-ANNUAL FILING COMMITTEES INVOLVED IN THE SPECIAL GENERAL (05/05/15) MUST FILE

Reg./cert. and Report Close of books 1 overnight mailing Filing deadline deadline

Pre-General ...... 04/15/15 04/20/15 04/23/15 Post-General ...... 05/25/15 06/04/15 06/04/15 Mid-Year ...... 06/30/15 07/31/15 07/31/15

Dated: March 2, 2015. CHANGE IN THE MEETING: The meeting has FEDERAL ELECTION COMMISSION On behalf of the Commission. been rescheduled for Tuesday, March Ann M. Ravel, 10, 2015 at 1:00 p.m. Sunshine Act Meeting Chair, Federal Election Commission. Individuals who plan to attend and AGENCY: Federal Election Commission. [FR Doc. 2015–05175 Filed 3–5–15; 8:45 am] require special assistance, such as sign DATE AND TIME: Tuesday March 3, 2015 BILLING CODE 6715–01–P language interpretation or other at 10:00 a.m. and its Continuation on reasonable accommodations, should Thursday March 5, 2015 at the FEDERAL ELECTION COMMISSION contact Shawn Woodhead Werth, Conclusion of the Open Meeting. Secretary and Clerk, at (202) 694–1040, PLACE: at least 72 hours prior to the meeting 999 E Street NW., Washington, Sunshine Act Meetings DC. date. AGENCY: Federal Election Commission. STATUS: This meeting will be closed to PERSON TO CONTACT FOR INFORMATION: DATE AND TIME: Thursday, March 5, 2015 the public. Judith Ingram, Press Officer Telephone: at 10:00 a.m. FEDERAL REGISTER NOTICE OF PREVIOUS (202) 694–1220. PLACE: 999 E Street NW., Washington, ANNOUNCEMENT: 80 FR 10482, February DC (Ninth Floor) Shawn Woodhead Werth, 26, 2015. STATUS: This meeting will be open to the Secretary and Clerk of the Commission. CHANGE IN THE MEETING: The meeting public. [FR Doc. 2015–05440 Filed 3–4–15; 04:15 pm] will be continued at the conclusion of the open meeting on Tuesday, March FEDERAL REGISTER NOTICE OF PREVIOUS BILLING CODE 6715–01–P ANNOUNCEMENT: 80 FR 11202, March 2, 10, 2015. 2015. * * * * *

1 These dates indicate the end of the reporting committee is new and has not previously filed a political committee with the Commission up period. A reporting period always begins the day report, the first report must cover all activity that through the close of books for the first report due. after the closing date of the last report filed. If the occurred before the committee registered as a

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PERSON TO CONTACT FOR INFORMATION: FEDERAL RESERVE SYSTEM Board of Governors of the Federal Reserve Judith Ingram, Press Officer, Telephone: System, March 3, 2015. (202) 694–1220. Formations of, Acquisitions by, and Michael J. Lewandowski, Mergers of Bank Holding Companies Associate Secretary of the Board. Shawn Woodhead Werth, [FR Doc. 2015–05220 Filed 3–5–15; 8:45 am] Secretary and Clerk of the Commission. The companies listed in this notice BILLING CODE 6210–01–P [FR Doc. 2015–05441 Filed 3–4–15; 04:15 pm] have applied to the Board for approval, BILLING CODE 6715–01–P pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) FEDERAL RESERVE SYSTEM (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes Notice of Proposals To Engage in or FEDERAL RESERVE SYSTEM and regulations to become a bank To Acquire Companies Engaged in holding company and/or to acquire the Permissible Nonbanking Activities Change in Bank Control Notices; assets or the ownership of, control of, or Acquisitions of Shares of a Bank or the power to vote shares of a bank or The companies listed in this notice Bank Holding Company bank holding company and all of the have given notice under section 4 of the banks and nonbanking companies Bank Holding Company Act (12 U.S.C. The notificants listed below have owned by the bank holding company, 1843) (BHC Act) and Regulation Y, (12 applied under the Change in Bank including the companies listed below. CFR part 225) to engage de novo, or to Control Act (12 U.S.C. 1817(j)) and The applications listed below, as well acquire or control voting securities or § 225.41 of the Board’s Regulation Y (12 as other related filings required by the assets of a company, including the CFR 225.41) to acquire shares of a bank Board, are available for immediate companies listed below, that engages or bank holding company. The factors inspection at the Federal Reserve Bank either directly or through a subsidiary or that are considered in acting on the indicated. The applications will also be other company, in a nonbanking activity notices are set forth in paragraph 7 of available for inspection at the offices of that is listed in § 225.28 of Regulation Y the Act (12 U.S.C. 1817(j)(7)). the Board of Governors. Interested (12 CFR 225.28) or that the Board has persons may express their views in The notices are available for determined by Order to be closely writing on the standards enumerated in immediate inspection at the Federal related to banking and permissible for Reserve Bank indicated. The notices the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of bank holding companies. Unless also will be available for inspection at a nonbanking company, the review also otherwise noted, these activities will be the offices of the Board of Governors. includes whether the acquisition of the conducted throughout the United States. Interested persons may express their nonbanking company complies with the Each notice is available for inspection views in writing to the Reserve Bank standards in section 4 of the BHC Act at the Federal Reserve Bank indicated. indicated for that notice or to the offices (12 U.S.C. 1843). Unless otherwise The notice also will be available for of the Board of Governors. Comments noted, nonbanking activities will be inspection at the offices of the Board of must be received not later than March conducted throughout the United States. Governors. Interested persons may 23, 2015. Unless otherwise noted, comments express their views in writing on the A. Federal Reserve Bank of regarding each of these applications question whether the proposal complies Minneapolis (Jacquelyn K. Brunmeier, must be received at the Reserve Bank with the standards of section 4 of the Assistant Vice President) 90 Hennepin indicated or the offices of the Board of BHC Act. Avenue, Minneapolis, Minnesota Governors not later than April 2, 2015. Unless otherwise noted, comments 55480–0291: A. Federal Reserve Bank of St. Louis regarding the applications must be 1. Merchants Financial Group, Inc., (Yvonne Sparks, Community received at the Reserve Bank indicated Employee Stock Ownership Plan, Development Officer), P.O. Box 442, St. or the offices of the Board of Governors Winona, Minnesota; to retain voting Louis, Missouri 63166–2034: not later than March 23, 2015. shares of Merchants Financial Group, 1. BancorpSouth, Inc., Tupelo, A. Federal Reserve Bank of Kansas Inc., Winona, Minnesota, and thereby Mississippi; to merge with Central City (Dennis Denney, Assistant Vice indirectly acquire voting shares of Community Corporation, Temple, President) 1 Memorial Drive, Kansas Merchants Bank, National Association, Texas, and thereby indirectly acquire City, Missouri 64198–0001: Winona, Minnesota. First State Bank Central Texas, Austin, 1. NebraskaLand Financial Services, B. Federal Reserve Bank of Kansas Texas. Inc., North Platte, Nebraska; to acquire City (Dennis Denney, Assistant Vice 2. BancorpSouth, Inc., Tupelo, 100 percent of the voting shares of NFS President) 1 Memorial Drive, Kansas Mississippi; to acquire, through merger, Holdings LLC, North Platte, Nebraska, City, Missouri 64198–0001: Ouachita Bancshares Corporation, and and to continue to engage in lending thereby indirectly acquire Ouachita 1. Justine Hurry, Glenbrook, Nevada; and servicing of loans, pursuant to Independent Bank, both in Monroe, to acquire control of Premier Bank, section 225.28(b)(1). Denver, Colorado. Louisiana. B. Federal Reserve Bank of Kansas Board of Governors of the Federal Reserve Board of Governors of the Federal Reserve System, March 2, 2015. System, March 2, 2015. City (Dennis Denney, Assistant Vice President), 1 Memorial Drive, Kansas Michael J. Lewandowski, Michael J. Lewandowski, City, Missouri 64198–0001: Associate Secretary of the Board. Associate Secretary of the Board. 1. Ironhorse Financial Group, Inc., [FR Doc. 2015–05183 Filed 3–5–15; 8:45 am] [FR Doc. 2015–05182 Filed 3–5–15; 8:45 am] Muskogee, Oklahoma; to acquire 100 BILLING CODE 6210–01–P BILLING CODE 6210–01–P percent of the voting shares of Benefit Bank, Fort Smith, Arkansas.

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FEDERAL TRADE COMMISSION describes the terms of the consent grants your request in accordance with agreement, and the allegations in the the law and the public interest. [File No. 142 3249] complaint. An electronic copy of the Postal mail addressed to the AmeriFreight, Inc. and Marius full text of the consent agreement Commission is subject to delay due to Lehmann; Analysis of Proposed package can be obtained from the FTC heightened security screening. As a Consent Order To Aid Public Comment Home Page (for February 27, 2015), on result, we encourage you to submit your the World Wide Web, at http:// comments online. To make sure that the AGENCY: Federal Trade Commission. www.ftc.gov/os/actions.shtm. Commission considers your online ACTION: Proposed consent agreement. You can file a comment online or on comment, you must file it at https:// paper. For the Commission to consider ftcpublic.commentworks.com/ftc/ SUMMARY: The consent agreement in this your comment, we must receive it on or amerifreightconsent by following the matter settles alleged violations of before March 31, 2015. Write instructions on the Web-based form. If federal law prohibiting unfair or ‘‘AmerFreight, Inc.- Consent Agreement; this Notice appears at http:// deceptive acts or practices. The attached File No. 142 3249’’ on your comment. www.regulations.gov/#!home, you also Analysis to Aid Public Comment Your comment—including your name may file a comment through that Web describes both the allegations in the and your state—will be placed on the site. draft complaint and the terms of the public record of this proceeding, consent order—embodied in the consent If you file your comment on paper, including, to the extent practicable, on agreement—that would settle these write ‘‘AmerFreight, Inc.—Consent the public Commission Web site, at allegations. Agreement; File No. 142 3249’’ on your http://www.ftc.gov/os/ comment and on the envelope, and mail DATES: Comments must be received on publiccomments.shtm. As a matter of your comment to the following address: or before March 31, 2015. discretion, the Commission tries to Federal Trade Commission, Office of the ADDRESSES: Interested parties may file a remove individuals’ home contact Secretary, 600 Pennsylvania Avenue comment at https:// information from comments before NW., Suite CC–5610 (Annex D), ftcpublic.commentworks.com/ftc/ placing them on the Commission Web Washington, DC 20580, or deliver your amerifreightconsent online or on paper, site. comment to the following address: by following the instructions in the Because your comment will be made Federal Trade Commission, Office of the Request for Comment part of the public, you are solely responsible for Secretary, Constitution Center, 400 7th SUPPLEMENTARY INFORMATION section making sure that your comment does Street SW., 5th Floor, Suite 5610 below. Write ‘‘AmerFreight, Inc.- not include any sensitive personal (Annex D), Washington, DC 20024. If Consent Agreement; File No. 142 3249’’ information, like anyone’s Social possible, submit your paper comment to on your comment and file your Security number, date of birth, driver’s the Commission by courier or overnight comment online at https:// license number or other state service. ftcpublic.commentworks.com/ftc/ identification number or foreign country Visit the Commission Web site at amerifreightconsent by following the equivalent, passport number, financial http://www.ftc.gov to read this Notice instructions on the Web-based form. If account number, or credit or debit card and the news release describing it. The you prefer to file your comment on number. You are also solely responsible FTC Act and other laws that the paper, write ‘‘AmerFreight, Inc.- for making sure that your comment does Commission administers permit the Consent Agreement; File No. 142 3249’’ not include any sensitive health collection of public comments to on your comment and on the envelope, information, like medical records or consider and use in this proceeding as and mail your comment to the following other individually identifiable health appropriate. The Commission will address: Federal Trade Commission, information. In addition, do not include consider all timely and responsive Office of the Secretary, 600 any ‘‘[t]rade secret or any commercial or public comments that it receives on or Pennsylvania Avenue NW., Suite CC– financial information which . . . is before March 31, 2015. For information 5610 (Annex D), Washington, DC 20580, privileged or confidential,’’ as discussed on the Commission’s privacy policy, or deliver your comment to the in Section 6(f) of the FTC Act, 15 U.S.C. including routine uses permitted by the following address: Federal Trade 46(f), and FTC Rule 4.10(a)(2), 16 CFR Privacy Act, see http://www.ftc.gov/ftc/ Commission, Office of the Secretary, 4.10(a)(2). In particular, do not include privacy.htm. Constitution Center, 400 7th Street SW., competitively sensitive information 5th Floor, Suite 5610 (Annex D), such as costs, sales statistics, Analysis of Proposed Consent Order To Washington, DC 20024. inventories, formulas, patterns, devices, Aid Public Comment FOR FURTHER INFORMATION CONTACT: manufacturing processes, or customer The Federal Trade Commission Victor DeFrancis, Bureau of Consumer names. (‘‘FTC’’ or ‘‘Commission’’) has accepted, Protection, (202) 326–3495, 600 If you want the Commission to give subject to final approval, an agreement Pennsylvania Avenue NW., Washington, your comment confidential treatment, containing a consent order from DC 20580. you must file it in paper form, with a AmeriFreight, Inc. (‘‘AmeriFreight’’) and SUPPLEMENTARY INFORMATION: Pursuant request for confidential treatment, and Marius Lehmann, an officer of to Section 6(f) of the Federal Trade you have to follow the procedure AmeriFreight (‘‘Respondents’’). Commission Act, 15 U.S.C. 46(f), and explained in FTC Rule 4.9(c), 16 CFR The proposed consent order FTC Rule 2.34, 16 CFR 2.34, notice is 4.9(c).1 Your comment will be kept (‘‘proposed order’’) has been placed on hereby given that the above-captioned confidential only if the FTC General the public record for thirty (30) days for consent agreement containing consent Counsel, in his or her sole discretion, receipt of comments by interested order to cease and desist, having been persons. Comments received during this filed with and accepted, subject to final 1 In particular, the written request for confidential period will become part of the public approval, by the Commission, has been treatment that accompanies the comment must record. After thirty (30) days, the include the factual and legal basis for the request, placed on the public record for a period and must identify the specific portions of the Commission will again review the of thirty (30) days. The following comment to be withheld from the public record. See agreement and the comments received, Analysis to Aid Public Comment FTC Rule 4.9(c), 16 CFR 4.9(c). and will decide whether it should

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withdraw from the agreement or make FEDERAL TRADE COMMISSION relevant comments were received. final the agreement’s proposed order. Pursuant to the OMB regulations, 5 CFR AmeriFreight is an automobile Agency Information Collection part 1320, that implement the PRA, 44 shipment broker—that is, it arranges Activities; Submission for OMB U.S.C. 3501 et seq., the FTC is providing shipment of consumers’ automobiles Review; Comment Request; Extension this second opportunity for public through third-party freight carriers. This comment while seeking OMB approval AGENCY: Federal Trade Commission matter involves AmeriFreight’s online to renew the pre-existing clearance for (‘‘FTC’’ or ‘‘Commission’’). advertising for those services. The the Rule. All comments should be filed Commission’s complaint alleges that the ACTION: Notice. as prescribed herein, and must be Respondents violated Section 5(a) of the received on or before April 6, 2015. SUMMARY: The information collection Federal Trade Commission Act by requirements described below will be Burden Statement misrepresenting that AmeriFreight was submitted to the Office of Management a highly rated or top-ranked automobile As detailed in the December 16, 2014 and Budget (‘‘OMB’’) for review, as shipment broker based on its customers’ Notice, the FTC estimates cumulative required by the Paperwork Reduction unbiased reviews. The complaint also annual burden on affected entities to be Act (‘‘PRA’’). The FTC intends to ask alleges that AmeriFreight failed to 8,015,140 hours and $185,149,734 in OMB to extend for an additional three disclose that it paid consumers to post labor costs. Commission staff believes years the current PRA clearance for the reviews. that the FPLA Rules impose negligible FTC’s enforcement of the information The proposed order includes capital or other non-labor costs, as the collection requirements in its Fair affected entities are likely to have the injunctive relief that prohibits these Packaging and Labeling Act regulations alleged violations and fences in similar necessary supplies and/or equipment (‘‘FPLA Rules’’). That clearance expires already (e.g., offices and computers) to and related violations. on May 31, 2015. Part I of the Order prohibits the implement the packaging and labeling DATES: Comments must be filed by April Respondents from misrepresenting that disclosure requirements under the FPLA 6, 2015. their products or services are highly Rules. rated or top-ranked based on unbiased ADDRESSES: Interested parties may file a Request for Comment customer reviews or that their customer comment online or on paper, by following the instructions in the You can file a comment online or on reviews are unbiased. paper. For the FTC to consider your Part II of the Order requires the Request for Comment part of the SUPPLEMENTARY INFORMATION section comment, we must receive it on or Respondents, when using an before April 6, 2015. endorsement to advertise any product or below. Write ‘‘FPLA Rules, PRA Comment, P074200’’ on your comment You can file a comment online or on service, to clearly and prominently paper. For the Commission to consider disclose a material connection, if one and file your comment online at https://ftcpublic.commentworks.com/ your comment, we must receive it on or exists, between the person providing the before April 6, 2015. Write ‘‘FPLA endorsement and Respondents. ftc/fplaregspra2 by following the instructions on the web-based form. If Rules, PRA Comment, P074200’’ on Part III contains recordkeeping your comment. Your comment— requirements for advertisements and you prefer to file your comment on paper, mail your comment to the including your name and your state— other documents relevant to the order. will be placed on the public record of Parts IV through VII of the proposed following address: Federal Trade Commission, Office of the Secretary, this proceeding, including to the extent order require Respondents to: Deliver a practicable, on the public Commission copy of the order to principals, officers, 600 Pennsylvania Avenue NW., Suite CC–5610 (Annex J), Washington, DC Web site, at http://www.ftc.gov/os/ directors, managers, employees, agents, publiccomments.shtm. As a matter of and representatives having 20580, or deliver your comment to the following address: Federal Trade discretion, the Commission tries to responsibilities with respect to the remove individuals’ home contact subject matter of the order; notify the Commission, Office of the Secretary, Constitution Center, 400 7th Street SW., information from comments before Commission of changes in corporate placing them on the Commission Web structure, discontinuance of current 5th Floor, Suite 5610 (Annex J), Washington, DC 20024. site. business or employment, or affiliation Because your comment will be made with any new business or employment FOR FURTHER INFORMATION CONTACT: public, you are solely responsible for that might affect compliance obligations Megan Gray, Attorney, Division of making sure that your comment doesn’t under the order; and file compliance Enforcement, Bureau of Consumer include any sensitive personal reports with the Commission. Protection, (202) 326–3405, 600 information, like anyone’s Social Part VIII provides that the order will Pennsylvania Ave. NW., Room 9541, Security number, date of birth, driver’s terminate after twenty (20) years, with Washington, DC 20580. license number or other state certain exceptions. SUPPLEMENTARY INFORMATION: On identification number or foreign country The purpose of this analysis is to December 16, 2014, the FTC sought equivalent, passport number, financial facilitate public comment on the public comment on the information account number, or credit or debit card proposed order, and it is not intended collection requirements associated with number. You are also solely responsible to constitute an official interpretation of the FPLA Rules (December 16, 2014 for making sure that your comment the complaint or proposed order, or to Notice1), 16 CFR parts 500–503 (OMB doesn’t include any sensitive health modify the proposed order’s terms in Control Number 3084–0110).2 No information, like medical records or any way. other individually identifiable health 1 79 FR 74722. By direction of the Commission. information. In addition, do not include 2 Section 4 of the FPLA specifically requires any ‘‘[t]rade secret or any commercial or Donald S. Clark, packages or labels to be marked with: (1) A financial information which . . . is Secretary. statement of identity; (2) a net quantity of contents disclosure; and (3) the name and place of business [FR Doc. 2015–05105 Filed 3–5–15; 8:45 am] of the company responsible for the product. The manufacturers, packagers, and distributors of BILLING CODE 6750–01–P FPLA Rules, 16 CFR parts 500–503, specify how ‘‘consumer commodities’’ must do this.

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privileged or confidential,’’ as discussed underlying the PRA discussion in this electronic, mechanical, or other in Section 6(f) of the FTC Act, 15 U.S.C. Notice, see http://www.reginfo.gov/ technological collection techniques or 46(f), and FTC Rule 4.10(a)(2), 16 CFR public/jsp/PRA/praDashboard.jsp. other forms of information technology, 4.10(a)(2). In particular, don’t include Comments on the information e.g., permitting electronic submission of competitively sensitive information collection requirements subject to responses; and (e) Assess information such as costs, sales statistics, review under the PRA should collection costs. inventories, formulas, patterns, devices, additionally be submitted to OMB. If To request additional information on manufacturing processes, or customer sent by U.S. mail, they should be the proposed project or to obtain a copy names. addressed to Office of Information and of the information collection plan and If you want the Commission to treat Regulatory Affairs, Office of instruments, call (404) 639–7570 or your comment as confidential, you must Management and Budget, Attention: send an email to [email protected]. Written file it in paper form, with a request for Desk Officer for the Federal Trade comments and/or suggestions regarding confidentiality, and you have to follow Commission, New Executive Office the items contained in this notice the procedure explained in FTC Rule Building, Docket Library, Room 10102, should be directed to the Attention: 4.9(c).3 Your comment will be kept 725 17th Street NW., Washington, DC CDC Desk Officer, Office of Management confidential only if the FTC General 20503. Comments sent to OMB by U.S. and Budget, Washington, DC 20503 or Counsel grants your request in postal mail, however, are subject to by fax to (202) 395–5806. Written accordance with the law and the public delays due to heightened security comments should be received within 30 interest. precautions. Thus, comments instead days of this notice. Postal mail addressed to the should be sent by facsimile to (202) Proposed Project Commission is subject to delay due to 395–5806. heightened security screening. As a Annual Survey of Colorectal Cancer result, we encourage you to submit your David C. Shonka, Control Activities Conducted by States comments online. To make sure that the Principal Deputy General Counsel. and Tribal Organizations—New— Commission considers your online [FR Doc. 2015–05194 Filed 3–5–15; 8:45 am] National Center for Chronic Disease comment, you must file it at https:// BILLING CODE 6750–01–P Prevention and Health Promotion ftcpublic.commentworks.com/ftc/ (NCCDPHP), Centers for Disease Control fplaregspra2, by following the and Prevention (CDC). instructions on the web-based form. DEPARTMENT OF HEALTH AND Background and Brief Description When this Notice appears at http:// HUMAN SERVICES www.regulations.gov/#!home, you also In July 2009, the Centers for Disease may file a comment through that Web Centers for Disease Control and Control and Prevention’s (CDC’s) site. Prevention Division of Cancer Prevention and If you file your comment on paper, Control, National Center for Chronic [30-Day–15–14LA] write ‘‘FPLA Rules, PRA Comment, Disease Prevention and Health P074200’’ on your comment and on the Agency Forms Undergoing Paperwork Promotion, funded the Colorectal envelope, and mail it to the following Reduction Act Review Cancer Control Program (CRCCP) for a address: Federal Trade Commission, 5-year period. The purpose of the Office of the Secretary, 600 The Centers for Disease Control and CRCCP is to promote colorectal cancer Pennsylvania Avenue NW., Suite CC– Prevention (CDC) has submitted the (CRC) screening to increase population- 5610 (Annex J), Washington, DC 20580, following information collection request level screening rates to 80% and, or deliver your comment to the to the Office of Management and Budget subsequently, to reduce CRC incidence following address: Federal Trade (OMB) for review and approval in and mortality. The current awardees are Commission, Office of the Secretary, accordance with the Paperwork 25 states and 4 tribal organizations. Constitution Center, 400 7th Street SW., Reduction Act of 1995. The notice for The CRCCP includes two program 5th Floor, Suite 5610 (Annex J), the proposed information collection is components: (1) CRC screening of low- Washington, DC 20024. If possible, published to obtain comments from the income, uninsured and underinsured submit your paper comment to the public and affected agencies. people (screening provision) and (2) Commission by courier or overnight Written comments and suggestions implementation of interventions to service. from the public and affected agencies increase population-level screening The FTC Act and other laws that the concerning the proposed collection of rates (screening promotion). Commission administers permit the information are encouraged. Your As a comprehensive, organized collection of public comments to comments should address any of the screening program, the CRCCP supports consider and use in this proceeding as following: (a) Evaluate whether the activities including program appropriate. The Commission will proposed collection of information is management, partnership development, consider all timely and responsive necessary for the proper performance of public education and targeted outreach, public comments that it receives on or the functions of the agency, including screening and diagnostic services, before April 6, 2015. For information on whether the information will have patient navigation, quality assurance the Commission’s privacy policy, practical utility; (b) Evaluate the and quality improvement, professional including routine uses permitted by the accuracy of the agencies’ estimate of the development, data management and Privacy Act, see http://www.ftc.gov/ftc/ burden of the proposed collection of utilization, and program monitoring and privacy.htm. For supporting information, including the validity of evaluation. For clinical service delivery, documentation and other information the methodology and assumptions used; grantees fund health care providers in (c) Enhance the quality, utility, and their state/territory/tribe to deliver 3 In particular, the written request for confidential clarity of the information to be colorectal cancer screening, diagnostic treatment that accompanies the comment must collected; (d) Minimize the burden of evaluation, and treatment referrals for include the factual and legal basis for the request, and must identify the specific portions of the the collection of information on those those diagnosed with cancer. comment to be withheld from the public record. See who are to respond, including through An annual survey of CRCCP grantees FTC Rule 4.9(c), 16 CFR 4.9(c). the use of appropriate automated, was fielded from 2011–2013 through the

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Cancer Prevention and Control Research conducted from 2011–2013 through the control programs, and identify Network. The survey was found to be CPCRN. implementation models with potential useful by CDC and the grantees (which Questions are of various types to expand and transition to new settings received feedback reports). For example, including dichotomous and multiple to increase program impact and reach. after the each survey administration, response. All information is to be The assessment will identify successful CDC was able to tailor sessions at the collected electronically through the activities that should be maintained, Program Director’s meeting to the needs web-based survey. The estimated replicated, or expanded as well as of grantees that had been expressed burden per response is 75 minutes. provide insight into areas that need This assessment will enable CDC to during last year’s information improvement. gauge its progress in meeting CRCCP collection. DCPC has decided to program goals, identify implementation OMB approval is requested for three continue the data collection, and is activities, monitor program transition to years. Participation is voluntary for being supported through the National efforts aimed at impacting population- CRCCP awardees and there are no costs Association of Chronic Disease based screening, identify technical to respondents other than their time. Directors. CDC’s proposed survey builds assistance needs of state, tribe and The total estimated annualized burden on previous information collections territorial health department cancer hours are 36.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Colorectal Cancer Control Program Directors Colorectal Cancer Control Program 29 1 75/60 or Managers. (CRCCP) Grantee Survey of Program Im- plementation.

Leroy A. Richardson, ADDRESSES: Submit your comments, HRSA grantees, to measure satisfaction Chief, Information Collection Review Office, including the Information Collection with the training experience. Results of Office of Scientific Integrity, Office of the Request Title, to the desk officer for these surveys will be used to plan and Associate Director for Science, Office of the HRSA, either by email to OIRA_ redirect resources and efforts as needed Director, Centers for Disease Control and [email protected] or by fax to to improve services and processes. Prevention. 202–395–5806. Focus groups may also be used to gain [FR Doc. 2015–05211 Filed 3–5–15; 8:45 am] FOR FURTHER INFORMATION CONTACT: To partner input into the design of mail BILLING CODE 4163–18–P request a copy of the clearance requests and telephone surveys. Focus groups, submitted to OMB for review, email the in-class evaluation forms, mail surveys, and telephone surveys are expected to DEPARTMENT OF HEALTH AND HRSA Information Collection Clearance be the preferred data collection HUMAN SERVICES Officer at [email protected] or call (301) 443–1984. methods. Health Resources and Services SUPPLEMENTARY INFORMATION: A generic approval allows HRSA to Administration Information Collection Request Title: conduct a limited number of partner Voluntary Partner Surveys to Implement surveys without a full-scale OMB Agency Information Collection Executive Order 12862 in the Health review of each survey. If generic Activities: Submission to OMB for Resources and Services Administration. approval is approved, information on Review and Approval; Public Comment OMB No. 0915–0212—Extension. each individual partner survey will not Request Abstract: In response to Executive be published in the Federal Register. Order 12862, the Health Resources and Burden Statement: Burden in this AGENCY: Health Resources and Services Services Administration (HRSA) context means the time expended by Administration, HHS. proposes to conduct voluntary customer persons to generate, maintain, retain, ACTION: Notice. surveys of its partners to assess disclose or provide the information strengths and weaknesses in program requested. This includes the time SUMMARY: In compliance with Section services and processes. HRSA partners needed to review instructions; to 3507(a)(1)(D) of the Paperwork are typically state or local governments, develop, acquire, install and utilize Reduction Act of 1995, the Health health care facilities, health care technology and systems for the purpose Resources and Services Administration consortia, health care providers, and of collecting, validating and verifying (HRSA) has submitted an Information researchers. HRSA is requesting a information, processing and Collection Request (ICR) to the Office of generic approval from OMB to conduct maintaining information, and disclosing Management and Budget (OMB) for the partner surveys. and providing information; to train review and approval. Comments Partner surveys to be conducted by personnel and to be able to respond to submitted during the first public review HRSA might include, for example, a collection of information; to search of this ICR will be provided to OMB. online or telephone surveys of grantees data sources; to complete and review OMB will accept further comments from to determine satisfaction with grant the collection of information; and to the public during the review and processes or technical assistance transmit or otherwise disclose the approval period. provided by a contractor, or in-class information. The total annual burden DATES: Comments on this ICR should be evaluation forms completed by hours estimated for this ICR are received no later than April 6, 2015. providers who receive training from summarized in the table below.

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TOTAL ESTIMATED ANNUALIZED BURDEN—HOURS

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

In-class evaluations ...... 40,000 1 40,000 .05 2,000 Mail/Telephone/Online Surveys ...... 12,000 1 12,000 .25 3,000 Focus groups ...... 250 1 250 1.5 375

Total ...... 52,250 1 52,250 .103 5,375

Jackie Painter, consideration, comments and Form for Clinical Laboratory Director, Division of the Executive Secretariat. recommendations must be received by Improvement Amendments (CLIA) and [FR Doc. 2015–05187 Filed 3–5–15; 8:45 am] the OMB desk officer via one of the Supporting Regulations; Use: The form BILLING CODE 4165–15–P following transmissions: OMB, Office of is used to report surveyor findings Information and Regulatory Affairs, during a CLIA survey. For each type of Attention: CMS Desk Officer, Fax survey conducted (i.e., initial DEPARTMENT OF HEALTH AND Number: (202) 395–5806 or Email: certification, recertification, validation, HUMAN SERVICES [email protected]. complaint, addition/deletion of To obtain copies of a supporting specialty/subspecialty, transfusion Centers for Medicare & Medicaid statement and any related forms for the fatality investigation, or revisit Services proposed collection(s) summarized in inspections) the Survey Report Form [Document Identifier: CMS–1557, CMS– this notice, you may make your request incorporates the requirements specified 10531 and CMS–10535] using one of following: in the CLIA regulations. Form Number: 1. Access CMS’ Web site address at CMS–1557 (OMB control number: Agency Information Collection http://www.cms.hhs.gov/Paperwork 0938–0544); Frequency: Biennially; Activities: Submission for OMB ReductionActof1995. Affected Public: Private sector (Business Review; Comment Request 2. Email your request, including your or other for-profit and Not-for-profit address, phone number, OMB number, institutions, State, Local or Tribal ACTION: Notice. and CMS document identifier, to Governments and Federal Government); SUMMARY: The Centers for Medicare & [email protected]. Number of Respondents: 19,051; Total Medicaid Services (CMS) is announcing 3. Call the Reports Clearance Office at Annual Responses: 9,526; Total Annual an opportunity for the public to (410) 786–1326. Hours: 4,763. (For policy questions comment on CMS’ intention to collect FOR FURTHER INFORMATION CONTACT: regarding this collection contact information from the public. Under the Reports Clearance Office at (410) 786– Kathleen Todd at 410–786–3385). Paperwork Reduction Act of 1995 1326. 2. Type of Information Collection (PRA), federal agencies are required to SUPPLEMENTARY INFORMATION: Under the Request: New collection (Request for a publish notice in the Federal Register Paperwork Reduction Act of 1995 (PRA) new OMB control number); Title of concerning each proposed collection of (44 U.S.C. 3501–3520), federal agencies Information Collection: Transcatheter information, including each proposed must obtain approval from the Office of Mitral Valve Repair (TMVR) National extension or reinstatement of an existing Management and Budget (OMB) for each Coverage Decision (NCD); Use: The data collection of information, and to allow collection of information they conduct collection is required by the Centers for a second opportunity for public or sponsor. The term ‘‘collection of Medicare and Medicaid Services (CMS) comment on the notice. Interested information’’ is defined in 44 U.S.C. National Coverage Determination (NCD) persons are invited to send comments 3502(3) and 5 CFR 1320.3(c) and entitled, ‘‘Transcatheter Mitral Valve regarding the burden estimate or any includes agency requests or Repair (TMVR)’’. The TMVR device is other aspect of this collection of requirements that members of the public only covered when specific conditions information, including any of the submit reports, keep records, or provide are met including that the heart team following subjects: (1) The necessity and information to a third party. Section and hospital are submitting data in a utility of the proposed information 3506(c)(2)(A) of the PRA (44 U.S.C. prospective, national, audited registry. collection for the proper performance of 3506(c)(2)(A)) requires federal agencies The data includes patient, practitioner the agency’s functions; (2) the accuracy to publish a 30-day notice in the and facility level variables that predict of the estimated burden; (3) ways to Federal Register concerning each outcomes such as all-cause mortality enhance the quality, utility, and clarity proposed collection of information, and quality of life. of the information to be collected; and including each proposed extension or We find that the Society of Thoracic (4) the use of automated collection reinstatement of an existing collection Surgery/American College of Cardiology techniques or other forms of information of information, before submitting the Transcatheter Valve Therapy (STS/ACC technology to minimize the information collection to OMB for approval. To TVT) Registry, one registry overseen by collection burden. comply with this requirement, CMS is the National Cardiovascular Data DATES: Comments on the collection(s) of publishing this notice that summarizes Registry, meets the requirements information must be received by the the following proposed collection(s) of specified in the NCD on TMVR. The OMB desk officer April 6, 2015. information for public comment: TVT Registry will support a national ADDRESSES: When commenting on the 1. Type of Information Collection surveillance system to monitor the proposed information collections, Request: Extension of a currently safety and efficacy of the TMVR please reference the document identifier approved collection; Title of technologies for the treatment of mitral or OMB control number. To be assured Information Collection: Survey Report regurgitation (MR). The data will also

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include the variables on the eight item 3. Type of Information Collection DEPARTMENT OF HEALTH AND Kansas City Cardiomyopathy Request: Revision of a currently HUMAN SERVICES Questionnaire (KCCQ–10) to assess approved collection; Title of heath status, functioning and quality of Information Collection: Employer Centers for Medicare & Medicaid life. In the KCCQ, an overall summary Notification to HHS of its Objection to Services score can be derived from the physical Providing Coverage for Contraceptive [Document Identifier: CMS–10464] function, symptoms (frequency and Services; Use: The proposed rules titled severity), social function and quality of ‘‘Coverage of Certain Preventive Agency Information Collection life domains. For each domain, the Services Under the Affordable Care Act’’ Activities: Proposed Collection; validity, reproducibility, responsiveness (79 FR 51118), if finalized as proposed, Comment Request and interpretability have been would require each qualifying closely- AGENCY: Centers for Medicare & independently established. Scores are held, for-profit entity seeking to be transformed to a range of 0–100, in Medicaid Services, HHS. treated as an eligible organization to which higher scores reflect better health ACTION: Notice. provide notification of its religious status. objection to coverage of all or a subset SUMMARY: The Centers for Medicare & The conduct of the STS/ACC TVT of contraceptive services. Issuers and Medicaid Services (CMS) is announcing Registry and the KCCQ–10 is pursuant third party administrators providing or an opportunity for the public to to section 1142 of the Social Security comment on CMS’ intention to collect Act (the ACT) that describes the arranging payments for contraceptive information from the public. Under the authority of the Agency for Healthcare services for participants and Paperwork Reduction Act of 1995 (the Research and Quality (AHRQ). Under beneficiaries in plans of eligible PRA), federal agencies are required to section 1142, research may be organizations would be required to meet publish notice in the Federal Register conducted and supported on the the notice requirements as set forth in concerning each proposed collection of outcomes, effectiveness, and the 2013 final regulations, requiring information (including each proposed appropriateness of health care services them to provide notice of the extension or reinstatement of an existing and procedures to identify the manner availability of separate payments for collection of information) and to allow in which disease, disorders, and other contraceptive services to participants 60 days for public comment on the health conditions can be prevented, and beneficiaries in the eligible proposed action. Interested persons are diagnosed, treated, and managed organizations’ plans (78 FR 39870, invited to send comments regarding our clinically. Section 1862(a)(1)(E) of the 39880 (July 2, 2013)). burden estimates or any other aspect of Act allows Medicare to cover under The interim final regulations titled this collection of information, including coverage with evidence development ‘‘Coverage of Certain Preventive any of the following subjects: (1) The (CED) certain items or services for Services Under the Affordable Care Act’’ necessity and utility of the proposed which the evidence is not adequate to (79 FR 51092) continue to allow eligible information collection for the proper support coverage under section organizations that have religious performance of the agency’s functions; 1862(a)(1)(A) and where additional data objections to providing contraceptive (2) the accuracy of the estimated gathered in the context of a clinical burden; (3) ways to enhance the quality, setting would further clarify the impact coverage to notify an issuer or third utility, and clarity of the information to of these items and services on the health party administrator using EBSA Form be collected; and (4) the use of of beneficiaries. 700, as set forth in the 2013 final regulations. In addition, these interim automated collection techniques or The data collected and analyzed in other forms of information technology to the TVT Registry will be used to final regulations permit an alternative process under which an eligible minimize the information collection determine if TMVR is reasonable and burden. necessary (e.g., improves health organization may notify HHS of its outcomes) for Medicare beneficiaries religious objection to coverage of all or DATES: Comments must be received by under section 1862(a)(1)(A) of the ACT. a subset of contraceptive services. May 5, 2015. Furthermore, data from the Registry will Form Number: CMS–10535 (OMB ADDRESSES: When commenting, please assist the medical device industry and control number: 0938–1248); Frequency: reference the document identifier or the Food and Drug Administration Once; Affected Public: Private sector OMB control number. To be assured (FDA) in surveillance of the quality, (Business or other for-profits and not- consideration, comments and safety and efficacy of new medical for-profit institutions); Number of recommendations must be submitted in devices to treat mitral regurgitation. For Respondents: 61; Number of Responses: any one of the following ways: purposes of the TMVR NCD, the TVT 61; Total Annual Hours: 51. (For policy 1. Electronically. You may send your Registry has contracted with the Data questions regarding this collection, comments electronically to http:// Analytic Centers to conduct the contact Usree Bandyopadhyay at 410– www.regulations.gov. Follow the analyses. In addition, data will be made instructions for ‘‘Comment or 786–6650.) available for research purposes under Submission’’ or ‘‘More Search Options’’ the terms of a data use agreement that Dated: March 2, 2015. to find the information collection only provides de-identified datasets. William N. Parham, III, document(s) that are accepting Form Number: CMS–10531(OMB Director, Paperwork Reduction Staff, Office comments. control number: 0938–NEW); of Strategic Operations and Regulatory 2. By regular mail. You may mail Frequency: Annually; Affected Public: Affairs. written comments to the following Private sector (Business or other for- [FR Doc. 2015–05165 Filed 3–5–15; 8:45 am] address: profits); Number of Respondents: 4,000; BILLING CODE 4120–01–P CMS, Office of Strategic Operations Total Annual Responses: 16,000; Total and Regulatory Affairs, Division of Annual Hours: 5,600. (For policy Regulations Development, Attention: questions regarding this collection Document Identifier/OMB Control contact Roya Lotfi at 410–786–4072). Number lll, Room C4–26–05, 7500

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Security Boulevard, Baltimore, use this collection of information to Wisconsin Avenue, Bethesda, MD 20892, Maryland 21244–1850. ensure agents/brokers possess the basic (Telephone Conference Call). To obtain copies of a supporting knowledge required to enroll Contact Person: Kimberly Firth, Ph.D., statement and any related forms for the individuals and SHOP employers/ National Institutes of Health, National Institute on Aging, Gateway Building, 7201 proposed collection(s) summarized in employees through the Marketplaces. Wisconsin Avenue, Suite 2C212, Bethesda, this notice, you may make your request Agents/brokers will use CMS or third- MD 20892, 301–402–7702, firthkm@ using one of following: party systems to enter identifying mail.nih.gov. 1. Access CMS’ Web site address at information and register with the FFM. This notice is being published less http://www.cms.hhs.gov/Paperwork As a component of registration, agents/ than 15 days prior to the meeting due ReductionActof1995. brokers are required to complete online to the timing limitations imposed by the 2. Email your request, including your training courses through a CMS or third- review and funding cycle. address, phone number, OMB number, party Learning Management System and CMS document identifier, to (LMS). Upon completion of their (Catalogue of Federal Domestic Assistance [email protected]. applications and training requirements, Program Nos. 93.866, Aging Research, 3. Call the Reports Clearance Office at agents/brokers will be required to attest National Institutes of Health, HHS) (410) 786–1326. to their agreement to adhere to FFM Dated: March 2, 2015. FOR FURTHER INFORMATION CONTACT: standards and requirements through a Melanie J. Gray, Reports Clearance Office at (410) 786– CMS or third-party LMS. Form Number: Program Analyst, Office of Federal Advisory 1326. CMS–10464 (OMB Control Number Committee Policy. 0938–1204); Frequency: Annually; [FR Doc. 2015–05172 Filed 3–5–15; 8:45 am] SUPPLEMENTARY INFORMATION: Affected Public: Private sector (Business BILLING CODE 4140–01–P Contents or other for-profits); Number of Respondents: 172,525; Total Annual This notice sets out a summary of the Responses: 172,525; Total Annual DEPARTMENT OF HEALTH AND use and burden associated with the Hours: 72,460. (For policy questions HUMAN SERVICES following information collections. More regarding this collection contact Daniel detailed information can be found in Brown at 301–492–5146). National Institutes of Health each collection’s supporting statement and associated materials (see Dated: March 2, 2015. National Institute of General Medical ADDRESSES). William N. Parham, III, Sciences Notice of Closed Meetings Director, Paperwork Reduction Staff, Office CMS–10464 Agent/Broker Data of Strategic Operations and Regulatory Pursuant to section 10(d) of the Collection in Federally Facilitated Affairs. Federal Advisory Committee Act, as Health Insurance Exchanges [FR Doc. 2015–05166 Filed 3–5–15; 8:45 am] amended (5 U.S.C. App.), notice is Under the PRA (44 U.S.C. 3501– BILLING CODE 4120–01–P hereby given of the following meetings. 3520), federal agencies must obtain The meetings will be closed to the approval from the Office of Management public in accordance with the and Budget (OMB) for each collection of DEPARTMENT OF HEALTH AND provisions set forth in sections information they conduct or sponsor. HUMAN SERVICES 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and The term ‘‘collection of information’’ is National Institutes of Health defined in 44 U.S.C. 3502(3) and 5 CFR the discussions could disclose confidential trade secrets or commercial 1320.3(c) and includes agency requests National Institute on Aging Notice of property such as patentable material, or requirements that members of the Closed Meeting public submit reports, keep records, or and personal information concerning provide information to a third party. Pursuant to section 10(d) of the individuals associated with the grant Section 3506(c)(2)(A) of the PRA Federal Advisory Committee Act, as applications, the disclosure of which requires federal agencies to publish a amended (5 U.S.C. App.), notice is would constitute a clearly unwarranted 60-day notice in the Federal Register hereby given of the following meeting. invasion of personal privacy. concerning each proposed collection of The meeting will be closed to the Name of Committee: National Institute of information, including each proposed public in accordance with the General Medical Sciences Special Emphasis extension or reinstatement of an existing provisions set forth in sections Panel; Review of P20 Research Training collection of information, before 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Grant Applications. Date: March 26, 2015. submitting the collection to OMB for as amended. The grant applications and the discussions could disclose Time: 2:00 p.m. to 4:00 p.m. approval. To comply with this Agenda: To review and evaluate grant requirement, CMS is publishing this confidential trade secrets or commercial property such as patentable material, applications. notice. Place: National Institute of General and personal information concerning Medical Sciences, Natcher Building, 45 Information Collection individuals associated with the grant Center Drive, 3An.12, Bethesda, MD 20892 1. Type of Information Collection applications, the disclosure of which (Telephone Conference Call). Request: Revision of a currently would constitute a clearly unwarranted Contact Person: Lisa A. Dunbar, Ph.D., approved collection; Title of invasion of personal privacy. Scientific Review Officer, Office of Scientific Information Collection: Agent/Broker Name of Committee: National Institute on Review, National Institute of General Medical Sciences, National Institutes of Health, 45 Data Collection in Federally Facilitated Aging Special Emphasis Panel; Harmonizing the Health and Retirement Study (HRS). Center Drive, Room 3An.12F, Bethesda, MD Health Insurance Exchanges; Use: We 20892, 301–594–2849, [email protected]. collect personally identifiable Date: March 18, 2015. Time: 9:00 a.m. to 12:30 p.m. Name of Committee: National Institute of information from agents/brokers to Agenda: To review and evaluate grant General Medical Sciences Special Emphasis register them with the FFM and permit applications. Panel; Review of P50 Research Training them to assist individuals and Place: National Institute on Aging, Grant Applications. employers in enrolling in the FFM. We Gateway Building, Suite 2C212, 7201 Date: March 31, 2015.

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Time: 1:00 p.m. to 4:00 p.m. FOR FURTHER INFORMATION CONTACT: For from these groups as well as individuals Agenda: To review and evaluate grant additional information, contact Dr. Joan with disabilities. applications. Weiss, Division of Medicine and To allow the Secretary to choose from Place: National Institutes of Health, Dentistry, BHW, by email at jweiss@ Natcher Building, 45 Center Drive, Room a highly qualified list of potential 3An.12, Bethesda, MD 20892 (Telephone hrsa.gov or telephone at (301) 443–0430. candidates, more than one nomination Conference Call). A copy of the current committee is requested per open position. membership, charter and reports can be Contact Person: Lisa A. Dunbar, Ph.D., Interested persons may nominate one or obtained by accessing the Advisory Scientific Review Officer, Office of Scientific more qualified persons for membership. Review, National Institute of General Medical Committee Web site at http://www.hrsa. Sciences, National Institutes of Health, 45 gov/advisorycommittees/bhpradvisory/ Self-nominations are also accepted. Center Drive, Room 3An.12F, Bethesda, MD acicbl/index.htm. Nominations must be typewritten. The 20892, 301–594–2849, [email protected]. following information should be (Catalogue of Federal Domestic Assistance SUPPLEMENTARY INFORMATION: Under the included in the package of materials Program Nos. 93.375, Minority Biomedical authorities that established the ACICBL submitted for each individual being Research Support; 93.821, Cell Biology and and the Federal Advisory Committee nominated for consideration: (1) A letter Biophysics Research; 93.859, Pharmacology, Act, HRSA is requesting nominations of nomination that clearly states the Physiology, and Biological Chemistry for eleven committee members. The name and affiliation of the nominee, the Research; 93.862, Genetics and ACICBL provides advice and Developmental Biology Research; 93.88, basis for the nomination (i.e., specific recommendations to the Secretary of attributes that qualify the nominee for Minority Access to Research Careers; 93.96, Health and Human Services (Secretary) Special Minority Initiatives, National service in this capacity), a statement concerning policy, program Institutes of Health, HHS) that the nominee is willing to serve as development, and other matters of a member of the Committee and appears Dated: March 2, 2015. significance related to interdisciplinary, Melanie J. Gray, community-based training grant to have no conflict of interest that Program Analyst, Office of Federal Advisory programs authorized under sections would preclude the Committee Committee Policy. 750–759, title VII, part D of the PHS Act, membership—potential candidates will [FR Doc. 2015–05171 Filed 3–5–15; 8:45 am] as amended. The ACICBL prepares an be asked to provide detailed information BILLING CODE 4140–01P annual report describing the activities concerning such matters as financial conducted during the fiscal year, holdings, consultancies, research grants, identifying findings and developing and/or contracts to permit an evaluation DEPARTMENT OF HEALTH AND recommendations to enhance these title of possible sources of conflicts of HUMAN SERVICES VII programs. The annual report is interest; (2) the nominator’s name, submitted to the Secretary and ranking address, and daytime telephone Health Resources and Service members of the Senate Committee on number, and the home/or work address, Administration Health, Education, Labor and Pensions, telephone number, and email address of Advisory Committee on and the House of Representatives the individual being nominated; (3) a Interdisciplinary, Community-Based Committee on Energy and Commerce. current copy of the nominee’s Linkages, Notice for Request for The ACICBL develops, publishes, and curriculum vitae; and (4) a statement of Nominations implements performance measures for interest from the nominee to support programs under this part; develops and experience working with title VII SUMMARY: The Health Resources and publishes guidelines for longitudinal interdisciplinary, community-based Services Administration (HRSA) is evaluations (as described in section training grant programs; expertise in the requesting nominations to fill eleven 761(d)(2)) for programs under this part; field; and personal desire in upcoming vacancies on the Advisory and recommends appropriation levels participating on a National Advisory Committee on Interdisciplinary, for programs under this part. Committee. Community-Based Linkages (ACICBL). The Department of Health and Human Members will receive a stipend for Authority: 42 U.S.C. 294f, section 757 of Services is requesting a total of eleven each official meeting day of the nominations for members of the ACICBL the Public Health Service (PHS) Act, as Committee, as well as per diem and amended by the Patient Protection and from schools that have administered or travel expenses as authorized by section Affordable Care Act. The Advisory are currently administering awards from Committee is governed by the Federal the following programs/areas: Area 5 U.S.C. 5703 for persons employed Advisory Act, Public Law 92–463, as Health Education Centers (3); Education intermittently in Government service. amended (5 U.S.C. Appendix 2) which sets and Training Relating to Geriatrics (2); Appointments shall be made without forth standards for the formation and use of discrimination on the basis of age, advisory committees. Rural Interdisciplinary Training (2); Chiropractic Demonstration Program (1); ethnicity, gender, sexual orientation, DATES: The Agency must receive Preventive and Primary Care Training and cultural, religious, or nominations on or before May 1, 2015. for Podiatric Physicians (1); and Social socioeconomic status. Qualified ADDRESSES: All nominations are to be Work (2). Among these nominations, candidates will be invited to serve a 3- submitted either by mail to Joan Weiss, students, residents, and/or fellows from year term. these programs are encouraged to apply. Ph.D., RN, CRNP, FAAN, Designated Jackie Painter, Federal Official, ACICBL, Division of HRSA has a special interest, and the Medicine and Dentistry, Bureau of legislation requires a fair balance Director, Health Workforce (BHW), Health between the health professions and Division of the Executive Secretariat. Resources and Services Administration members from urban and rural areas, a [FR Doc. 2015–05189 Filed 3–5–15; 8:45 am] (HRSA), Parklawn Building, Room broad geographic distribution, and the BILLING CODE 4165–15–P 12C–05, 5600 Fishers Lane, Rockville, adequate representation of women and Maryland 20857 or email to Dr. Joan minorities. HRSA encourages Weiss at [email protected]. nominations of qualified candidates

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DEPARTMENT OF HEALTH AND Status: The meeting will be open to written comments to the COGME should HUMAN SERVICES the public. be sent to Dr. Joan Weiss, Designated Purpose: The COGME provides advice Federal Official, using the address and National Institutes of Health and recommendations to the Secretary phone number below. Individuals who of the Department of Health and Human plan to participate on the conference National Eye Institute; Notice of Closed Services and to Congress on a range of call or webinar should notify Dr. Weiss Meeting issues including the supply and at least 3 days prior to the meeting, Pursuant to section 10(d) of the distribution of physicians in the United using the address and phone number Federal Advisory Committee Act, as States, current and future physician below. Members of the public will have amended (5 U.S.C. App.), notice is shortages or excesses, issues relating to the opportunity to provide comments. hereby given of the following meeting. foreign medical school graduates, the Interested parties should refer to the The meeting will be closed to the nature and financing of medical meeting subject as the HRSA Council on public in accordance with the education training, and the Graduate Medical Education. provisions set forth in sections development of performance measures The conference call-in number is 552b(c)(4) and 552b(c)(6), title 5 U.S.C., and longitudinal evaluation of medical (800) 369–1867. The passcode is: education programs. 8803797. The webinar link is https:// as amended. The grant applications and _ The COGME members will discuss hrsa.connectsolutions.com/cac the discussions could disclose _ confidential trade secrets or commercial topics and issues for the 23rd report. committee meeting/. property such as patentable material, The COGME’s reports are submitted to As this meeting will be a combined and personal information concerning the Secretary of the Department of format of both in-person, webinar, and individuals associated with the grant Health and Human Services; the conference call members of the public, applications, the disclosure of which Committee on Health, Education, Labor, and interested parties who wish to would constitute a clearly unwarranted and Pensions of the Senate; and the participate ‘‘in-person’’ should make an invasion of personal privacy. Committee on Energy and Commerce of immediate request by emailing their first name, last name, and contact email Name of Committee: National Eye Institute the House of Representatives. Agenda: The COGME agenda includes to the Designated Federal Official for the Special Emphasis Panel; NEI Center Core committee, Dr. Joan Weiss, using the Grants for Vision Research. an opportunity for members to discuss Date: March 27, 2015. the 23rd report on Graduate Medical address and phone number below. Time: 8:30 a.m. to 4:00 p.m. Education (GME) innovations. The Space is limited. Due to the fact that this Agenda: To review and evaluate grant COGME will review current meeting will be held within a federal applications. recommendations for reform; examine government building and public Place: Hilton Garden Inn, 7301 Waverly entrance to such facilities require prior Street, Bethesda, MD 20814. and document innovations in GME financing and architecture; and make planning, access will be granted upon Contact Person: Anne E. Schaffner, Ph.D., request only and will be on a first come, Chief, Scientific Review Branch, Division of targeted recommendations to support Extramural Research, National Eye Institute, these innovations as appropriate. GME first served basis. The logistical 5635 Fishers Lane, Suite 1300, MSC 9300, architecture is defined as changes in the challenges of scheduling this meeting Bethesda, MD 20892–9300, (301) 451–2020, structure of GME training programs to hindered an earlier publication of this [email protected]. enhance the efficiency of training, meeting notice. (Catalogue of Federal Domestic Assistance account for changes in medicine, and Contact: Anyone requesting Program No. 93.867, Vision Research, address physician workforce needs, information regarding the COGME National Institutes of Health, HHS) while also maintaining the quality of should contact Dr. Joan Weiss, Dated: March 2, 2015. medical education. Examples include Designated Federal Official within the Melanie J. Gray, the combined, shortened medical school Bureau of Health Workforce, Health Resources and Services Administration, Program Analyst, Office of Federal Advisory to primary care residency programs and Committee Policy. the integrated vascular surgery tracks in one of three ways: (1) Send a request to the following address: Dr. Joan Weiss, [FR Doc. 2015–05169 Filed 3–5–15; 8:45 am] which both reduce the total number of Designated Federal Official, Bureau of BILLING CODE 4140–01–P years of training by 1 year. Innovations in GME architecture—Committee Health Workforce, Health Resources and Discussion Questions include: Services Administration, Parklawn DEPARTMENT OF HEALTH AND • What are examples of innovations Building, Room 12C–05, 5600 Fishers HUMAN SERVICES in streamlining the GME architecture to Lane, Rockville, Maryland 20857; (2) increase the throughput and cost call (301) 443–0430; or (3) send an email Health Resources and Service efficiencies of GME, in order to reduce to [email protected]. Administration the overall length and cost of training? Jackie Painter, • How can medical education Council on Graduate Medical Director, Division of the Executive Secretariat. technology be leveraged in the Education; Notice of Meeting [FR Doc. 2015–05188 Filed 3–5–15; 8:45 am] transformation and innovation in GME? BILLING CODE P In accordance with section 10(a)(2) of • What are the potential regulatory the Federal Advisory Committee Act and licensing challenges from such (Pub. L. 92–463), notice is hereby given changes, and how can they be DEPARTMENT OF HEALTH AND of the following meeting: mitigated? HUMAN SERVICES Name: Council on Graduate Medical The official agenda will be available National Institutes of Health Education (COGME). 2 days prior to the meeting on the HRSA Dates and Times: March 12, 2015 Web site at http://www.hrsa.gov/ advisorycommittees/bhpradvisory/ Center for Scientific Review Notice of (8:30 a.m.–5 p.m. EST); March 13, 2015 Closed Meetings (8:30 a.m.–5 p.m. EST). cogme/index.html. Place: In-person meeting, webinar, SUPPLEMENTARY INFORMATION: Requests Pursuant to section 10(d) of the and conference call format. to make oral comments or provide Federal Advisory Committee Act, as

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amended (5 U.S.C. App.), notice is Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific hereby given of the following meetings. Rockledge Drive, Bethesda, MD 20892, Review Special Emphasis Panel; Member (Virtual Meeting). Conflict: Urology. The meetings will be closed to the Contact Person: Richard G. Kostriken, Date: April 2, 2015. public in accordance with the Ph.D., Scientific Review Officer, Center for Time: 1:00 p.m. to 2:00 p.m. provisions set forth in sections Scientific Review, National Institutes of Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Health, 6701 Rockledge Drive, Room 3192, applications. as amended. The grant applications and MSC 7808, Bethesda, MD 20892, 240–519– Place: National Institutes of Health, 6701 the discussions could disclose 7808, [email protected]. Rockledge Drive, Bethesda, MD 20892, confidential trade secrets or commercial Name of Committee: Center for Scientific (Telephone Conference Call). property such as patentable material, Review Special Emphasis Panel; Molecular Contact Person: Martha Garcia, Ph.D., and personal information concerning Neurodegeneration and Signaling. Scientific Reviewer Officer, Center for individuals associated with the grant Date: April 1, 2015. Scientific Review, National Institutes of applications, the disclosure of which Time: 1:00 p.m. to 5:00 p.m. Health, 6701 Rockledge Drive, Room 2186, would constitute a clearly unwarranted Agenda: To review and evaluate grant MSC 7818, Bethesda, MD 20892, 301–435– applications. 1243, [email protected]. invasion of personal privacy. Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific Name of Committee: Center for Scientific Rockledge Drive, Bethesda, MD 20892, Review Special Emphasis Panel; Member Review Special Emphasis Panel; (Virtual Meeting). Conflict: Gastrointestinal Physiology and Neurodegenerative Disorders and Glial Contact Person: Carol Hamelink, Ph.D., Pathophysiology. Biology. Scientific Review Officer, Center for Date: April 2, 2015. Date: March 27, 2015. Scientific Review, National Institutes of Time: 12:00 p.m. to 3:00 p.m. Time: 11:30 a.m. to 4:00 p.m. Health, 6701 Rockledge Drive, Room 4192, Agenda: To review and evaluate grant Agenda: To review and evaluate grant MSC 7850, Bethesda, MD 20892, (301) 213– applications. 9887, [email protected]. applications. Place: National Institutes of Health, 6701 Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific Rockledge Drive, Bethesda, MD 20892, Rockledge Drive, Bethesda, MD 20892, Review Special Emphasis Panel; (Telephone Conference Call). (Telephone Conference Call). Biochemistry. Contact Person: Bonnie L Burgess-Beusse, Contact Person: Christine A. Piggee, Ph.D., Date: April 1, 2015. Ph.D., Scientific Review Officer, Center for Scientific Review Officer, Center for Time: 1:00 p.m. to 3:00 p.m. Scientific Review, National Institutes of Scientific Review, National Institutes of Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 2182, Health, 6701 Rockledge Drive, Room 4186, applications. MSC 7818, Bethesda, MD 20892, 301–435– MSC 7850, Bethesda, MD 20892, 301–435– Place: National Institutes of Health, 6701 1783, [email protected]. 0657, [email protected]. Rockledge Drive, Bethesda, MD 20892, Name of Committee: Center for Scientific Name of Committee: Center for Scientific (Telephone Conference Call). Review Special Emphasis Panel; PAR13– Review Special Emphasis Panel; Mapping the Contact Person: Richard D. Crosland, 309–311: Translational Research in Pediatric Conformational Cycle of Transmembrane Ph.D., Scientific Review Officer, Center for Transporters. Scientific Review, National Institutes of and Obstetric Pharmacology and Date: April 1–2, 2015. Health, 6701 Rockledge Drive, Room 4190, Therapeutics. Time: 8:00 a.m. to 5:00 p.m. MSC 7850, Bethesda, MD 20892, 301–435– Date: April 2, 2015. Agenda: To review and evaluate grant 1220, [email protected]. Time: 12:00 p.m. to 3:00 p.m. applications. Agenda: To review and evaluate grant Name of Committee: Center for Scientific applications. Place: National Institutes of Health, 6701 Review Special Emphasis Panel; Member Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, Conflict: Biological Chemistry and Rockledge Drive, Bethesda, MD 20892, (Virtual Meeting). Macromolecular Biophysics. (Telephone Conference Call). Contact Person: Nuria E. Assa-Munt, Ph.D., Date: April 2–3, 2015. Contact Person: Michael Knecht, Ph.D., Scientific Review Officer, Center for Time: 8:00 a.m. to 5:00 p.m. Scientific Review Officer, Center for Scientific Review, National Institutes of Agenda: To review and evaluate grant Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4164, applications. Health, 6701 Rockledge Drive, Room 6176, MSC 7806, Bethesda, MD 20892, (301) 451– Place: National Institutes of Health, 6701 MSC 7892, Bethesda, MD 20892, (301) 435– 1323, [email protected]. Rockledge Drive, Bethesda, MD 20892, 1046, [email protected]. Name of Committee: Center for Scientific (Virtual Meeting). Review Special Emphasis Panel; Member Contact Person: David R. Jollie, Ph.D., Name of Committee: Center for Scientific Conflict: Hematology and Vascular Diseases. Scientific Review Officer, Center for Review Special Emphasis Panel; Molecular Date: April 1–2, 2015. Scientific Review, National Institutes of Neuroscience: Mechanisms and Pathways. Time: 10:00 a.m. to 6:00 p.m. Health, 6701 Rockledge Drive, Room 4150, Date: April 2, 2015. Agenda: To review and evaluate grant MSC 7806, Bethesda, MD 20892, (301) 435– Time: 12:30 p.m. to 5:00 p.m. applications. 1722, [email protected]. Agenda: To review and evaluate grant Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific applications. Rockledge Drive, Bethesda, MD 20892, Review Special Emphasis Panel; Member Place: National Institutes of Health, 6701 (Virtual Meeting). Conflict: Cell Biology. Rockledge Drive, Bethesda, MD 20892, Contact Person: Ai-Ping Zou, MD, Ph.D., Date: April 2–3, 2015. (Virtual Meeting). Scientific Review Officer, Center for Time: 11:00 a.m. to 6:00 p.m. Contact Person: Laurent Taupenot, Ph.D., Scientific Review, National Institutes of Agenda: To review and evaluate grant Scientific Review Officer, Center for Health, 6701 Rockledge Drive, Room 4118, applications. Scientific Review, National Institutes of MSC 7814, Bethesda, MD 20892, 301–408– Place: National Institutes of Health, 6701 Health, 6701 Rockledge Drive, Room 4188, 9497, [email protected]. Rockledge Drive, Bethesda, MD 20892, MSC 7850, Bethesda, MD 20892, 301–435– Name of Committee: Center for Scientific (Virtual Meeting). 1203, [email protected]. Review Special Emphasis Panel; Member Contact Person: David Balasundaram, (Catalogue of Federal Domestic Assistance Conflict: Topics in Virology. Ph.D., Scientific Review Officer, Center for Program Nos. 93.306, Comparative Medicine; Date: April 1, 2015. Scientific Review, National Institutes of 93.333, Clinical Research, 93.306, 93.333, Time: 10:00 a.m. to 6:00 p.m. Health, 6701 Rockledge Drive, Room 5189, 93.337, 93.393–93.396, 93.837–93.844, Agenda: To review and evaluate grant MSC 7840, Bethesda, MD 20892, 301–435– 93.846–93.878, 93.892, 93.893, National applications. 1022, [email protected]. Institutes of Health, HHS)

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Dated: March 2, 2015. ADDRESSES: Submit your comments to estimate of the counterfactual model. Melanie J. Gray, Information.CollectionClearance@ The counterfactual model will postulate Program Analyst, Office of Federal Advisory hhs.gov or by calling (202) 690–6162. what would have happened without the Committee Policy. FOR FURTHER INFORMATION CONTACT: intervention. The impact evaluation will [FR Doc. 2015–05173 Filed 3–5–15; 8:45 am] Information Collection Clearance staff, also document and analyze the degree to BILLING CODE 4140–01–P Information.CollectionClearance@ which services are integrated in medical hhs.gov or (202) 690–6162. settings based on change agent surveys SUPPLEMENTARY INFORMATION: When administered through participating DEPARTMENT OF HEALTH AND submitting comments or requesting trainees. The outcome evaluation will HUMAN SERVICES information, please include the assess changes that occurred in each document identifier HHS–OS–0990– domain as a result of the intervention, Office of the Secretary new–60D for reference. including knowledge, attitudes and Information Collection Request Title: behaviors related to the specific training [Document Identifier: HHS–OS–0990–New– Midwest HIV Prevention and Pregnancy content. The overall evaluation goal is 60D] Planning Initiative (MHPPPI). to assess whether or not MHPPPI: Abstract: HHS Office of the Assistant (1) Increased the knowledge of Agency Information Collection Secretary for Health (OASH)/Office of providers, Activities; Proposed Collection; Public Women’s Health (OWH) is seeking an (2) Facilitated the integration of Comment Request approval on a new information pregnancy planning into the care of collection request by the Office of AGENCY: Office of the Secretary, HHS. HIV-positive women/women with HIV- Management and Budget (OMB), the positive partners, and ACTION: Notice. program office initiatives on the (3) Increased access to innovative HIV evaluation of the MHPPPI will be SUMMARY: In compliance with section prevention options in communities with conducted by the AIDS Foundation of high HIV prevalence. 3506(c)(2)(A) of the Paperwork Chicago’s (AFC) internal Research, Reduction Act of 1995, the Office of the Likely Respondents: Evaluation and Data Services (REDS) Æ Secretary (OS), Department of Health department, which specializes in HIV Primary Care Providers and Human Services, announces plans documenting, evaluating and analyzing D Anyone who provides primary HIV to submit a new Information Collection the process, impact and outcomes of care to persons of reproductive age Request (ICR), described below, to the health programs. The evaluation (15–49). Office of Management and Budget framework for MHPPPI includes process Æ Reproductive Health Care Providers (OMB). Prior to submitting that ICR to monitoring, impact evaluation, outcome D Anyone who provides reproductive OMB, OS seeks comments from the evaluation and dissemination. The health care to HIV+ persons or HIV- public regarding the burden estimate, impact evaluation will be informed by persons with HIV+ partners. below, or any other aspect of the ICR. an initial climate survey of a sample of Æ HIV-positive and HIV-negative DATES: Comments on the ICR must be medical providers within the Midwest women receiving reproductive received on or before May 5, 2015. to develop a conservative baseline health care

TOTAL ESTIMATED ANNUALIZED BURDEN—HOURS

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

Provider Survey ...... 300 1 15/60 75 Patient Qualitative Interview ...... 20 1 1 20 Provider Qualitative Interview ...... 20 1 1 20

Total ...... 105

Darius Taylor, The meeting will be closed to the Time: 8:00 a.m. to 5:00 p.m. Collection Clearance Officer. public in accordance with the Agenda: To review and evaluate grant applications. [FR Doc. 2015–05120 Filed 3–5–15; 8:45 am] provisions set forth in sections Place: Embassy Suites at the Chevy Chase BILLING CODE 4150–28–P 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and Pavilion, 4300 Military Rd. NW., the discussions could disclose Washington, DC 20015. Contact Person: Lee Warren Slice, Ph.D., DEPARTMENT OF HEALTH AND confidential trade secrets or commercial Scientific Review Officer, Office of Scientific HUMAN SERVICES property such as patentable material, Review, National Institute of General Medical and personal information concerning Sciences, National Institutes of Health, 45 National Institutes of Health individuals associated with the grant Center Drive, Room 3An.12E, Bethesda, MD applications, the disclosure of which 20892, 301–435–0807, [email protected]. National Institute of General Medical would constitute a clearly unwarranted This notice is being published less than 15 Sciences; Notice of Closed Meeting invasion of personal privacy. days prior to the meeting due to the timing limitations imposed by the review and Name of Committee: National Institute of funding cycle. Pursuant to section 10(d) of the General Medical Sciences Special Emphasis Federal Advisory Committee Act, as Panel; Review of K99 Research Training (Catalogue of Federal Domestic Assistance amended (5 U.S.C. App.), notice is Grant Applications. Program Nos. 93.375, Minority Biomedical hereby given of the following meeting. Date: March 11, 2015. Research Support; 93.821, Cell Biology and

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Biophysics Research; 93.859, Pharmacology, For information on facilities or the January 17, 2008, issue of the Physiology, and Biological Chemistry services for individuals with disabilities Federal Register (73 FR 3316). Research; 93.862, Genetics and or to request special assistance, please Developmental Biology Research; 93.88, Docket: For access to the docket to Minority Access to Research Careers; 93.96, contact Mr. Davis Breyer as indicated in read documents or comments related to Special Minority Initiatives, National the FOR FURTHER INFORMATION CONTACT this notice, go to http:// Institutes of Health, HHS) paragraph below. www.regulations.gov, enter the docket Hotel Reservations: A block of rooms Dated: March 2, 2015. number in the ‘‘Search’’ field and follow has been reserved at a group rate from Melanie J. Gray, the instructions on the Web site. Tuesday, March 17 through Thursday, Public oral comment periods will be Program Analyst, Office of Federal Advisory March 19, 2015 at the Astor Crowne Committee Policy. held each day. Speakers are requested to Plaza Hotel for the Merchant Marine limit their comments to 3 minutes. [FR Doc. 2015–05170 Filed 3–5–15; 8:45 am] Personnel Advisory Committee meeting Please note that the public oral BILLING CODE 4140–01–P attendees. Availability is limited. To comment periods may end before the make a reservation please visit the prescribed ending time following the following Web site: https://aws.passkey. last call for comments. Contact Mr. DEPARTMENT OF HOMELAND com/event/12834866/owner/10756/ Davis Breyer as indicated below to SECURITY home Select ‘‘attendee’’ from the register as a speaker. dropdown menu. Coast Guard If you plan on attending the Merchant This notice may be viewed in our [Docket No. USCG–2015–0049] Mariner Medical Advisory Committee online docket, USCG–2015–0049, at meeting being held March 16–17, 2015 http://www.regulations.gov. Merchant Marine Personnel Advisory immediately before the Merchant FOR FURTHER INFORMATION CONTACT: Mr. Committee Marine Personnel Advisory Committee Davis Breyer, Alternate Designated AGENCY: Coast Guard, DHS. meeting, a separate hotel reservation Federal Officer of the Merchant Marine ACTION: Notice of Federal Advisory will need to be made under a different Personnel Advisory Committee, Committee Meeting. block. To make a reservation for the telephone 202–372–1445, or at Merchant Mariner Medical Advisory [email protected]. If you have any SUMMARY: The Merchant Marine Committee meeting please visit the questions on viewing or submitting Personnel Advisory Committee will following Web site: https://aws.passkey. material to the docket, call Cheryl meet to discuss various issues related to com/event/12834543/owner/10756/ Collins, Program Manager, Docket the training and fitness of merchant landing. To secure the group rate, Operations, telephone 202–366–9826 or marine personnel. This meeting will be reservations under both committee 1–800–647–5527. open to the public. blocks must be made no later March 13, SUPPLEMENTARY INFORMATION: DATES: The Merchant Marine Personnel 2015. Notice of Advisory Committee working groups are To facilitate public participation, we this meeting is given under the Federal scheduled to meet on March 18, 2015, are inviting public comment on the Advisory Committee Act (Public Law from 8 a.m. until 5 p.m., and the full issues to be considered by the 92–463, 5 U.S.C., Appendix). Committee is scheduled to meet on Committee and working groups as listed The Merchant Marine Personnel March 19, 2015, from 8 a.m. until 5 p.m. in the ‘‘Agenda’’ section below. Written Advisory Committee was established Written comments for distribution to comments must be identified by Docket under the Secretary’s authority in Committee members and for inclusion No. USCG–2015–0049 and submitted by section 871 of the Homeland Security on the Merchant Marine Personnel one of the following methods: Act of 2002, Title 6, United States Code, Advisory Committee Web site must be • Federal eRulemaking Portal: http:// section 451, and chartered under the submitted on or before March 11, 2015. www.regulations.gov. Follow the provisions of the Federal Advisory Please note that this meeting may instructions for submitting comments Committee Act. The Committee acts adjourn early if all business is finished. (preferred method to avoid delays in solely in an advisory capacity to the These meetings will be held as processing). Secretary of the Department of scheduled subject to the availability of • Fax: 202–493–2251. Homeland Security through the funds. Anyone interested in attending • Mail: Docket Management Facility Commandant of the Coast Guard and the this meeting may want to contact the (M–30), U.S. Department of Director of Commercial Regulations and Coast Guard before making their travel Transportation, West Building Ground Standards on matters relating to and hotel reservations. Please contact Floor, Room W12–140, 1200 New Jersey personnel in the U.S. merchant marine, either Mr. Davis Breyer at Avenue SE., Washington, DC 20590– including but not limited to training, [email protected] or Mr. Mark 0001. qualifications, certification, Gould at [email protected] to • Hand delivery: Same as mail documentation, and fitness standards. confirm that the meeting will be held on address above, between 9 a.m. and 5 The Committee will advise, consult these dates or if the meeting has been re- p.m., Monday through Friday, except with, and make recommendations scheduled. Federal Holidays. The telephone reflecting its independent judgment to ADDRESSES: The Committee will meet in number is 202–366–9329. the Secretary. the St. Charles Ballroom B of the Astor Instructions: All submissions must A copy of all meeting documentation Crowne Plaza Hotel, 739 Canal Street, include the words ‘‘Department of is available at https://homeport.uscg.mil New Orleans, LA 70130. For further Homeland Security’’ and the docket by using these key strokes: Missions; information about the Astor Crowne number for this action. Comments Port and Waterways Safety; Advisory Plaza Hotel, contact Ms. Angela Eckles received will be posted without Committees; MERPAC; and then use the at 504–962–0500 ext. 8004 or via email alteration at http://www.regulations.gov, announcements key. Alternatively, you at [email protected]. The including any personal information may contact Mr. Davis Breyer as noted hotel Web site can also be viewed at provided. You may review a Privacy Act in the FOR FURTHER INFORMATION www.astorneworleans.com. notice regarding our public dockets in CONTACT section above.

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Agenda Credentialing Program, as it Relates to A copy of all meeting documentation the National Maritime Center; is available at http://homeport.uscg.mil/ Day 1 (c) Task Statement 76, Review of merpac. The agenda for the March 18, 2015, Performance Measures (Assessment Dated: March 3, 2015. meeting is as follows: Criteria); J.G. Lantz, (1) The full Committee will meet (d) Task Statement 77, Development briefly to discuss the working groups’ of Performance Measures (Assessment Director of Commercial Regulations and Standards. business/task statements, which are Criteria); listed under paragraph 2(a)–(d) below. (e) Task Statement 78, Consideration [FR Doc. 2015–05368 Filed 3–5–15; 8:45 am] (2) Working groups will address the of the International Labour BILLING CODE 9110–04–P following task statements which are Organization’s Maritime Labour available for viewing at http://homeport. Convention, 2006; uscg.mil/merpac: (f) Task Statement 80, Develop DEPARTMENT OF HOMELAND (a) Task Statement 30, Utilizing training guidelines for mariners SECURITY Military Education, Training and employed aboard vessels subject to the Coast Guard Assessment for the International IGF Code; Convention on Standards of Training, (g) Task Statement 81, Development [Docket No. USCG–2011–0138] Certification and Watchkeeping for of Competency Requirements for Vessel Seafarers (STCW) and U.S. Coast Guard Personnel Working Within the Polar Merchant Mariner Medical Advisory Certifications; Regions; Committee (b) Task Statement 58, (h) Task Statement 84, Correction of AGENCY: Coast Guard, Department of Communication between External Merchant Mariner Credentials issued Homeland Security. Stakeholders and the Mariner with Clear Errors; and ACTION: Notice of Federal Advisory Credentialing Program, as it Relates to (i) Task Statement 87, Review of Committee Meeting. the National Maritime Center; Policy Documents Providing Guidance (c) Task Statement 84, Correction of on the Implementation of the December SUMMARY: The Merchant Mariner Merchant Mariner Credentials issued 24, 2013 International Convention on Medical Advisory Committee will meet with Clear Errors; and Standards of Training, Certification and to discuss matters relating to medical (d) Task Statement 87, Review of Watchkeeping and Changes to National certification determinations for issuance Policy Documents Providing Guidance Endorsements Rulemaking. of licenses, certificates of registry, on the Implementation of the December (6) Other items for discussion: merchant mariners’ documents, medical 24, 2013 International Convention on (a) Report on the Implementation of standards and guidelines for the Standards of Training, Certification and the 2010 Amendments to the physical qualifications of operators of Watchkeeping and Changes to National International Convention on Standards commercial vessels, medical examiner Endorsements Rulemaking. of Training, Certification and education, and medical research. The (3) Public comment period. Watchkeeping; meeting will be open to the public. (4) Reports of working groups. At the (b) Report on National Maritime DATES: The Merchant Mariner Medical end of the day, the working groups will Center activities from the National Advisory Committee is scheduled to report to the full Committee on what Maritime Center Commanding Officer, meet on Monday, March 16 and was accomplished in their meetings. such as the net processing time it takes Tuesday, March 17, 2015, from 8 a.m. to The full Committee will not take action for mariners to receive their credentials 5 p.m. Please note that the meeting may on these reports on this date. Any after application submittal; close early if the committee has official action taken as a result of this (c) Report on Mariner Credentialing completed its business. This meeting working group meeting will be taken on Program Policy Division activities, such will be held as scheduled subject to the day 2 of the meeting. as its current initiatives and projects; availability of funds. Anyone interested (5) Adjournment of meeting. (d) Report on International Maritime Organization (IMO)/International Labor in attending this meeting may want to Day 2 Organization (ILO) issues related to the contact the Coast Guard before making The agenda for the March 19, 2015, merchant marine industry; and their travel and hotel reservations. full Committee meeting is as follows: (e) Briefings about on-going Coast Please contact Lieutenant Ashley Holm, (1) Introduction; Guard projects related to personnel in Alternate Designated Federal Officer for (2) Remarks from Coast Guard the U.S. merchant marine, including a the Merchant Mariner Medical Advisory Leadership; draft task statement concerning job Committee, to confirm that the meeting (3) Designated Federal Officer descriptions for the various billets on will be held on these dates or if the announcements; merchant vessels. meeting has been re-scheduled. All (4) Roll call of Committee members (7) Public comment period. submitted written materials, comments, and determination of a quorum; (8) Discussion of working group and requests to make oral presentations (5) Reports from the following recommendations. The Committee will at the meeting should reach Lieutenant working groups; review the information presented on Ashley Holm no later than March 13, (a) Task Statement 30, Utilizing each issue, deliberate on any 2015. For contact information, please Military Education, Training and recommendations presented by the see the FOR FURTHER INFORMATION Assessment for the International working groups and approve/formulate CONTACT section below. Any written Convention on Standards of Training, recommendations for the Department’s material submitted by the public both Certification and Watchkeeping for consideration. Official action on these before and after the meeting will be Seafarers (STCW) and U.S. Coast Guard recommendations may be taken on this distributed to the Merchant Mariner Certifications; date. Medical Advisory Committee and (b) Task Statement 58, (9) Closing remarks/plans for next become part of the public record. Communication between External meeting. ADDRESSES: The meeting will be held at Stakeholders and the Mariner (10) Adjournment of meeting. the Astor Crowne Plaza Hotel, St.

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Charles Ballroom B, 739 Canal Street at • Hand delivery: Same as mail Committees; MEDMAC and then use the Bourbon, New Orleans, LA 70130 address above, between 9 a.m. and 5 announcements key. Alternatively, you (www.astorneworleans.com). For further p.m., Monday through Friday, except may contact Lieutenant Ashley Holm as information about the hotel facilities, Federal Holidays. The telephone noted in the FOR FURTHER INFORMATION please contact the front desk at (504) number is 202–366–9329. CONTACT section above. 962–0500. Instructions: All submissions must Agenda: For information on services for include the words ‘‘Department of individuals with disabilities or to Homeland Security’’ and the docket Day 1 request special assistance at the number for this action. All comments meeting, contact the individual listed in submitted will be posted without The agenda for the March 16, 2015 meeting is as follows: the FOR FURTHER INFORMATION CONTACT alteration at http://www.regulations.gov, section as soon as possible. For including any personal information (1) Opening remarks from Coast planning purposes, please notify the provided. You may review a Privacy Act Guard leadership. Merchant Mariner Medical Advisory notice regarding our public dockets in (2) Opening remarks from the Committee Alternate Designated Federal the January 17, 2008, issue of the Designated Federal Officer. Federal Register (73 FR 3316). Officer of your attendance as soon as (3) Roll call of committee members Docket: For access to the docket to possible. and determination of a quorum. Hotel Reservations: A block of rooms read documents or comments related to have been reserved at a group rate from this Notice, go to http:// (4) Review of last full committee Sunday, March 15 through Wednesday, www.regulations.gov, insert USCG– meeting’s minutes. March 18, 2015 at the Astor Crowne 2011–0138 in the ‘‘SEARCH’’ box, press (5) Public comments. Plaza Hotel for the Merchant Mariner Enter and then click on the item you (6) Introduction of new task(s). Medical Advisory Committee meeting wish to view. (7) Working Groups addressing the attendees. Availability is limited. To A public comment period will be held following task statements may meet to make a reservation please visit the on March 16, 2015, from approximately deliberate— following Web site: https://aws.passkey. 11 a.m.–11:30 a.m. Speakers are com/event/12834543/owner/10756/ requested to limit their comments to 5 (a) Task Statement 1, Revision of landing. Select ‘‘attendee’’ from the minutes. Please note that the public Navigation and Vessel Inspection dropdown menu. comment period may end before the Circular 04–08. The Navigation and If you plan on attending the Merchant time indicated, following the last call Vessel Inspection Circular can be found Marine Personnel Advisory Committee for comments. Additionally, public at http://www.uscg.mil/hq/cg5/nvic/, meeting being held March 18–19, 2015 comment will be sought throughout the Medical and Physical Guidelines for following the Merchant Mariner meeting as specific issues are discussed Merchant Mariner Credentials. Medical Advisory Committee, a separate by the committee. Contact Lieutenant (b) The Committee will receive new hotel reservation will need to be made Ashley Holm as indicated below to task statements from the Coast Guard, under a different block. To make a register as a speaker. review the information presented on reservation for the Merchant Marine FOR FURTHER INFORMATION CONTACT: each issue, deliberate and formulate Personnel Advisory Committee meeting Lieutenant Ashley Holm, Alternate recommendations for the Department’s please visit the following Web site: Designated Federal Officer for the consideration. https://aws.passkey.com/event/ Merchant Mariner Medical Advisory (8) Adjournment of meeting. 12834866/owner/10756/home. To Committee, at telephone 202–372–1128 secure the group rate, reservations or email [email protected]. If you Day 2 have any questions on viewing or under both committee blocks must be The agenda for the March 17, 2015 submitting material to the docket, call made no later than March 13, 2015. meeting is as follows: To facilitate public participation, we Ms. Cheryl Collins, Program Manager, are inviting public comment on the Docket Operations, telephone 202–366– (1) Continue work on Task issues to be considered by the 9826 or 1–800–647–5527. Statements. committee as listed in the ‘‘Agenda’’ SUPPLEMENTARY INFORMATION: Notice of (2) By mid-afternoon, the Working section below. Written comments must this meeting is given under the Federal Groups will report, and if applicable, be submitted no later than March 13, Advisory Committee Act, 5 United make recommendations for the full 2015, in order for committee members States Code Appendix. The Merchant committee to consider for presentation to review comments before the meeting, Mariner Medical Advisory Committee to the Coast Guard. The committee may and must be identified by docket Meeting is authorized by 46 United vote on the working group’s number USCG–2011–0138 and States Code 7115 and advises the recommendations on this date. The submitted by one of the following Secretary on matters related to (a) public will have an opportunity to methods: medical certification determinations for speak after each Working Group’s • Federal eRulemaking Portal: http:// issuance of licenses, certificates of Report before the full committee takes www.regulations.gov. Follow the registry, and merchant mariners’ any action on each report. instructions for submitting comments documents; (b) medical standards and (3) Closing remarks/plans for next (preferred method to avoid delays in guidelines for the physical meeting. processing). qualifications of operators of (4) Adjournment of Meeting. • Fax: 202–493–2251. commercial vessels; (c) medical • Mail: Docket Management Facility examiner education; and (d) medical Dated: March 3, 2015. (M–30), U.S. Department of research. P.F. Thomas, Transportation, West Building Ground A copy of all meeting documentation Assistant Commandant for Prevention Policy, Floor, Room W12–140, 1200 New Jersey is available at https://homeport.uscg.mil United States Coast Guard. Avenue SE., Washington, DC 20590– by using these key strokes: Missions; [FR Doc. 2015–05369 Filed 3–5–15; 8:45 am] 0001. Port and Waterways; Safety Advisory BILLING CODE 9110–04–P

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DEPARTMENT OF HOUSING AND DC 20503; fax: 202–395–5806. Email: OMB Approval Number: 2577–New. URBAN DEVELOPMENT [email protected]. Type of Request: New collection. [Docket No. FR–5831–N–13] FOR FURTHER INFORMATION CONTACT: Form Number: N/A Colette Pollard, Reports Management Description of the need for the 30-Day Notice of Proposed Information Officer, QDAM, Department of Housing information and proposed use: The Collection: Re-entry Assistance and Urban Development, 451 7th Street Reentry Assistance Program Information Program SW., Washington, DC 20410; email at Collection represents a new information Colette [email protected] or telephone request. The OMB approval number for AGENCY: Office of the Chief Information 202–402–3400. Persons with hearing or this collection is pending. The Officer, HUD. speech impairments may access this information provided by the eligible ACTION: Notice. number through TTY by calling the toll- applicants will be reviewed and free Federal Relay Service at (800) 877– evaluated by HUD. The information to SUMMARY: HUD has submitted the 8339. This is not a toll-free number. be collected by HUD will be used to proposed information collection Copies of available documents preliminarily rate applications, to requirement described below to the submitted to OMB may be obtained determine eligibility for the Reentry Office of Management and Budget from Ms. Pollard. Assistance Program Grant Competition (OMB) for review, in accordance with and to establish grant amounts. The the Paperwork Reduction Act. The SUPPLEMENTARY INFORMATION: This Reentry Assistance Program Grant purpose of this notice is to allow for an notice informs the public that HUD has Competition Application will be used to additional 30 days of public comment. submitted to OMB a request for approval of the information collection determine eligibility and funding for DATES: Comments Due Date: April 6, described in Section A. recipients. Respondents of this 2015. The Federal Register notice that information collection will be public ADDRESSES: Interested persons are solicited public comment on the housing agencies and/or their partners. invited to submit comments regarding information collection for a period of 60 Forms for this information collection are this proposal. Comments should refer to days was published on December 31, under development, however it is the proposal by name and/or OMB 2014 at 79 FR 78897. anticipated that applicants will provide Control Number and should be sent to: quantitative and qualitative data as well HUD Desk Officer, Office of A. Overview of Information Collection as narrative information for evaluation. Management and Budget, New Title of Information Collection: Re- Respondents (i.e. affected public): Executive Office Building, Washington, entry Assistance Program. State, Local or Tribal Government.

Number of Total annual Hours per Form respondents Response/year responses response Total hours

SF424-Application for Federal Assistance ...... 2,500 1 2,500 0.5 1,250 SF425-Federal Financial Report ...... 200 1 200 1.0 200 HUD 96011—Facsimile Transmittal (OMB No. 2535–0118) 200 1 200 1.0 200 Reentry Assistance Application—Narrative (Strategy, Ap- proach, Match, Budget) ...... 200 1 200 80.0 16,000 HUD 96010—Logic Model (OMB No. 2535–0114) ...... 200 1 200 40.0 8,000 HUD2991 (Certification of Consistency with the Consoli- dated Plan (OMB No. 2506–0112) ...... 200 1 200 1.0 200 Partnership Agreement between PHA and partners ...... 200 1 200 40.0 8,000

Subtotal Application: ...... 163.5 33,850 HUD–1044—Grant Agreement ...... 17.0 1.0 17.0 1.0 17 Quarterly Performance Report (Narrative and Data) ...... 17.0 4.0 68.0 4.0 272 HUD27061 Race and Ethnic Data ...... 17.0 1.0 17.0 2.0 34

Subtotal (Program Reporting/Recordkeeping ...... 7.0 323

Total Burden ...... 170.5 34,173

B. Solicitation of Public Comment (3) Ways to enhance the quality, Dated: February 27, 2015. utility, and clarity of the information to Colette Pollard, This notice is soliciting comments be collected; and Department Reports Management Officer, from members of the public and affected (4) Ways to minimize the burden of Office of the Chief Information Officer. parties concerning the collection of the collection of information on those [FR Doc. 2015–05283 Filed 3–5–15; 8:45 am] information described in section A on who are to respond; including through the following: BILLING CODE 4210–67–P the use of appropriate automated (1) Whether the proposed collection collection techniques or other forms of of information is necessary for the information technology, e.g., permitting proper performance of the functions of electronic submission of responses. the agency, including whether the HUD encourages interested parties to information will have practical utility; submit comment in response to these (2) The accuracy of the agency’s questions. estimate of the burden of the proposed Authority: Section 3507 of the Paperwork collection of information; Reduction Act of 1995, 44 U.S.C. chapter 35.

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DEPARTMENT OF HOUSING AND purpose of this notice is to allow for an individual’s inspection skills and URBAN DEVELOPMENT additional 30 days of public comment. abilities. As part of aligning REAC inspections, state Housing Finance [Docket No. FR–5828–N–10] DATES: Comments Due Date: April 6, 2015. Agencies may also fill out the form for informational purposes only. Federal Property Suitable as Facilities ADDRESSES: Interested persons are Respondents: Applicants to the UPCS To Assist the Homeless invited to submit comments regarding inspector certification program and state this proposal. Comments should refer to AGENCY: Office of the Assistant HFA staff. Secretary for Community Planning and the proposal by name and/or OMB Estimated Number of Respondents: Development, HUD. Control Number and should be sent to: 605. HUD Desk Officer, Office of ACTION: Notice. Estimated Number of Responses: 605. Management and Budget, New Frequency of Response: To apply to SUMMARY: This Notice identifies Executive Office Building, Washington, UPCS training. unutilized, underutilized, excess, and DC 20503; fax: 202–395–5806. Email: Average Hours per Response: 15 to 20 _ surplus Federal property reviewed by OIRA [email protected]. minutes depending on the respondent. HUD for suitability for possible use to FOR FURTHER INFORMATION CONTACT: Total Estimated Burdens: 192 hours. assist the homeless. Colette Pollard, Reports Management B. Solicitation of Public Comment FOR FURTHER INFORMATION CONTACT: Officer, QDAM, Department of Housing This notice is soliciting comments Juanita Perry, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410; email at from members of the public and affected and Urban Development, 451 Seventh parties concerning the collection of Street SW., Room 7262, Washington, DC [email protected] or telephone 202–402–3400. Persons with hearing or information described in section A on 20410; telephone (202) 402–3970; TTY the following: number for the hearing- and speech- speech impairments may access this number through TTY by calling the toll- (1) Whether the proposed collection impaired (202) 708–2565, (these of information is necessary for the telephone numbers are not toll-free), or free Federal Relay Service at (800) 877– 8339. This is not a toll-free number. proper performance of the functions of call the toll-free Title V information line the agency, including whether the at 800–927–7588. Copies of available documents submitted to OMB may be obtained information will have practical utility; SUPPLEMENTARY INFORMATION: In from Ms. Pollard. (2) The accuracy of the agency’s accordance with the December 12, 1988 estimate of the burden of the proposed SUPPLEMENTARY INFORMATION: This court order in National Coalition for the collection of information; Homeless v. Veterans Administration, notice informs the public that HUD has (3) Ways to enhance the quality, No. 88–2503–OG (D.D.C.), HUD submitted to OMB a request for utility, and clarity of the information to publishes a Notice, on a weekly basis, approval of the information collection be collected; and identifying unutilized, underutilized, described in section A. (4) Ways to minimize the burden of excess and surplus Federal buildings The Federal Register notice that the collection of information on those and real property that HUD has solicited public comment on the who are to respond; including through reviewed for suitability for use to assist information collection for a period of 60 the use of appropriate automated the homeless. Today’s Notice is for the days was published on December 31, collection techniques or other forms of purpose of announcing that no 2014 at 79 FR 78899. information technology, e.g., permitting additional properties have been A. Overview of Information Collection electronic submission of responses. HUD encourages interested parties to determined suitable or unsuitable this Title of Information Collection: submit comment in response to these week. Inspector Candidate Assessment questions. Dated: February 26, 2015. Questionnaire. Brian P. Fitzmaurice, OMB Approval Number: 2577–0243. Authority: Section 3507 of the Paperwork Director, Division of Community Assistance, Type of Request: Revision of a Reduction Act of 1995, 44 U.S.C. chapter 35. Office of Special Needs Assistance Programs. currently approved collection. Dated: February 27, 2015. [FR Doc. 2015–05062 Filed 3–5–15; 8:45 am] Form Number: Form HUD 50002A Colette Pollard, and Form HUD 50002B–HFA BILLING CODE 4210–67–P Department Reports Management Officer, Description of the need for the Office of the Chief Information Officer. information and proposed use: To meet the requirements of the Uniform [FR Doc. 2015–05284 Filed 3–5–15; 8:45 am] DEPARTMENT OF HOUSING AND BILLING CODE 4210–67–P URBAN DEVELOPMENT Physical Condition Standards (UPCS), the Physical Condition of Multifamily [Docket No. FR–5831–N–14] Properties and the Public Housing DEPARTMENT OF HOUSING AND Assessment System (PHAS) rules, the 30-Day Notice of Proposed Information URBAN DEVELOPMENT Department conducts physical Collection: Inspector Candidate condition inspections of approximately [Docket No. FR–5831–N–12] Assessment Questionnaire 14,000 multifamily and public housing 30-Day Notice of Proposed Information AGENCY: Office of the Chief Information properties annually. To conduct these Collection: Application for Resident Officer, HUD. inspections, HUD uses contract Opportunity & Self Sufficiency (ROSS) ACTION: Notice. inspectors that are trained and certified in the Uniform Physical Condition Grant Forms SUMMARY: HUD has submitted the Standards protocol by HUD. Individuals AGENCY: Office of the Chief Information proposed information collection who wish to be trained and certified by Officer, HUD. requirement described below to the HUD are requested to electronically ACTION: Notice. Office of Management and Budget submit the questionnaire via the (OMB) for review, in accordance with Internet. The questionnaire provides SUMMARY: HUD has submitted the the Paperwork Reduction Act. The HUD with basic knowledge of an proposed information collection

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requirement described below to the COORDINATORS—NEEDS and DEPARTMENT OF HOUSING AND Office of Management and Budget SERVICE PARTNERS). The FSS URBAN DEVELOPMENT (OMB) for review, in accordance with Funding Request form (Form 52651) the Paperwork Reduction Act. The was removed from the collection. [Docket No. FR–5830–N–01] purpose of this notice is to allow for an Description of the need for the 60-Day Notice of Proposed Information additional 30 days of public comment. information and proposed use: The Collection; Production of Material or DATES: Comments Due Date: April 6, forms are used to evaluate capacity and Provision of Testimony by HUD in 2015. eligibility of applicants to the ROSS Response to Demands in Legal ADDRESSES: Interested persons are program. Proceedings Among Private Litigants invited to submit comments regarding Respondents (i.e. affected public): this proposal. Comments should refer to AGENCY: Office of the General Counsel, Public Housing Authorities, tribes/ the proposal by name and/or OMB HUD. TDHEs, public housing resident Control Number and should be sent to: ACTION: Notice. HUD Desk Officer, Office of associations, and nonprofit Management and Budget, New organizations. SUMMARY: HUD is seeking approval from Executive Office Building, Washington, Estimated Number of Respondents: the Office of Management and Budget DC 20503; fax: 202–395–5806. Email: 400. (OMB) for the information collection [email protected]. described below. In accordance with the Estimated Number of Responses: 400. Paperwork Reduction Act, HUD is FOR FURTHER INFORMATION CONTACT: Frequency of Response: 1. requesting comment from all interested Colette Pollard, Reports Management parties on the proposed collection of Officer, QDAM, Department of Housing Average Hours per Response: .5.5 information. The purpose of this notice and Urban Development, 451 7th Street hours. is to allow for 60 days of public SW., Washington, DC 20410; email at Total Estimated Burdens: 2,200. comment. [email protected] or telephone 202–402–3400. Persons with hearing or B. Solicitation of Public Comment DATES: Comments Due Date: May 5, speech impairments may access this 2015. This notice is soliciting comments number through TTY by calling the toll- from members of the public and affected ADDRESSES: Interested persons are free Federal Relay Service at (800) 877– parties concerning the collection of invited to submit comments regarding 8339. This is not a toll-free number. this proposal. Comments should refer to Copies of available documents information described in Section A on the following: the proposal by name and/or OMB submitted to OMB may be obtained Control Number and should be sent to: from Ms. Pollard. (1) Whether the proposed collection Colette Pollard, Reports Management SUPPLEMENTARY INFORMATION: This of information is necessary for the Officer, QDAM, Department of Housing notice informs the public that HUD has proper performance of the functions of and Urban Development, 451 7th Street submitted to OMB a request for the agency, including whether the SW., Room 4176, Washington, DC approval of the information collection information will have practical utility; 20410–5000; telephone 202–402–3400 described in Section A. (2) The accuracy of the agency’s (this is not a toll-free number) or email The Federal Register notice that estimate of the burden of the proposed at [email protected] for a copy of solicited public comment on the collection of information; the proposed forms or other available information collection for a period of 60 information. Persons with hearing or (3) Ways to enhance the quality, days was published on December 31, speech impairments may access this 2014 at 79 FR 78898. utility, and clarity of the information to number through TTY by calling the toll- be collected; and A. Overview of Information Collection free Federal Relay Service at (800) 877– (4) Ways to minimize the burden of 8339. Title of Information Collection: the collection of information on those FOR FURTHER INFORMATION CONTACT: Application for the Resident who are to respond; including through Opportunities and Self Sufficiency Allen Villafuerte, Managing Attorney, the use of appropriate automated (ROSS) Grant Forms. Office of Litigation, Office of General OMB Approval Number: 2577–0229. collection techniques or other forms of Counsel, Department of Housing and Type of Request: Revision of currently information technology, e.g., permitting Urban Development, 451 7th Street SW., approved collection. electronic submission of responses. Room 10258, Washington, DC 20410– Form Number: HUD 52752; HUD HUD encourages interested parties to 0500, telephone (202 708–0300) (this is 52753; HUD–52754, HUD–52755; HUD– submit comment in response to these not a toll-free number). 57268; HUD–52769; HUD–96010; SF– questions. SUPPLEMENTARY INFORMATION: This 424; HUD–2880; HUD–2990; HUD– notice informs the public that HUD is 2991; SF–LLL, HUD–2993, HUD–2994– Authority: Section 3507 of the Paperwork seeking approval from OMB for the Reduction Act of 1995, 44 U.S.C. Chapter 35. A. information collection described in Revision is being requested Dated: February 27, 2015. Section A. specifically for two forms: the HUD Colette Pollard, A. Overview of Information Collection form 52768 (ROSS SERVICE Department Reports Management Officer, COORDINATORS—FUNDING Office of the Chief Information Officer. Title of Information Collection: REQUEST) has been revised to add [FR Doc. 2015–05272 Filed 3–5–15; 8:45 am] Production of Material or Provision of clarifying questions regarding two Testimony in Response to Demands in application types: resident associations BILLING CODE 4210–67–P Legal Proceedings Among Private and nonprofit organizations and the Litigants. form has been somewhat reformatted. OMB Approval Number: The OMB Minor formatting changes were made to number will be change from 2501–0022 the HUD form 52769 (ROSS SERVICE to 2510-Pending.

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Type of Request: Reinstatement of from the Department should be made. Members of affected public: All types collection. Providing the information specified in of entities, private and non-profit Form Number: None. Please see 24 24 CFR 15.203 allows the Department to organizations, individuals and CFR 15.203. more promptly identify documents and households. Description of the need for the testimony which a requestor may be Estimation of the total numbers of information and proposed use: seeking and determine whether the hours needed to prepare the information Section 15.203 of HUD’s regulations Department should produce such collection including number of in 24 CFR specify the manner in which documents and testimony. respondents, frequency of response, and demands for documents and testimony hours of response:

Number of Frequency of Hours per Total burden respondents response response hours

106 ...... 1 1.5 159

B. Solicitation of Public Comment SUMMARY: This notice publishes the certify and publish in the Federal This notice is soliciting comments technical amendment to the Salt River Register notice of adopted liquor from members of the public and affected Pima-Maricopa Indian Community ordinances for the purpose of regulating parties concerning the collection of Alcoholic Beverage Control Ordinance, liquor transactions in Indian country. information described in Section A on Chapter 14, Salt River Pima-Maricopa The Salt River Pima-Maricopa Indian the following: Indian Community Code of Ordinances, Community adopted this amendment to (1) Whether the proposed collection to clarify the authority of the the Salt River Pima-Maricopa Indian of information is necessary for the Community Regulatory Agency to share Alcohol Beverage Control Ordinance, proper performance of the functions of information with the Arizona Chapter 14 of the Salt River Pima- the agency, including whether the Department of Safety and the Federal Maricopa Indian Community Code of information will have practical utility; Bureau of Investigation for the purpose Ordinances by Ordinance Number: (2) The accuracy of the agency’s of conducting criminal background SRO–439–2014 on March 5, 2014. checks on liquor license applicants and estimate of the burden of the proposed This notice is published in collection of information; holders. The amended Salt River Pima- Maricopa Indian Alcohol Beverage accordance with the authority delegated (3) Ways to enhance the quality, by the Secretary of the Interior to the utility, and clarity of the information to Control Ordinance, Chapter 14 of the Assistant Secretary—Indian Affairs. I be collected; and Salt River Pima-Maricopa Indian certify that the Community Council (4) Ways to minimize the burden of Community Code of Ordinances was the collection of information on those last published in the Federal Register duly adopted this amendment to the who are to respond; including through on July 13, 2010 (75 FR 39960). Sections Salt River Pima-Maricopa Indian the use of appropriate automated 14–5(c)(4), 14–9(g), 14–18(o) and (t) of Alcohol Beverage Control Ordinance, collection techniques or other forms of the Salt River Pima-Maricopa Indian Chapter 14 of the Salt River Pima- information technology, e.g., permitting Community Code of Ordinances were Maricopa Indian Community Code of electronic submission of responses. repealed and replaced in their entirety, Ordinances on March 5, 2014. HUD encourages interested parties to and a new Section 14–12, was added via publication in the Federal Register on Dated: February 24, 2015. submit comment in response to these Kevin K. Washburn, questions. July 24, 2013 (78 FR 44590). Section 14– 5(b) of the Salt River Pima-Maricopa Assistant Secretary—Indian Affairs. Authority: Section 3507 of the Paperwork Indian Community Code of Ordinances Reduction Act of 1995, 44 U.S.C. Chapter 35. The amendment to the Salt River shall be amended to include Section 14– Pima-Maricopa Indian Alcohol Beverage Dated: March 2, 2015. 5(b)(9). Control Ordinance, Chapter 14 of the Camille E. Acevedo, DATES: This Amendment is effective 30 Salt River Pima-Maricopa Indian Associate General Counsel for Legislation and days after March 6, 2015. Community Code of Ordinances reads Regulations. FOR FURTHER INFORMATION CONTACT: Ms. as follows: [FR Doc. 2015–05106 Filed 3–5–15; 8:45 am] Sharlot Johnson, Tribal Government Section 14–5(b) of the Community Code of BILLING CODE 4210–67–P Services Officer, Western Regional Office, Bureau of Indian Affairs, 2600 Ordinances shall be amended to include a North Central Avenue, Phoenix, Arizona clarifying provision at 14–5(b)(9) at the end of that subsection, which shall be enacted: 85004, Phone: (602) 379–6786; Fax: DEPARTMENT OF THE INTERIOR Sec. 14–5(b)(9) (602) 379–4100; or Ms. Laurel Iron (9) To conduct a state and federal criminal Cloud, Chief, Division of Tribal Bureau of Indian Affairs history check pursuant to Arizona Revised Government Services, Office of Indian Statute 41–1750 and Public Law 92–544 on [145A21000DDAAK3000000/ Services, Bureau of Indian Affairs, 1849 all applicants for a license under this ADT00000.00000] C Street NW., MS–4513–MIB, Chapter; and that all applicants must submit Washington, DC 20240; Telephone (202) Salt River Pima-Maricopa Indian a full set of fingerprints to the Office who 513–7641. shall submit the fingerprints to the Arizona Community—Amendment to Alcoholic SUPPLEMENTARY INFORMATION: Pursuant Beverage Control Ordinance Department of Public Safety, who may then to the Act of August 15, 1953, Public exchange the fingerprint data with the AGENCY: Bureau of Indian Affairs, Law 83–277, 67 Stat. 586, 18 U.S.C. Federal Bureau of Investigation. Interior. 1161, as interpreted by the Supreme [FR Doc. 2015–05206 Filed 3–5–15; 8:45 am] Court in Rice v. Rehner, 463 U.S. 713 ACTION: Notice. BILLING CODE 4310–4J–P (1983), the Secretary of the Interior shall

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DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: Edy WEMO Planning Area, an associated Seehafer, WMRNP Manager, telephone travel management framework, and Bureau of Land Management 760–252–6021; address 2601 Barstow activity-plan level route designations [LLCAD08000.L12200000.DS0000. Road, Barstow, CA 92311; email and implementation strategies. The 15XL1109AF.LXSSB0010000] [email protected]. Persons who use a lands covered in the WMRNP are those telecommunications device for the deaf that are within livestock grazing Notice of Availability of the Draft (TDD) may call the Federal Information allotments or designated as ‘‘Limited’’ to Supplemental Environmental Impact Relay Service (FIRS) at 1–800–877–8339 designated routes for motorized access. Statement and Draft Plan Amendment to contact the above individual during Areas ‘‘Closed’’ to motorized access are to the California Desert Conservation normal business hours. The FIRS is not proposed for change in this plan Area Plan in the West Mojave Planning available 24 hours a day, 7 days a week, amendment, and are not within the Area, Inyo, Kern, Los Angeles and San to leave a message or question with the scope of the planning effort. Bernardino Counties, CA above individual. You will receive a The 9.4 million-acre WEMO Planning reply during normal business hours. Area includes several large Department AGENCY: Bureau of Land Management, Interior. SUPPLEMENTARY INFORMATION: The West of Defense facilities covering almost 3 Mojave Route Network Project million acres, a portion of one National ACTION: Notice. (WMRNP) will adopt transportation and Park, 3 million acres of private lands, SUMMARY: In accordance with the travel strategy and designate routes on and approximately 100,000 acres of National Environmental Policy Act of public lands in the WEMO Planning State lands, including Red Rock Canyon 1969, as amended, and the Federal Land Area. The WEMO Planning Area covers State Park. The planning area is also Policy and Management Act of 1976, as 9.4 million acres of the CDCA in the adjacent to three other National Parks/ amended, the Bureau of Land western portion of the Mojave Desert in Preserves and four National Forests. Management (BLM) has prepared a Draft southern California, including parts of Much of the planning area is managed Land Use Plan Amendment and Draft San Bernardino, Los Angeles, Kern, and as part of the BLM’s National Landscape Supplemental Environmental Impact Inyo Counties. The WMRNP applies to Conservation System, including 18 Statement (SEIS) for the West Mojave the 3.1 million acres of public lands wilderness areas, three wilderness study Route Network Project (WMRNP) for the within the WEMO Planning Area. In areas and portions of the Pacific Crest West Mojave (WEMO) Planning Area of March, 2006, the BLM signed the Trail and the Old Spanish National the California Desert Conservation Area Record of Decision (ROD) for the WEMO Historic Trail. The planning area also (CDCA) and by this notice is Plan/Amendment to the CDCA Plan. In includes 41 Areas of Critical announcing the opening of the comment January 2011, the U.S. District Court for Environmental Concern (ACECs), seven period. the Northern District of California National Register Archaeological or DATES: To ensure that comments will be partially remanded the 2006 WEMO Historic Districts, and four Critical considered, the BLM must receive Plan Amendment ROD to the BLM and Habitat Units for the federally-listed written comments on the Draft Land Use directed the BLM to amend the CDCA desert tortoise. Four of the ACECs were Plan Amendment/Draft Supplemental Plan for travel management and established as Desert Wildlife EIS within 90 days following the date reconsider route designation throughout Management Areas (DWMAs), covering the Environmental Protection Agency the WEMO Planning Area, as well as most of the desert tortoise critical publishes its notice of the Draft Land other specified issues in the 2006 habitat units, for the express purpose of Use Plan Amendment/Draft SEIS in the WEMO Plan (Center for Biological conservation of desert tortoise. Federal Register. The BLM will Diversity v. US Bureau of Land The planning area also includes eight announce future meetings or hearings Management Order Re: Remedy [N.D. OHV Open Areas covering 271,661 and any other public participation Cal. Jan 28, 2011]). The Court’s decision acres. No changes are proposed to these activities at least 15 days in advance identified issues with (1) the OHV Open Areas or their boundaries; through public notices, media releases, invalidation of the ‘‘decision tree’’ however, the OHV Open Areas provide and/or mailings. instrument used to evaluate and major points of ingress to and egress ADDRESSES: You may submit comments designate routes, (2) the authorization of from adjacent areas ‘‘Limited’’ to related to the WMRNP by any of the OHV routes that were not in existence designated routes access public lands. following methods: in 1980, which was inconsistent with The BLM used a public scoping • Web site: http://www.blm.gov/ca/st/ the governing land use plan, (3) the lack process to determine relevant issues, en/fo/cdd/west_mojave__wemo.html. of a reasonable range of alternatives to impacts, and possible alternatives that • Email: [email protected]. the proposed action, including an could influence the scope of the • Fax: 951–697–5299; Attn: WMRNP inadequate discussion of the No Action environmental analysis, and to help Plan Amendment. alternative, and (4) the inadequate guide the agency from plan level • Mail: Bureau of land Management, analysis of impacts from the route decision-making to route designation in California Desert District, Attn: WMRNP network and the grazing program to order to comply with the court order. Plan Amendment, 22835 Calle San Juan specific resource values, including soils, The public raised the following de Los Lagos, Moreno Valley, CA 92553 cultural resources, certain biological transportation and travel management Copies of the WMRNP Draft Plan resources, and air quality. concerns: Amendment and Draft Supplemental On September 13, 2011, the BLM • The need for a good inventory and EIS are available in the California Desert issued a Notice of Intent (amended May accurate information related to the District Office at the above address; the 13, 2013), inviting comments on the existing environment; Ridgecrest Field Office, 300 S. proposed scope and content of the • Richmond Rd., Ridgecrest, CA 93555; WMRNP. The WMRNP includes a land- documentation and use of the and the Barstow Field Office, 2601 use plan amendment to the California regulatory criteria for route Barstow Road, Barstow CA 92311. Desert Conservation Area (CDCA) Plan minimization; Copies are also available online at the for Livestock Grazing, Recreation, and • mitigation for loss of access; above address. Motor Vehicle Access Elements for the • sensitive resource protection;

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• maintenance of access for various evaluated, including a No Action Authority: 40 CFR 1506.6, 40 CFR 1506.10, types of recreational, scientific and alternative. 43 CFR 1610.2. other uses; Finally, the Draft includes activity- Thomas Pogacnik, • access to private lands; • trespass; level specific route designation Deputy State Director, Natural Resources. • regional connectivity; alternatives, based on the 43CFR 8342.1 [FR Doc. 2015–05127 Filed 3–5–15; 8:45 am] • improving GIS and on-the-ground criteria and different thresholds for BILLING CODE 4310–40–P information for the public; and minimization or closure. The preferred • other implementation strategies alternative would designate such as signing, monitoring and law approximately 10,300 miles of routes DEPARTMENT OF THE INTERIOR enforcement. within the WEMO Planning Area as Bureau of Land Management In addition, a substantial number of available for motorized use, comments indicated issues and needs approximately130 miles of routes would [CACA 049397, LLCAD06000. associated with specific routes and be available for either non-motorized or L51010000.ER0000.LVRWB09B2920.15X] route areas in the WEMO transportation non-mechanized use, and Notice of Intent To Prepare an system, and included recommendations approximately 4,400 miles of routes Environmental Impact Statement for on the designation of specific routes. A would be closed. few comments were also received on the Desert Quartzite Solar Project and grazing issues and the scope of the The preferred alternative also a Possible Amendment to the supplemental grazing program analysis. includes a regional mitigation strategy California Desert Conservation Area In response to court concerns and on- that would limit the extent of off-route Plan, Riverside County, California the-ground changes since 2006, NEPA stopping and parking throughout the considerations focused on cumulative planning area to minimize impacts to AGENCY: Bureau of Land Management, effects of the transportation system undisturbed habitat, enhance Interior. alternatives to resource values, watersheds, and protect adjacent ACTION: Notice of intent. particularly air quality, soils, cultural sensitive resources. Other measures are SUMMARY: resources, certain biological resources, In compliance with the based on proximity to sensitive National Environmental Policy Act of and certain sensitive species, resources, such as riparian systems, that cumulative effects of grazing, and 1969, as amended (NEPA), and the would enhance these resources Federal Land Policy and Management potential cumulative loss of recreational throughout the planning area. access opportunities. In response to Act of 1976, as amended (FLPMA), the public input, access considerations The preferred alternative provides for Bureau of Land Management (BLM) focused on maintaining a viable a limited number of designated camping Palm Springs/South Coast Field Office, transportation network, diverse and staging areas to direct intensive use Palm Springs, California, together with recreational opportunities, providing to manageable locations. Finally, the Riverside County, California, intend to access for specific users, (including preferred alternative proposes an prepare a joint Environmental Impact rock-hounders, motorcyclists, scientific integrated, community-based Statement (EIS) and Environmental and educational activities, and non- implementation strategy that addresses Impact Report (EIR), which may include motorized users), dealing with conflicts outreach, compliance and enforcement an amendment to the California Desert between users, and maintaining strategy in which partnerships with Conservation Area (CDCA) Plan, for the Desert Quartzite Solar Project (Project). commercial access needs. adjacent communities, users, local By this notice, the BLM is announcing Plan amendments would address Friends and other interest groups, specific CDCA Plan inconsistencies the beginning of the scoping process to national and State recreational and solicit public comments and identify with regulation and BLM policies in the conservation coalitions, and other WEMO Planning Area; including issues related to the EIS/EIR and Plan interested citizens are a central Amendment (PA). amending language that limits the route component. network to routes that existed in 1980 DATES: This notice initiates the public and travel management guidance for Please note that public comments and scoping process for the EIS/EIR and PA. route designations. Changes are information submitted including names, Comments on issues may be submitted proposed to the existing land-use plan street addresses, and email addresses of in writing until April 6, 2015. The to address stopping, parking, and persons who submit comments will be date(s) and location(s) of any scoping camping adjacent to routes in Limited available for public review and meetings will be announced at least 15 Access Areas within the WEMO disclosure at the above address during days in advance through local news Planning Area, and to establish a regular business hours (8 a.m. to 4 p.m.), media, newspapers and the BLM Web regional minimization strategy for the Monday through Friday, except site at: http://www.blm.gov/ca/st/en/fo/ travel route network. Changes are also holidays. cdd.html. In order to be included in the analysis, all comments must be received proposed to the grazing program that Before including your address, phone prior to the close of the 30-day scoping would reallocate forage from livestock number, email address, or other period or 15 days after the last public use to wildlife use and ecosystem personal identifying information in your function in desert tortoise habitat for meeting, whichever is later. We will comment, you should be aware that provide additional opportunities for inactive allotments or allotments that your entire comment—including your become vacant. In addition, the Draft public participation as appropriate. personal identifying information—may considers plan level decisions ADDRESSES: You may submit comments be made publicly available at any time. modifying motorized use on four on issues and planning criteria related While you can request to withhold your specific lakebeds, including Cuddeback to the Project by any of the following Lake and competitive motorized use of personal identifying information from methods: routes. The Draft also considers various public review, BLM cannot guarantee • email: blm_ca_desert_quartzite_ travel management implementation that we will be able to do so. [email protected]. frameworks. Four alternatives are • fax: (951) 697–5299.

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• mail: ATTN: Cedric C. Perry, agencies; and, other stakeholders. These government-to-government basis in Project Manager, BLM California Desert issues include: Air quality and accordance with Executive Order 13175 District Office, 22835 Calle San Juan de greenhouse gas emissions; biological and other policies. Tribal concerns, Los Lagos, Moreno Valley, California resources, including special status including impacts on Indian trust assets 92553–9046 species; cultural resources; geology and and potential impacts to cultural Documents pertinent to this project soils; hazards and hazardous materials; resources, will be given due may be examined at the BLM California hydrology and water quality; land use; consideration. Federal, State, and local Desert District Office at the above lands with wilderness characteristics; agencies, along with tribes and other address Monday through Friday 8:30 noise; recreation; traffic; visual stakeholders that may be interested in or resources; cumulative effects; areas with a.m. to 4:30 p.m. affected by the proposed action that the high potential for renewable energy FOR FURTHER INFORMATION CONTACT: BLM is evaluating, are invited to Cedric C. Perry; telephone—(951) 697– development; and, identification of opportunities to apply mitigation participate in the scoping process and, 5388; address—BLM California Desert if eligible, may request or be requested District Office, 22835 Calle San Juan de hierarchy strategies for on-site, regional, and compensatory mitigation, and, by the BLM to participate in the Los Lagos, Moreno Valley, CA 92553– development of the environmental 9046; Email—blm_ca_desert_quartzite_ appropriate to the size of the project, analysis as a cooperating agency. [email protected]. landscape-level conservation and Persons who use a management actions to achieve resource With respect to the potential land use telecommunications device for the deaf objectives. plan amendment, the BLM will evaluate (TDD) may call the Federal Information You may submit comments on issues identified issues to be addressed in any Relay Service (FIRS) at 1–(800)–877– and planning criteria in writing to the potential plan amendment, and will 8339 to contact the above individual BLM at any public scoping meeting, or place those issues into one of three during normal business hours. The FIRS by using one of the methods listed in categories: is available 24 hours a day, 7 days a the ADDRESSES section above. To be most helpful, you should submit 1. Issues to be resolved in the plan week, to leave a message or question amendment; with the above individual. You will comments by the close of the 30-day receive a reply during normal business scoping period or within 15 days after 2. Issues to be resolved through policy hours. the last public meeting, whichever is or administrative action; or later. SUPPLEMENTARY INFORMATION: The Before including your address, phone 3. Issues beyond the scope of this plan applicant, Desert Quartzite Solar, LLC number, email address, or other amendment. has requested a right-of-way (ROW) personal identifying information in your The BLM will provide an explanation authorization to construct, operate, comment, you should be aware that in the Draft EIS and PA as to why an maintain and decommission a 300 MW your entire comment—including your issue was placed in category two or alternating current (AC) solar personal identifying information—may three. The public is also encouraged to photovoltaic energy-generating facility be made publicly available at any time. help identify any management questions along with the necessary ancillary While you can ask us in your comment and concerns that should be addressed facilities including a project substation, to withhold your personal identifying in the plan. The BLM will work access road, transmission lines, information from public review, we collaboratively with interested parties to realignment of an existing route, cannot guarantee that we will be able to operations and maintenance buildings, identify the management decisions that do so. The minutes and list of attendees are best suited to local, regional, and and lay down areas. The project is for each scoping meeting will be national needs and concerns. proposed on 4,845 acres of public land available to the public and open for 30 with the solar field occupying days after the meeting to any participant The BLM will use an interdisciplinary approximately 2,453 acres on lands who wishes to clarify the views he or approach to develop the potential plan within the Riverside East Solar Energy she expressed. amendment in order to consider the Zone (SEZ), southwest of Blythe, The BLM withdrew public lands, variety of resource issues and concerns California. including those where the proposed identified. Specialists with expertise in This document provides notice that Project is located, in the State of the following disciplines will be the BLM Palm Springs/South Coast California on July 5, 2013, under Public involved in the planning process: Field Office and the County of Riverside Land Order 7818 for a period of 20 years Rangeland management, minerals and California intend to jointly prepare an for future solar energy development, geology, outdoor recreation, EIS/EIR, which may include a potential subject to valid existing rights, from archaeology, paleontology, wildlife, CDCA Plan Amendment, for the Project. location and entry under the United lands and realty, hydrology, soils, It also announces the beginning of the States mining laws. The lands are open sociology and economics. scoping process for this effort and seeks to mineral and geothermal leasing, and public input on environmental issues mineral material sales. Authority: 40 CFR 1501.7 and 43 CFR and potential planning criteria relevant The BLM will utilize and coordinate 1610.2. to the Project and any potential plan the NEPA scoping process to help fulfill Thomas Pogacnik, amendments. The purpose of the public the public involvement process under scoping process is to guide the planning the National Historic Preservation Act Deputy State Director, Natural Resources. process and determine the relevant (54 U.S.C. 306108) as provided in 36 [FR Doc. 2015–05290 Filed 3–5–15; 8:45 am] issues that will influence the scope of CFR 800.2(d)(3). The information about BILLING CODE 4310–40–P the environmental analysis, including historic and cultural resources within alternatives and mitigation measures. the area potentially affected by the Preliminary issues for the proposed action will assist the BLM in environmental analysis and potential identifying and evaluating impacts to plan amendment have been identified such resources. The BLM will also by BLM; Federal, State, and local consult with Indian tribes on a

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DEPARTMENT OF THE INTERIOR and rehabilitate these projects. We are published in the Federal Register on notifying you that we have adjusted the January 22, 2014 (79 FR 3862) to Bureau of Indian Affairs irrigation assessment rates at several of propose adjustments to the irrigation our irrigation projects and facilities to [15X/A11220000.224100/AAK4004800/ assessment rates at several BIA AX.480ADM100000] reflect current costs of administration, irrigation projects. The public and operation, maintenance, and interested parties were provided an Rate Adjustments for Indian Irrigation rehabilitation. opportunity to submit written Projects comments during the 60-day period that DATES: Effective Date: The irrigation ended March 24, 2014. AGENCY: Bureau of Indian Affairs, assessment rates shown in the tables as Interior. final are effective as of January 1, 2014. Did the BIA defer or change any ACTION: Notice of rate adjustments. FOR FURTHER INFORMATION CONTACT: For proposed rate increases? details about a particular BIA irrigation Yes. The proposed notice indicated SUMMARY: The Bureau of Indian Affairs project or facility, please use the tables (BIA) owns, or has an interest in, that Proposed 2014 rate for Duck Valley in the SUPPLEMENTARY INFORMATION and Fort Yuma Irrigation Projects was irrigation projects located on or section to contact the regional or local ‘‘To Be Determined.’’ A final rate has associated with various Indian office where the project or facility is reservations throughout the United located. been determined and is reflected in the States. We are required to establish Rate Table. The final rates established irrigation assessment rates to recover the SUPPLEMENTARY INFORMATION: A Notice here differ from the proposed rates for costs to administer, operate, maintain, of Proposed Rate Adjustment was the following Irrigation projects:

Proposed Final Project name Rate category 2014 rate 2014 rate

Fort Hall Irrigation Project—Michaud ...... Basic—per acre ...... $47.50 $47.00 Fort Peck Irrigation Project ...... Basic—per acre ...... 25.00 26.00 Wind River Irrigation Project—Units 2, 3 and 4 ...... Basic—per acre ...... 22.10 21.00 Wind River Irrigation Project—LeClair District ...... Basic—per acre ...... 28.82 28.80 Wind River Irrigation Project—Riverton Valley Irrigation District ...... Basic—per acre ...... 21.02 21.00 Pine River Irrigation Project ...... Basic—per acre ...... 16.00 15.00

Did the BIA receive any comments on $1,800,000 was collected in three have a carriage agreement with one of the proposed irrigation assessment rate $500,000 previous payments in 2012, our irrigation projects. adjustments? 2013, and 2014, and the 2015 budget Where can I get information on the proposes an additional collection of Yes. Written comments were received regulatory and legal citations in this $300,000. We now understand that this from the San Carlos Irrigation and notice? Drainage District (SCIDD), by letter work will be funded through the BIA You can contact the appropriate dated October 31, 2013, to the Assistant Safety of Dams Program. office(s) stated in the tables for the Secretary—Indian Affairs, related to the Response: The governing documents irrigation project that serves you, or you proposed rate adjustment for FY 2015 of the San Carlos Irrigation Project can use the Internet site for the for the San Carlos Irrigation Project. A required the operation and maintenance Government Publishing Office at letter from the Director, Bureau of costs for the Project to be paid for by www.gpo.gov. Indian Affairs dated December 12, 2013, assessments on the lands in the Project. responded to SCIDD’s letter. Accordingly, the Project has correctly What authorizes you to issue this assessed and collected funds for repair notice? What issues were of concern to the of the Coolidge Dam Cylinder Gates. commenters? Our authority to issue this notice is The BIA Safety of Dams Program is vested in the Secretary of the Interior by Comments received relate specifically funding an independent engineering 5 U.S.C. 301 and the Act of August 14, to one component of the San Carlos review of the designs and cost estimates 1914 (38 Stat. 583; 25 U.S.C. 385). The Irrigation Project proposed FY 2015 rate: for the gate repair. The review will Secretary has in turn delegated this The planned expenditure for repair of produce final engineering designs and authority to the Assistant Secretary— the Coolidge Dam Cylinder Gates. drawings which the Project expects to Indian Affairs under Part 209, Chapter The BIA’s summary of SCIDD’s issue use for the repair work. The Project has 8.1A, of the Department of the Interior’s and the BIA’s response are provided reiterated this point to SCIDD at recent Departmental Manual. below. water user meetings. Comment: The recommended 2015 Whom can I contact for further assessment of $35 per acre and Does this notice affect me? information? proposed budget of $3.5 million include This notice affects you if you own or The following tables are the regional a planned expenditure of $1.8 million, lease land within the assessable acreage and project/agency contacts for our or $18 per acre, for the repair of the of one of our irrigation projects or if you irrigation facilities. Coolidge Dam Cylinder Gates. This

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Project name Project/Agency Contacts

Northwest Region Contacts

Stanley Speaks, Regional Director, Bureau of Indian Affairs, Northwest Regional Of- fice, 911 N.E. 11th Avenue, Portland, Oregon 97232–4169, Telephone: (503) 231– 6702.

Fort Hall Irrigation Project Randy Thompson, Acting Superintendent, David Bollinger, Irrigation Project Manager, Fort Hall Agency, P.O. Box 220, Fort Hall, ID 83203–0220, Telephone: (208) 238–2301.

Wapato Irrigation Project Edwin Lewis, Project Administrator, Wapato Irrigation Project, P.O. Box 220, Wapato, WA 98951–0220, Telephone: (509) 877–3155.

Rocky Mountain Region Contacts

Darryl LaCounte, Acting Regional Director, Bureau of Indian Affairs, Rocky Mountain Regional Office, 316 North 26th Street, Billings, Montana 59101, Telephone: (406) 247–7943.

Project Name Agency/Project Contacts Blackfeet Irrigation Project Thedis Crow, Acting Superintendent, Greg Tatsey, Irriga- tion Project Manager, Box 880, Browning, MT 59417, Telephones: (406) 338–7544, Superintendent, (406) 338–7519, Irrigation Project Manager. Crow Irrigation Project Vianna Stewart, Superintendent, Kyle Varvel, Irrigation Project Manager, P.O. Box 69, Crow Agency, MT 59022, Telephones: (406) 638–2672, Superintendent, (406) 638–2863, Irrigation Project Manager. Fort Belknap Irrigation Project Susan Messerley, Acting Superintendent, Vacant, Irriga- tion Project Manager, (Project operations & manage- ment contracted to Tribes), R.R.1, Box 980, Harlem, MT 59526, Telephones: (406) 353–2901, Super- intendent, (406) 353–8454, Irrigation Project Manager (Tribal Office). Fort Peck Irrigation Project Howard Beemer, Superintendent, Huber Wright, Acting Irrigation Project Manager, P.O. Box 637, Poplar, MT 59255, 602 6th Avenue North, Wolf Point, MT 59201, Telephones: (406) 768–5312, Superintendent, (406) 653–1752, Irrigation Project Manager. Wind River Irrigation Project Norma Gourneau, Superintendent Vacant, Irrigation Project Manager, P.O. Box 158, Fort Washakie, WY 82514, Telephones: (307) 332–7810, Superintendent (307) 332–2596, Irrigation Project Manager.

Southwest Region Contacts

William T. Walker, Regional Director, Bureau of Indian Affairs, Southwest Regional Office, 1001 Indian School Road, Albuquerque, New Mexico 87104, Telephone: (505) 563–3100.

Pine River Irrigation Project Priscilla Bancroft, Acting Superintendent, Vickie Begay, Irrigation Project Manager, P.O. Box 315, Ignacio, CO 81137–0315, Telephones: (970) 563–4511, Super- intendent, (970) 563–9484, Irrigation Project Manager

Western Region Contacts

Bryan Bowker, Regional Director, Bureau of Indian Affairs, Western Regional Office, 2600 N. Central Ave., 4th Floor Mailroom, Phoenix, Ari- zona 85004, Telephone: (602) 379–6600.

Project Name Project/Agency Contacts Colorado River Irrigation Project Kellie Youngbear, Superintendent, Gary Colvin, Irrigation Project Manager, 12124 1st Avenue, Parker, AZ 85344, Telephone: (928) 669–7111. Duck Valley Irrigation Project Joseph McDade, Superintendent, (Project operations & management compacted by the Tribes), 2719 Argent Ave., Suite 4, Elko, NV 89801, Telephone: (775) 738– 5165, (208) 759–3100 (Tribal Office). Fort Yuma Irrigation Project Irene Herder, Superintendent, 256 South Second Ave- nue, Suite D, Yuma, AZ 85364, Telephone: (928) 782–1202. San Carlos Irrigation Project, Indian Works and Joint Works Ferris Begay, Project Manager, Clarence Begay, Irriga- tion Manager, 13805 N. Arizona Boulevard, Coolidge, AZ 85228, Telephone: (520) 723–6223.

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Project name Project/Agency Contacts

Uintah Irrigation Project Bart Stevens, Superintendent, P.O. Box 130, Fort Duchesne, UT 84026, Telephone: (435) 722–4300, Telephone: (435) 722–4341. Walker River Irrigation Project Marilyn Bitsillie, Acting Superintendent, 311 E. Wash- ington Street, Carson City, NV 89701, Telephone: (775) 887–3500.

What irrigation assessments or charges where we recover costs of season and subsequent years where are adjusted by this notice? administering, operating, maintaining, applicable. An asterisk immediately The rate table below contains the and rehabilitating them. The table also following the name of the project notes current rates for all irrigation projects contains the final rates for the 2014 the irrigation projects where 2014 rates are different from the 2013 rates.

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Northwest Region Rate Table Project Name Rate Final Final Category 2013 Rate 2014 Rate Fort Hall Irrigation Project Basic per acre $47.00 $47.00

Minimum Charge per tract $32.50 $32.50

Fort Hall Irrigation Project - Basic per acre $24.00 $24.00 Minor Units Minimum Charge per tract $32.50 $32.50

Fort Hall Irrigation Project – Basic per acre $47.50 $47.00 Michaud Pressure per acre $65.50 $65.00

Minimum Charge per tract $32.50 $32.50

Wapato Irrigation Project – Minimum Charge for per bill $20.00 $23.00 Toppenish/Simcoe Units* Basic per acre $21.00 $23.00

Wapato Irrigation Project - Minimum Charge per bill $24.00 $24.00 Ahtanum Units Basic per acre $24.00 $24.00

Wapato Irrigation Project - Minimum Charge for per bill $71.00 $76.00 Satus Unit* “A” Basic per acre $71.00 $76.00

“B” Basic per acre $77.00 $82.00

Wapato Irrigation Project - Minimum Charge per bill $71.00 $71.00 Additional Works Basic per acre $71.00 $71.00

Wapato Irrigation Project - Minimum Charge $79.00 $84.00 Water Rental* Basic per acre $79.00 $84.00

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Rocky Mountain Region Rate Table Project Name Rate Final Final 2013 Rate 2014 Rate Category

Blackfeet Irrigation Project Basic-per acre $19.50 $19.50

Crow Irrigation Project- Willow Basic-per acre $23.80 $24.80 Creek O&M (includes Agency, Lodge Grass #1, Lodge Grass #2, Reno, Upper Little Hom, and Forty Mile Units)*

Crow Irrigation Project- All Basic-per acre $23.50 $24.50 Others (includes Bighorn, Soap Creek, and Pryor Units)*

Crow Irrigation Two Leggins Basic-per acre $14.00 $14.50 Drainage Unit*

Crow Irrigation Two Leggins Basic-per acre $2.00 $2.00 Drainage District

Fort Belknap Irrigation Project Basic-per acre $15.00 $15.00

Fort Peck Irrigation Project Basic-per acre $25.00 $26.00

Wind River Irrigation Project- Basic-per acre $21.00 $21.00 Units 2, 3 and 4*

Wind River Irrigation Project- Basic-per acre $30.84 $28.80 LeClair District* (see Note#1) Wind River Irrigation Project- Basic-per acre $14.00 $14.00 Crow Heart Unit

Wind River Irrigation Project- A Basic-per acre $14.00 $14.00 Canal Unit

Wind River Irrigation Project- Basic-per acre $16.00 $21.00 Riverton Valley Irrigation District*

Southwest Region Rate Table Project Name Rate Final Final Category 2013 Rate 2014 Rate Pine River Irrigation Project* Minimum Charge per $50.00 $50.00 tract Basic-per acre $15.00 $15.00

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Western Region Rate Table

Project Name Rate Category Final Final Proposed 20 15 Rate 2013 Rate 2014 Rate Colorado River Basic per acre $54.00 $54.00 To be determined Irrigation Project up to 5. 7 5 acre-feet Excess Water $17.00 $17.00 per acre-foot over 5.75 acre-feet Duck Valley Basic per acre $5.30 $5.30 Irrigation Project Yuma Project, Basic per acre up to 5.0 $86.00 $91.00 Indian Unit acre-feet (See Note #2) Excess Water per acre- $14.00 $17.00 foot over 5.0 acre-feet Basic per acre up to 5.0 $86.00 $91.00 acre-feet (Ranch 5) San Carlos Basic per acre $30.00 $30.00 $35.00 Irrigation Project (Joint Works) Final2013- 2015 Construction Water Rate Schedule: (See Note #3)

On Project On Project Off Project Construction - Construction - Construction Gravity Water Pump Water

Administrative $300.00 $300.00 $300.00 Fee $250.00 per $100.00 per Usage Fee No Fee month acre-foot Excess Water $5 per 1000 gal No charge No charge Ratet

tThe excess water rate applies to all water used in excess of 50,000 gallons in any one month. San Carlos Basic per acre $81.00 $81.00 To be determined Irrigation Project (Indian Works) (See Note#4) Uintah Irrigation Basic per acre $16.00 $18.00 Project* Minimum Bill $25.00 $25.00

Walker River Indian per acre $28.00 $28.00 Irrigation Project

non-Indian per acre $28.00 $28.00

* Notes irrigation projects where rates Note #2—The O&M rate for the Yuma 2014 is $89.50/acre. The second are proposed for adjustment. Project, Indian Unit has two component is for the O&M rate Note #1—The Operation and components. The first component is the established by BIA to cover Maintenance (O&M) rate varies yearly O&M rate established by the Bureau of administrative costs including billing based upon the budget submitted by the Reclamation (BOR), the owner and and collections for the Project. The 2014 LeClair District. operator of the Project. The BOR rate for

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BIA rate remains unchanged at $1.50/ portion serving the Fort Yuma 1995. The OMB Control Number is acre. Reservation. 1076–0141 and expires March 31, 2016. Note #3—The FY 2014 rate was Regulatory Planning and Review National Environmental Policy Act established by final notice in the (Executive Order 12866) Federal Register on January 23, 2014 The Department has determined that (79 FR 3862). The Construction Water These rate adjustments are not a these rate adjustments do not constitute Rate Schedule was established by final significant regulatory action and do not a major Federal action significantly notice in the Federal Register on need to be reviewed by the Office of affecting the quality of the human January 23, 2014 (79 FR 3862). The FY Management and Budget under environment and that no detailed 2015 rate was proposed by notice in the Executive Order 12866. statement is required under the National Environmental Policy Act of 1969 (42 Federal Register on January 22, 2014 Regulatory Flexibility Act (79 FR 3614). This notice establishes the U.S.C. 4321–4370(d)). final rate of $35/acre for FY 2015. These rate adjustments are not a rule Data Quality Act Note #4—The 2014 O&M rate for the for the purposes of the Regulatory Flexibility Act because they establish ‘‘a In developing this notice, we did not San Carlos Irrigation Project—Indian conduct or use a study, experiment, or Works has three components. The first rule of particular applicability relating to rates.’’ 5 U.S.C. 601(2). survey requiring peer review under the component is the O&M rate established Data Quality Act (Pub. L. 106–554). by the San Carlos Irrigation Project— Unfunded Mandates Reform Act of Indian Works, the owner and operator of 1995 Dated: February 26, 2015. the Project; this rate is proposed to be Kevin K. Washburn, These rate adjustments do not impose Assistant Secretary—Indian Affairs. $45 per acre. The second component is an unfunded mandate on State, local, or [FR Doc. 2015–05265 Filed 3–5–15; 8:45 am] for the O&M rate established by the San tribal governments in the aggregate, or BILLING CODE 4310–W7–P Carlos Irrigation Project—Joint Works on the private sector, of more than $130 and is determined to be $30.00 per acre. million per year. The rule does not have The third component is the O&M rate a significant or unique effect on State, DEPARTMENT OF THE INTERIOR established by the San Carlos Irrigation local, or tribal governments or the Project Joint Control Board and is private sector. Therefore, the Bureau of Ocean Energy Management estimated to be $6 per acre. Department is not required to prepare a [MMAA 104000] Consultation and Coordination With statement containing the information Tribal Governments (Executive Order required by the Unfunded Mandates Outer Continental Shelf, Gulf of 13175) Reform Act (2 U.S.C. 1531 et seq.). Mexico, Oil and Gas Lease Sales, To fulfill its consultation Takings (Executive Order 12630) Western Planning Area Lease Sales 246 and 248 responsibility to tribes and tribal The Department has determined that organizations, BIA communicates, these rate adjustments do not have AGENCY: Bureau of Ocean Energy coordinates, and consults on a significant ‘‘takings’’ implications. The Management (BOEM), Interior. continuing basis with these entities on rate adjustments do not deprive the ACTION: Notice of availability of the issues of water delivery, water public, state, or local governments of Final Supplemental Environmental availability, and costs of administration, rights or property. Impact Statement. operation, maintenance, and rehabilitation of projects that concern Federalism (Executive Order 13132) SUMMARY: BOEM has prepared a Final them. This is accomplished at the The Department has determined that Supplemental Environmental Impact individual irrigation project by Project, these rate adjustments do not have Statement (EIS) for proposed Outer Agency, and Regional representatives, significant Federalism effects because Continental Shelf (OCS) oil and gas as appropriate, in accordance with local they will not affect the States, the Lease Sales 246 and 248, which are protocol and procedures. This notice is relationship between the national tentatively scheduled to be held in one component of our overall government and the States, or the August 2015 and 2016, respectively, in coordination and consultation process distribution of power and the Gulf of Mexico (GOM) Western to provide notice to, and request responsibilities among various levels of Planning Area (WPA) offshore the States comments from, these entities when we government. of Texas and Louisiana. This Final adjust irrigation assessment rates. Supplemental EIS updates the Civil Justice Reform (Executive Order environmental and socioeconomic Actions Concerning Regulations That 12988) analyses for proposed WPA Lease Sales Significantly Affect Energy Supply, 246 and 248 evaluated in the Gulf of Distribution, or Use (Executive Order In issuing this rule, the Department Mexico OCS Oil and Gas Lease Sales: 13211) has taken the necessary steps to eliminate drafting errors and ambiguity, 2012–2017; Western Planning Area The rate adjustments will have no minimize potential litigation, and Lease Sales 229, 233, 238, 246, and 248; adverse effects on energy supply, provide a clear legal standard for Central Planning Area Lease Sales 227, distribution, or use (including a affected conduct, as required by section 231, 235, 241, and 247, Final shortfall in supply, price increases, and 3 of Executive Order 12988. Environmental Impact Statement (2012– increase use of foreign supplies) should 2017 WPA/CPA Multisale EIS; OCS EIS/ the proposed rate adjustments be Paperwork Reduction Act of 1995 EA BOEM 2012–019); Gulf of Mexico implemented. This is a notice for rate These rate adjustments do not affect OCS Oil and Gas Lease Sales: 2013– adjustments at BIA-owned and operated the collections of information which 2014; Western Planning Area Lease Sale irrigation projects, except for the Fort have been approved by the Office of 233; Central Planning Area Lease Sale Yuma Irrigation Project. The Fort Yuma Information and Regulatory Affairs, 231, Final Supplemental Environmental Irrigation Project is owned and operated Office of Management and Budget, Impact Statement (WPA 233/CPA 231 by the Bureau of Reclamation with a under the Paperwork Reduction Act of Supplemental EIS; OCS EIS/EA BOEM

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2013–0118); and Gulf of Mexico OCS Oil document to the public, BOEM will Atlantic City, New Jersey and Gas Lease Sales: 2014–2016; primarily distribute digital copies of the Æ Western Planning Area Lease Sales 238, Final Supplemental EIS on compact March 18, 2015; Sheraton Atlantic 246, and 248, Final Supplemental discs. However, if you require a paper City, 2 Convention Blvd., Atlantic City, Environmental Impact Statement (WPA copy, BOEM will provide one upon New Jersey; 3:00–7:00 p.m.; validated 238/246/248 Supplemental EIS; OCS request if copies are still available. participant parking at hotel. EIS/EA BOEM 2014–009). The 2012– 1. You may obtain a copy of the Final Savannah, Georgia 2017 WPA/CPA Multisale EIS was Supplemental EIS from the Bureau of completed in July 2012. The WPA 233/ Ocean Energy Management, Gulf of Æ March 24, 2015; Hyatt Regency CPA 231 Supplemental EIS was Mexico OCS Region, Public Information Savannah, Two West Bay St., Savannah, completed in April 2013. The WPA 238/ Office (GM 335A), 1201 Elmwood Park Georgia; 3:00–7:00 p.m.; validated 246/248 Supplemental EIS was Boulevard, Room 250, New Orleans, participant parking at hotel. completed in March 2014. Louisiana 70123–2394 (1–800–200– DATES: Comments should be submitted FOR FURTHER INFORMATION CONTACT: Mr. GULF). by March 30, 2015. Please see Gary D. Goeke, Bureau of Ocean Energy 2. You may download or view the boemoceaninfo.com/get-involved/ Management, Gulf of Mexico OCS Final Supplemental EIS on BOEM’s comments/ or www.regulations.gov Region, Office of Environment (GM Web site at http://www.boem.gov//. (search ‘‘BOEM–2014–0085’’) for 623E), 1201 Elmwood Park Boulevard, Several libraries along the Gulf Coast information on how to comment. New Orleans, Louisiana 70123–2394, by have been sent copies of the Final telephone at 504–736–3233 or email at Supplemental EIS. To find out which FOR FURTHER INFORMATION CONTACT: For [email protected]. libraries have copies of the Final information on the EIS, the submission SUPPLEMENTARY INFORMATION: BOEM Supplemental EIS for review, you may of comments, or BOEM’s policies developed this Final Supplemental EIS contact BOEM’s Public Information associated with this Notice, please for proposed WPA Lease Sales 246 and Office or visit BOEM’s Web site at contact Mr. Geoffrey L. Wikel, Acting 248 to consider new information made http://www.boem.gov//. Chief, Division of Environmental available since completion of the 2012– Authority: This Notice of Availability is Assessment, Office of Environmental 2017 WPA/CPA Multisale EIS, WPA published pursuant to the regulations (40 Programs, Bureau of Ocean Energy 233/CPA 231 Supplemental EIS, and CFR part 1503) implementing the provisions Management (HM 3107), 381 Elden WPA 238/246/248 Supplemental EIS, of the National Environmental Policy Act Street, Herndon, VA 20170–4817, and to consider new information on the (NEPA) of 1969, as amended (42 U.S.C. 4321 telephone (703) 787–1283. Deepwater Horizon explosion, oil spill, et seq. [1988]). SUPPLEMENTARY INFORMATION: On and response. This Final Supplemental Dated: January 27, 2015. January 29, 2015, BOEM published a EIS provides updates on the baseline Abigail Ross Hopper, conditions and potential environmental Notice of Intent to prepare an EIS under Director, Bureau of Ocean Energy the National Environmental Policy Act effects of oil and natural gas leasing, Management. exploration, development, and (NEPA), as amended (42 U.S.C. 4321 et [FR Doc. 2015–05037 Filed 3–5–15; 8:45 am] seq.) to inform decisions that will be production in the WPA. BOEM BILLING CODE 4310–MR–P conducted an extensive search for new made during the preparation and information in consideration of the implementation of the 2017–2022 Oil Deepwater Horizon explosion, oil spill, DEPARTMENT OF THE INTERIOR and Gas Leasing Program (2017–2022 and response, reviewing scientific Program) (80 FR 4939). The EIS will journals and available scientific data Bureau of Ocean Energy Management analyze the potential direct, indirect, and information from academic and cumulative impacts of possible institutions and Federal, State, and local [BOEM–2014–0085; MMAA104000] outer continental shelf oil and gas agencies; and interviewing personnel activities that could result from lease from academic institutions and Federal, Outer Continental Shelf, 2017–2022 Oil sales proposed under the 2017–2022 State, and local agencies. BOEM has and Gas Leasing Program Program. The scope of the EIS will be examined the potential impacts of based on the 2017–2022 Draft Proposed AGENCY: Bureau of Ocean Energy routine activities, accidental events, and Program (DPP) after consideration of Management (BOEM), Interior. the proposed lease sales’ incremental public input received during the contribution to the cumulative impacts ACTION: Notice of additional public scoping period for the EIS (for details, on environmental and socioeconomic scoping meetings for the programmatic see the DPP at http://www.boem.gov/ resources. BOEM has also examined the Environmental Impact Statement (EIS) Five-Year-Program/). The January 29, potential impacts associated with a low- on the 2017–2022 Oil and Gas Leasing 2015, announcement included a probability catastrophic event. The oil Program. schedule of EIS public scoping and gas resource estimates and scenario meetings, providing dates and locations, SUMMARY: The Bureau of Ocean Energy information for this Final Supplemental and this Notice is adding three new Management is announcing three EIS are presented as a range that would meetings. additional public scoping meetings for encompass the oil and gas resources and the EIS on the 2017–2022 Oil and Gas Authority: This Notice is published activities estimated for a proposed WPA pursuant to the regulations (40 CFR 1501.7) Leasing Program. lease sale. implementing the provisions of NEPA. BOEM has printed and will be Additional Scoping Meetings Dated: March 2, 2015. distributing a limited number of paper copies of the Final Supplemental EIS. In Kill Devil Hills, North Carolina Abigail Ross Hopper, keeping with the Department of the Æ March 16, 2015; Ramada Plaza Nags Director, Bureau of Ocean Energy Interior’s mission of the protection of Head Oceanfront, 1701 S. Virginia Dare Management. natural resources and to limit costs Trail, Kill Devil Hills, North Carolina; [FR Doc. 2015–05107 Filed 3–5–15; 8:45 am] while ensuring availability of the 3:00–7:00 p.m.; free parking. BILLING CODE 4310–MR–P

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INTERNATIONAL TRADE Sunnyvale, California; Spansion LLC of collection request (ICR) proposal titled, COMMISSION Sunnyvale, California; Spansion ‘‘Youth CareerConnect Impact and (Thailand) Ltd. of Nonthaburi, Thailand; Implementation Evaluation,’’ to the [Investigation No. 337–TA–922] Aerohive Networks, Inc. of Sunnyvale, Office of Management and Budget Certain Devices Containing Non- California; Ciena Corporation of (OMB) for review and approval for use Volatile Memory and Products Hanover, Maryland; Delphi Automotive in accordance with the Paperwork Containing the Same; Commission’s PLC of Kent, United Kingdom; Delphi Reduction Act (PRA) of 1995 (44 U.S.C. Determination Not To Review an Initial Automotive Systems, LLC of Troy, 3501 et seq.). Public comments on the Determination Terminating the Michigan; Polycom, Inc. of San Jose, ICR are invited. Investigation; Termination of the California; Ruckus Wireless, Inc. of DATES: The OMB will consider all Investigation Sunnyvale, California; ShoreTel Inc. of written comments that agency receives Sunnyvale, California; Tellabs, Inc. of on or before April 6, 2015. AGENCY: U.S. International Trade Naperville, Illinois; Tellabs North ADDRESSES: A copy of this ICR with Commission. America, Inc. of Naperville, Illinois; applicable supporting documentation; ACTION: Notice. TiVo Inc. of San Jose, California; and including a description of the likely Allied Telesis, Inc. of Bothell, respondents, proposed frequency of SUMMARY: Notice is hereby given that Washington as respondents. The Office response, and estimated total burden the U.S. International Trade of Unfair Import Investigations (‘‘OUII’’) may be obtained free of charge from the Commission has determined not to was also named as a party to the RegInfo.gov Web site at http:// review the presiding administrative law investigation. www.reginfo.gov/public/do/ judge’s (‘‘ALJ’’) initial determination On January 29, 2015, the private PRAViewICR?ref_nbr=201501-1291-002 (‘‘ID’’) (Order No. 12) granting a joint parties filed a joint motion to terminate (this link will only become active on the motion to terminate the investigation. the investigation based on a settlement day following publication of this notice) FOR FURTHER INFORMATION CONTACT: agreement. On January 30, 2015, OUII or by contacting Michel Smyth by Amanda Pitcher Fisherow, Esq., Office filed a response in support of the telephone at 202–693–4129 (this is not of the General Counsel, U.S. motion. a toll-free number) or by email at DOL_ International Trade Commission, 500 E On February 6, 2015, the ALJ granted [email protected]. Street SW., Washington, DC 20436, the joint motion to terminate. The ALJ Submit comments about this request telephone (202) 205–2737. Copies of found the parties included confidential by mail or courier to the Office of non-confidential documents filed in and public versions of the settlement Information and Regulatory Affairs, connection with this investigation are or agreement and that the parties Attn: OMB Desk Officer for DOL– will be available for inspection during represented that there are no other OASAM, Office of Management and official business hours (8:45 a.m. to 5:15 agreements, written or oral, express or Budget, Room 10235, 725 17th Street p.m.) in the Office of the Secretary, U.S. implied concerning the subject matter of NW., Washington, DC 20503; by Fax: International Trade Commission, 500 E the investigation. The ALJ also found 202–395–5806 (this is not a toll-free Street SW., Washington, DC 20436, that termination of the investigation is number); or by email: OIRA_ telephone (202) 205–2000. General not contrary to the public interest. No [email protected]. Commenters information concerning the Commission petitions for review were filed. are encouraged, but not required, to may also be obtained by accessing its The Commission has determined not send a courtesy copy of any comments Internet server at http://www.usitc.gov. to review the subject ID. by mail or courier to the U.S. The authority for the Commission’s The public record for this investigation Department of Labor-OASAM, Office of determination is contained in section may be viewed on the Commission’s the Chief Information Officer, Attn: 337 of the Tariff Act of 1930, as electronic docket (EDIS) at http:// Departmental Information Compliance amended (19 U.S.C. 1337), and in Part edis.usitc.gov. Hearing-impaired Management Program, Room N1301, 210 of the Commission’s Rules of persons are advised that information on 200 Constitution Avenue NW., Practice and Procedure (19 CFR part this matter can be obtained by Washington, DC 20210; or by email: 210). _ _ contacting the Commission’s TDD DOL PRA [email protected]. terminal on (202) 205–1810. By order of the Commission. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: The Issued: March 2, 2015. Contact Michel Smyth by telephone at Lisa R. Barton, 202–693–4129 (this is not a toll-free Commission instituted this investigation _ _ on August 4, 2014, based on a complaint Secretary to the Commission. number) or by email at DOL PRA filed on behalf of Macronix [FR Doc. 2015–05119 Filed 3–5–15; 8:45 am] [email protected]. International Co., Ltd. of Taiwan and BILLING CODE 7020–02–P Authority: 44 U.S.C. 3507(a)(1)(D). Macronix America, Inc., of Milpitas, SUPPLEMENTARY INFORMATION: This ICR California. 79 FR 45221 (Aug. 4, 2014). seeks PRA authority for the Youth The complaint alleged violations of DEPARTMENT OF LABOR CareerConnect (YCC) Impact and Section 337 of the Tariff Act of 1930, as Implementation Evaluation information amended, 19 U.S.C. 1337, in the sale for Office of the Secretary collection. In spring 2014, the DOL importation, importation, or sale within awarded 24 grants to implement the the United States after importation of Agency Information Collection YCC program. The program is a high certain devices containing non-volatile Activities; Submission for OMB school based initiative aimed at memory and products containing the Review; Comment Request; Youth improving students’ college and career same by reason of infringement of CareerConnect Impact and readiness in particular employment certain claims of U.S. Patent No. Implementation Evaluation sectors. The programs are redesigning 5,998,826; U.S. Patent No. 6,031,757; ACTION: Notice. the high school experience through U.S. Patent No. 8,341,324; and U.S. partnerships with colleges and Patent No. 8,341,330. The notice of SUMMARY: The Department of Labor employers to provide skill-developing investigation named Spansion Inc. of (DOL) is submitting the information and work-based learning opportunities

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to help students prepare for jobs in electronic, mechanical, or other Action Items/Planning for Fall Meeting high-demand occupations. The technological collection techniques or Dated: March 3, 2015. evaluation will address three main other forms of information technology, Suzanne Plimpton, research areas: (1) The impact of the e.g., permitting electronic submission of Acting, Committee Management Officer. YCC programs on students’ short-term responses. outcomes, (2) individual YCC program Agency: DOL–OASAM. [FR Doc. 2015–05256 Filed 3–5–15; 8:45 am] implementation, and (3) whether and Title of Collection: Youth BILLING CODE 7555–01–P how YCC programs varied in CareerConnect Impact and effectiveness based on student and Implementation Evaluation. grantee characteristics. The impact OMB ICR Reference Number: 201501– NATIONAL SCIENCE FOUNDATION study will employ a randomized 1291–002. Advisory Committee for International controlled trial to estimate program Affected Public: State, Local, and Science and Engineering; Notice of effectiveness and will be carried out in Tribal Governments and Individuals or Meeting a subset of YCC grantees. The Households. implementation study will draw on data Total Estimated Number of Annual In accordance with the Federal gathered from all YCC grantees. The Respondents: 2,691. Advisory Committee Act (Pub. L. 92– American Competitiveness and Total Estimated Number of Annual 463, as amended), the National Science Workforce Improvement Act authorizes Responses: 4,246. Foundation announces the following this information collection. See 29 Total Estimated Annual Time Burden: meeting: U.S.C. 2916a. 1,186 hours. This proposed information collection Total Estimated Annual Other Costs Name: Advisory Committee for is subject to the PRA. A Federal agency Burden: $0. International Science and Engineering generally cannot conduct or sponsor a Dated: March 2, 2015. (#25104). collection of information, and the public Michel Smyth, Date & Time: March 26–27, 2015 8:00 a.m. to 5:00 p.m. is generally not required to respond to Departmental Clearance Officer. Place: National Science Foundation, 4201 an information collection, unless it is [FR Doc. 2015–05186 Filed 3–5–15; 8:45 am] approved by the OMB under the PRA Wilson Boulevard, Stafford I, Suite 1235, BILLING CODE 4510–23–P Arlington, Virginia 22230. and displays a currently valid OMB To facilitate entry into the building, Control Number. In addition, contact Diane Drew ([email protected]). Your notwithstanding any other provisions of NATIONAL SCIENCE FOUNDATION request should be received on or prior to law, no person shall generally be subject March 23, 2015. to penalty for failing to comply with a Advisory Committee for Geosciences; Virtual attendance will be supported. For collection of information if the Notice of Meeting detailed instructions, visit the meeting Web collection of information does not site at http://www.nsf.gov/events/event_ display a valid Control Number. See 5 In accordance with the Federal summ.jsp?preview=y&cntn_id=133123. CFR 1320.5(a) and 1320.6. For Advisory Committee Act (Pub. L. 92– Type of Meeting: Open. additional information, see the related 463, as amended), the National Science Contact Person: Kelsey Cook, National notice published in the Federal Register Foundation announces the following Science Foundation, 4201 Wilson Boulevard, on October 17, 2015 (79 FR 62467). meeting: Stafford II, Suite 1155, Arlington, Virginia Interested parties are encouraged to Name: Advisory Committee for 22230; 703–292–7490. send comments to the OMB, Office of Geosciences (1755). Purpose of Meeting: To provide advice, Information and Regulatory Affairs at Dates: April 8th, 2015, 8:30 a.m.–5:00 p.m.; recommendations and counsel on major goals and policies pertaining to international the address shown in the ADDRESSES April 9th, 2015, 8:30 a.m.–2:00 p.m. programs and activities. section within thirty (30) days of Place: Stafford I, Room 1235, National Science Foundation, 4201 Wilson Blvd., Agenda publication of this notice in the Federal Arlington, Virginia 22230. Register. In order to help ensure Type of Meeting: Open. Thursday, March 26, 2015, 8:00 a.m.—5:00 appropriate consideration, comments Contact Person: Melissa Lane, National p.m. should mention OMB ICR Reference Science Foundation, Suite 705, 4201 Wilson Welcome and Opening Remarks—Minutes Blvd., Arlington, Virginia 22230. Phone 703– Number 201501–1291–002. The OMB is Overview of International and Integrative particularly interested in comments 292–8500. Minutes: May be obtained from the contact Activities/International Science and that: Engineering (IIA/ISE)—Realignment • Evaluate whether the proposed person listed above. Purpose of Meeting: To provide advice, Status collection of information is necessary recommendations, and oversight on support Public Access for the proper performance of the for geoscience research and education Leadership Pillar of the Strategic Framework functions of the agency, including including atmospheric, geo-space, earth, ISE Strategic Directions whether the information will have ocean and polar sciences. Discussion with NSF Assistant Directors Meeting with France Co´rdova, NSF Director, practical utility; Agenda • Evaluate the accuracy of the and Richard Buckius, NSF Chief agency’s estimate of the burden of the Wednesday, April 8, 2015 (8:30 a.m.–5:00 Operating Officer proposed collection of information, p.m.) Subcommittee Planning including the validity of the Meeting with the NSF Director and CIO Friday, March 27, 2015, 8:00 a.m.—5:00 p.m. Directorate and NSF activities and plans methodology and assumptions used; Subcommittee Planning • Enhance the quality, utility, and Update on Merit Review Pilots Division Subcommittee Meetings Overseas Offices clarity of the information to be Update from the Committee on Equal collected; and Thursday, April 9, 2015 (8:30 a.m.–2:00 p.m.) • Opportunities in Science and Minimize the burden of the Division Subcommittee Meetings, continued. Engineering collection of information on those who Briefings on NAS Decadal Survey of the Update from the Committee on are to respond, including through the Ocean and NRC Report on Climate Environmental Research and Education use of appropriate automated, Intervention Closing Remarks and Wrap Up

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Dated: March 2, 2015. groups have proposed a variety of ‘‘Public Notice of Receipt of an Suzanne Plimpton, budgetary and administrative incentives Application,’’ please take notice that the Acting, Committee Management Officer. for Federal agencies. Proposals have U.S. Nuclear Regulatory Commission [FR Doc. 2015–05255 Filed 3–5–15; 8:45 am] included introduction of a spectrum (NRC) has received the following BILLING CODE 7555–01–P currency and setting aside some portion request for an export license. Copies of of spectrum auction revenues to the request are available electronically establish a spectrum efficiency or through the Agencywide Documents NATIONAL SCIENCE FOUNDATION relocation fund. Internationally, the Access and Management System and United Kingdom has explored charging can be accessed through the Public Federal-Commercial Spectrum Sharing spectrum usage fees to government Electronic Reading Room link http:// Workshop: Models, Application, and agencies. www.nrc.gov/reading-rm.html at the Impacts of Incentives for Sharing Rich and multidisciplinary research NRC Homepage. questions arise when considering AGENCY: The National Coordination A request for a hearing or petition for Office (NCO) for Networking and incentives for bi-directional spectrum leave to intervene may be filed within Information Technology Research and sharing. Sharing between government thirty days after publication of this Development (NITRD). and commercial entities will require notice in the Federal Register (FR). Any innovations in technology as well as in ACTION: Notice. request for hearing or petition for leave business, administrative, and market to intervene shall be served by the SUMMARY: The Wireless Spectrum R&D institutions and practices. Federal, requestor or petitioner upon the Senior Steering Group (WSRD SSG) has public safety, and commercial users applicant, the Office of the General been conducting a series of workshops confront different constraints and Counsel, U.S. Nuclear Regulatory on understanding the fundamental strategic options, and can be expected to Commission, Washington, DC 20555; issues involved in Federal and respond differently to opportunities and the Office of Secretary, U.S. Nuclear Commercial Spectrum Sharing. The incentives. This workshop will discuss Regulatory Commission, Washington, seventh workshop in this series will what research is needed to get a better DC 20555; and the Executive Secretary, focus on incentives. This workshop understanding of these factors, U.S. Department of State, Washington, titled, ‘‘Federal-Commercial Spectrum including lessons learned, in order to DC 20520. Sharing: Models, Applications, and identify incentives that will work. A request for a hearing or petition for Impacts of Incentives for Sharing’’, will Submitted by the National Science leave to intervene may be filed with the be held on March 19, 2015, from 8:00 Foundation for the National NRC electronically in accordance with a.m. to 5:30 p.m., at the Stevens Coordination Office (NCO) for NRC’s E-Filing rule promulgated in Institute of Technology, Hoboken, NJ. Networking and Information August 2007, 72 FR 49139; Aug. 28, The workshop will be Webcast and the Technology Research and Development 2007. Information about filing link will be made available at: https:// (NITRD) on February 25, 2015. electronically is available on the NRC’s www.nitrd.gov/nitrdgroups/ FOR FURTHER INFORMATION CONTACT: public Web site at http://www.nrc.gov/ index.php?title=Wireless_Spectrum_ Wendy Wigen at 703–292–4873 or site-help/e-submittals.html. To ensure Research_and_Development_ [email protected]. Individuals who use a timely electronic filing, at least five days (WSRD)#title. Information gathered from telecommunications device for the deaf prior to the filing deadline, the this workshop will be used by the (TDD) may call the Federal Information petitioner/requestor should contact the WSRD SSG to develop Relay Service (FIRS) at 1–800–877–8339 Office of the Secretary by email at recommendations for the White House between 8 a.m. and 8 p.m., Eastern time, [email protected], or by Office of Science and Technology Policy Monday through Friday. calling (301) 415–1677, to request a (OSTP). Suzanne H. Plimpton, digital ID certificate and allow for the DATES: March 19, 2015. Reports Clearance Officer, National Science creation of an electronic docket. Background: The WSRD SSG Foundation. workshop series stems from the June 14, In addition to a request for hearing or [FR Doc. 2015–04236 Filed 3–5–15; 8:45 am] 2013 Presidential Memorandum, petition for leave to intervene, written Expanding America’s Leadership in BILLING CODE 7555–01–P comments, in accordance with 10 CFR Wireless Innovation, to make more 110.81, should be submitted within wireless spectrum available for thirty days after publication of this commercial use by encouraging shared NUCLEAR REGULATORY notice in the FR to Office of the access by commercial and federal users. COMMISSION Secretary, U.S. Nuclear Regulatory One of the directives was to explore and Commission, Washington, DC 20555, Request for a License to Export Attention: Rulemaking and recommend market-based or other Deuterium approaches that would incentivize Adjudications. Federal and commercial users to Pursuant to Title 10 of the Code of The information concerning this cooperate in sharing spectrum. Different Federal Regulations (10 CFR) 110.70 (b) export license application follows.

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NRC EXPORT LICENSE APPLICATION Description of Material

Name of applicant date of application date received Total Recipient application no. Material type quantity End use country docket no.

Concert Pharmaceuticals, Inc., February 12, Heavy water ∼20,000.0 kgs Non-nuclear end-use in active pharma- Switzerland. 2015, February 20, 2015, XMAT434, 11006190. (D2O). ceutical ingredient manufacturing.

Dated this 26th day of February, 2015 at Isotopes (Public Meeting) (Contact: Dated: March 4, 2015. Rockville, Maryland. Nima Ashkeboussi, 301–415–5775) Glenn Ellmers, For the U.S. Nuclear Regulatory Policy Coordinator, Office of the Secretary. Commission. This meeting will be webcast live at [FR Doc. 2015–05382 Filed 3–4–15; 4:15 pm] David L. Skeen, the Web address—http://www.nrc.gov/. BILLING CODE 7590–01–P Deputy Director, Office of International Thursday, April 16, 2015 Programs. [FR Doc. 2015–05318 Filed 3–5–15; 8:45 am] 9:30 a.m.—Meeting with the BILLING CODE 7590–01–P Organization of Agreement States and PENSION BENEFIT GUARANTY the Conference of Radiation Control CORPORATION Program Directors (Public Meeting) NUCLEAR REGULATORY Contact: Nima Ashkeboussi, 301–415– Proposed Submission of Information COMMISSION 5775) Collection for OMB Review; Comment [NRC–2015–0001] This meeting will be webcast live at Request; Annual Financial and the Web address—http://www.nrc.gov/. Actuarial Information Reporting Sunshine Act Meeting Notice * * * * * AGENCY: Pension Benefit Guaranty DATES: March 9, 16, 23, 30, April 6, 13, The schedule for Commission Corporation. 2015. meetings is subject to change on short ACTION: Notice; correction. PLACE: Commissioners’ Conference notice. For more information or to verify Room, 11555 Rockville Pike, Rockville, the status of meetings, contact Glenn SUMMARY: The Pension Benefit Guaranty Maryland. Ellmers at 301–415–0442 or via email at Corporation (PBGC) published a [email protected]. STATUS: Public and Closed. document in the Federal Register on * * * * * March 2, 2015, concerning a proposed Week of March 9, 2015 The NRC Commission Meeting submission of an information collection There are no meetings scheduled for Schedule can be found on the Internet on Annual Financial and Actuarial the week of March 9, 2015. at: http://www.nrc.gov/public-involve/ Information Reporting for OMB review. public-meetings/schedule.html. The document contained an inadvertent Week of March 16, 2015—Tentative error in the subject heading. There are no meetings scheduled for * * * * * FOR FURTHER INFORMATION CONTACT: the week of March 16, 2015. The NRC provides reasonable Grace Kraemer, Attorney, or Catherine accommodation to individuals with B. Klion, Assistant General Counsel, Week of March 23, 2015—Tentative disabilities where appropriate. If you Office of the General Counsel, Pension Thursday, March 26, 2015 need a reasonable accommodation to Benefit Guaranty Corporation, 1200 K participate in these public meetings, or 9:30 a.m.—Briefing on Security Issues Street NW., Washington, DC 20005– need this meeting notice or the (Closed—Ex. 1) 4026; 202–326–4024. (TTY and TDD transcript or other information from the 1:30 p.m.—Briefing on Security Issues users may call the Federal relay service public meetings in another format (e.g. (Closed—Ex. 1) toll-free at 1–800–877–8339 and ask to braille, large print), please notify be connected to 202–326–4024.) Friday, March 27, 2015 Kimberly Meyer, NRC Disability 9:30 a.m.—Briefing on Threat Program Manager, at 301–287–0727, by Correction videophone at 240–428–3217, or by Environment Assessment (Closed— In the Federal Register of March 2, Ex. 1) email at Kimberly.Meyer-Chambers@ nrc.gov. Determinations on requests for 2015, in 80 FR 11240, correct the subject Week of March 30, 2015—Tentative reasonable accommodation will be heading to read: There are no meetings scheduled for made on a case-by-case basis. Proposed Submission of Information the week of March 30, 2015. * * * * * Collection for OMB Review; Comment Request; Annual Financial and Actuarial Week of April 6, 2015—Tentative Members of the public may request to Information Reporting receive this information electronically. There are no meetings scheduled for If you would like to be added to the Issued in Washington, DC, this 2nd day of the week of April 6, 2015. distribution, please contact the Nuclear March, 2015. Week of April 13, 2015—Tentative Regulatory Commission, Office of the Catherine B. Klion, Secretary, Washington, DC 20555 (301– Assistant General Counsel, Pension Benefit Tuesday, April 14, 2015 415–1969), or email Guaranty Corporation. 9:30 a.m.—Meeting with the Advisory [email protected] or [FR Doc. 2015–05126 Filed 3–5–15; 8:45 am] Committee on the Medical Uses of [email protected]. BILLING CODE 7709–02–P

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OFFICE OF PERSONNEL 1. Evaluate whether the proposed 18, 2015, BATS Exchange, Inc. (the MANAGEMENT collection of information is necessary ‘‘Exchange’’ or ‘‘BATS’’) filed with the for the proper performance of the Securities and Exchange Commission Submission for Review: Certificate of functions of the agency, including (‘‘Commission’’) the proposed rule Medical Examination, 3206–0250 whether the information will have change as described in Items I and II below, which Items have been prepared AGENCY: U.S. Office of Personnel practical utility; Management. 2. Evaluate the accuracy of the by the Exchange. The Exchange has agency’s estimate of the burden of the designated this proposal as a ‘‘non- ACTION: Notice and Request for proposed collection of information, controversial’’ proposed rule change Comments. including the validity of the pursuant to section 19(b)(3)(A) of the SUMMARY: The U.S. Office of Personnel methodology and assumptions used; Act 3 and Rule 19b–4(f)(6)(iii) Management (OPM) offers the general 3. Enhance the quality, utility, and thereunder,4 which renders it effective public and other Federal agencies the clarity of the information to be upon filing with the Commission. The opportunity to comment on an collected; and Commission is publishing this notice to extension without change of a currently 4. Minimize the burden of the solicit comments on the proposed rule approved collection, information collection of information on those who change from interested persons. collection request (ICR) 3206–0250, are to respond, including through the I. Self-Regulatory Organization’s Certificate of Medical Examination. As use of appropriate automated, Statement of the Terms of Substance of required by the Paperwork Reduction electronic, mechanical, or other the Proposed Rule Change Act of 1995, (Pub. L. 104–13, 44 U.S.C. technological collection techniques or chapter 35) as amended by the Clinger- other forms of information technology, The Exchange filed a proposal to Cohen Act (Pub. L. 104–106), OPM is e.g., permitting electronic submissions amend Rule 11.22, Data Products, to soliciting comments for this collection. of responses. update the names of certain products to align with recent changes made to the DATES: Comments are encouraged and A Federal Register notice opening a names of the same products in the will be accepted until April 6, 2015. 60-day comment period on the Exchange’s fee schedule. This process is conducted in accordance extension was published on December 16, 2014, at 79 FR 74777. The comment The text of the proposed rule change with 5 CFR 1320.1. is available at the Exchange’s Web site ADDRESSES: Interested persons are period closed February 17, 2015. No comments were received. at www.batstrading.com, at the invited to submit written comments on principal office of the Exchange, and at the proposed information collection to Analysis the Commission’s Public Reference Employee Services, U.S. Office of Room. Personnel Management, 1900 E Street, Agency: Employee Services, U.S. NW., Washington, DC 20415, Attention: Office of Personnel Management. II. Self-Regulatory Organization’s Phil Spottswood or via electronic mail Title: Certificate of Medical Statement of the Purpose of, and to [email protected]. Examination. Statutory Basis for, the Proposed Rule OMB Number: 3206–0250. FOR FURTHER INFORMATION CONTACT: A Change Affected Public: Federal Government. copy of this ICR, with applicable In its filing with the Commission, the Number of Respondents: 45,000. Exchange included statements supporting documentation, may be Estimated Time Per Respondent: 3 obtained by contacting Hiring Policy, concerning the purpose of and basis for hours. the proposed rule change and discussed U.S. Office of Personnel Management, Total Burden Hours: 135,000 hours. any comments it received on the 1900 E Street NW., Washington, DC U.S. Office of Personnel Management. 20415, Attention: Phil Spottswood or proposed rule change. The text of these via electronic mail to [email protected]. Katherine Archuleta, statements may be examined at the SUPPLEMENTARY INFORMATION: The Director. places specified in Item IV below. The Optional Form (OF) 178, Certificate of [FR Doc. 2015–05276 Filed 3–5–15; 8:45 am] Exchange has prepared summaries, set Medical Examination, is used to collect BILLING CODE 6325–39–P forth in sections A, B, and C below, of medical information about individuals the most significant parts of such who are incumbents of positions which statements. require physical fitness/agility testing SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s and/or medical examinations, or who COMMISSION Statement of the Purpose of, and have been selected for such a position [Release No. 34–74403; File No. SR–BATS– Statutory Basis for, the Proposed Rule contingent upon meeting physical Change fitness/agility testing and medical 2015–15] 1. Purpose examinations as a condition of Self-Regulatory Organizations; BATS employment. This information is Exchange, Inc.; Notice of Filing and The Exchange proposes to amend needed to ensure fair and consistent Immediate Effectiveness of a Proposed Rule 11.22, Data Products, to update the treatment of employees and job Rule Change To Amend Rule 11.22 To names of certain products to align with applicants, to adjudicate the medically- Update the Names of Certain Market recent changes made to the names of the based passover of a preference eligible, Data Products same products in the Exchange’s fee and to adjudicate claims of schedule. On February 3, 2015, the discrimination under the Americans March 2, 2015. Exchange filed a proposed rule change with Disabilities Act (ADA). Pursuant to section 19(b)(1) of the with the Commission that, among other As required by the Paperwork Securities Exchange Act of 1934 (the things, amended the Exchange’s fee Reduction Act of 1995 (Pub. L. 104–13, ‘‘Act’’),1 and Rule 19b–4 thereunder,2 schedule to rename ‘‘BZX Exchange 44 U.S.C. chapter 35) as amended by the notice is hereby given that on February PITCH Feed’’ as the ‘‘BZX Depth’’, Clinger-Cohen Act (Pub. L. 104–106), OPM is soliciting comments for this 1 15 U.S.C. 78s(b)(1). 3 15 U.S.C. 78s(b)(3)(A). collection to: 2 17 CFR 240.19b–4. 4 17 CFR 240.19b–4(f)(6)(iii).

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‘‘BZX Exchange Top Feed’’ as ‘‘BZX conventions used for the Exchange temporarily suspend such rule change if Top’’, ‘‘BZX Exchange Historical TOP’’ market data products. it appears to the Commission that such as ‘‘BZX Historical Top’’, and action is: (i) Necessary or appropriate in C. Self-Regulatory Organization’s ‘‘Historical PITCH’’ as ‘‘Historical the public interest; (ii) for the protection Statement on Comments on the 5 of investors; or (iii) otherwise in Depth.’’ The Exchange now proposes Proposed Rule Change Received From furtherance of the purposes of the Act. to rename the following data products Members, Participants or Others under Rule 11.22 to align with these If the Commission takes such action, the changes: (i) ‘‘TCP PITCH’’ under The Exchange has neither solicited Commission shall institute proceedings subparagraph (a) would be renamed nor received written comments on the to determine whether the proposed rule ‘‘TCP Depth’’; (ii) ‘‘Multicast PITCH’’ proposed rule change. should be approved or disapproved. under subparagraph (c) would be III. Date of Effectiveness of the IV. Solicitation of Comments renamed ‘‘Multicast Depth’’; and (iii) Proposed Rule Change and Timing for Interested persons are invited to ‘‘TOP’’ under subparagraph (d) would Commission Action be renamed ‘‘Top’’. The Exchange does submit written data, views and Because the foregoing proposed rule not propose to amend the content or any arguments concerning the foregoing, change does not: (i) Significantly affect other aspect of these market data including whether the proposed rule the protection of investors or the public products. change is consistent with the Act. interest; (ii) impose any significant Comments may be submitted by any of 2. Statutory Basis burden on competition; and (iii) become the following methods: operative for 30 days from the date on The Exchange believes that its which it was filed, or such shorter time Electronic Comments proposal is consistent with section 6(b) as the Commission may designate, it has • Use the Commission’s Internet of the Act 6 in general, and furthers the become effective pursuant to section comment form (http://www.sec.gov/ objectives of section 6(b)(5) of the Act 7 19(b)(3)(A)(iii) of the Act 8 and rules/sro.shtml); or in particular, in that it is designed to subparagraph (f)(6) of Rule 19b–4 • Send an email to rule-comments@ promote just and equitable principles of thereunder.9 sec.gov. Please include File Number SR– trade, to foster cooperation and A proposed rule change filed under BATS–2015–15 on the subject line. coordination with persons engaged in Rule 19b–4(f)(6) 10 normally does not Paper Comments facilitating transactions in securities, to become operative prior to 30 days after remove impediments to and perfect the the date of the filing. However, pursuant • Send paper comments in triplicate mechanism of a free and open market to Rule 19b–4(f)(6)(iii),11 the to Brent J. Fields, Secretary, Securities and a national market system and, in Commission may designate a shorter and Exchange Commission, 100 F Street general, to protect investors and the time if such action is consistent with the NE., Washington, DC 20549. public interest. The Exchange does not protection of investors and the public All submissions should refer to File believe that this proposal will permit interest. The Exchange has asked the Number SR–BATS–2015–15. This file unfair discrimination among customers, Commission to waive the 30-day number should be included on the brokers, or dealers because it will apply operative delay so the Exchange may subject line if email is used. To help the to all Users. The proposed rule change clarify its rules by making them Commission process and review your does not propose to amend the content consistent throughout by reflecting a comments more efficiently, please use or any other aspect of these market data change in naming conventions used for only one method. The Commission will products. Rather, it simply proposes to Exchange market data products. The post all comments on the Commission’s align the naming convention of the Commission believes that waiving the Internet Web site (http://www.sec.gov/ Exchange’s market data products across 30-day operative delay is consistent rules/sro.shtml). Copies of the its rules and fee schedule, making the with the protection of investors and the submission, all subsequent Exchange’s rules clearer and less public interest because it will allow the amendments, all written statements confusing for investors. Therefore, the Exchange to provide consistency within with respect to the proposed rule Exchange believes the proposed rule their rules and avoid potential investor change that are filed with the change removes impediments to and confusion. Therefore, the Commission Commission, and all written perfects the mechanism of a free and hereby waives the 30-day operative communications relating to the open market and a national market delay and designates the proposed rule proposed rule change between the system, and, in general, protects change to be operative upon filing with Commission and any person, other than investors and the public interest. the Commission.12 those that may be withheld from the At any time within 60 days of the public in accordance with the B. Self-Regulatory Organization’s filing of the proposed rule change, the provisions of 5 U.S.C. 552, will be Statement on Burden on Competition Commission summarily may available for Web site viewing and The Exchange does not believe that printing in the Commission’s Public 8 15 U.S.C. 78s(b)(3)(A)(iii). Reference Room, 100 F Street NE., the proposal will impose any burden on 9 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Washington, DC 20549, on official competition not necessary or 4(f)(6) requires a self-regulatory organization to give appropriate in furtherance of the the Commission written notice of its intent to file business days between the hours of purposes of the Act. The proposed rule the proposed rule change at least five business days 10:00 a.m. and 3:00 p.m. Copies of such prior to the date of filing of the proposed rule filing also will be available for change is not designed to address any change, or such shorter time as designated by the competitive issues but rather avoid Commission. The Exchange has satisfied this inspection and copying at the principal investor confusion by providing requirement. office of the Exchange. All comments consistency amongst the naming 10 17 CFR 240.19b–4(f)(6). received will be posted without change; 11 17 CFR 240.19b–4(f)(6)(iii). the Commission does not edit personal 12 For purposes only of waiving the operative identifying information from 5 See Securities Exchange Act Release No. 74285 delay for this proposal, the Commission has (February 18, 2015) (SR–BATS–2015–11). considered the proposed rule’s impact on submissions. You should submit only 6 15 U.S.C. 78f(b). efficiency, competition, and capital formation. See information that you wish to make 7 15 U.S.C. 78f(b)(5). 15 U.S.C. 78c(f). available publicly. All submissions

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should refer to File Number SR–BATS– II. Self-Regulatory Organization’s Act 7 and regulations thereunder 2015–15 and should be submitted on or Statement of the Purpose of, and applicable to it. Statutory Basis for, the Proposed Rule before March 27, 2015. B. Self-Regulatory Organization’s Change For the Commission, by the Division of Statement on Burden on Competition Trading and Markets, pursuant to delegated In its filing with the Commission, ICE ICE Clear Europe does not believe the 13 authority. Clear Europe included statements proposed rule change would have any Brent J. Fields, concerning the purpose of and basis for impact, or impose any burden, on Secretary. the proposed rule change and discussed competition. The fees in the revised fee [FR Doc. 2015–05158 Filed 3–5–15; 8:45 am] any comments it received on the schedule are the same as those being proposed rule change. The text of these BILLING CODE 8011–01–P charged prior to the transition in trading statements may be examined at the of the Migrating Contracts to ICE places specified in Item IV below. ICE Futures Europe. Clear Europe has prepared summaries, SECURITIES AND EXCHANGE C. Self-Regulatory Organization’s COMMISSION set forth in sections A, B, and C below, of the most significant aspects of these Statement on Comments on the statements. Proposed Rule Change Received From [Release No. 34–74400; File No. SR–ICEEU– Members, Participants or Others 2015–001] A. Self-Regulatory Organization’s Written comments relating to the Statement of the Purpose of, and proposed changes to the rules have not Self-Regulatory Organizations; ICE Statutory Basis for, the Proposed Rule been solicited or received. ICE Clear Clear Europe Limited; Notice of Filing Change Europe will notify the Commission of and Immediate Effectiveness of 1. Purpose any written comments received by ICE Proposed Rule Change Relating to ICE Clear Europe. Clear Europe Clearing Fees The purpose of the proposed rule change is for ICE Clear Europe to adopt III. Date of Effectiveness of the March 2, 2015. a new fee schedule in respect of the Proposed Rule Change and Timing for Pursuant to Section 19(b)(1) of the clearing of the Migrating Contracts Commission Action Securities Exchange Act of 1934 following the transition of trading in The foregoing rule change has become (‘‘Act’’),1 and Rule 19b–4 thereunder,2 such contracts to ICE Futures Europe. effective upon filing pursuant to Section notice is hereby given that on February The new fee schedule specifies certain 19(b)(3)(A)(ii) of the Act 8 and Rule 19b– 19, 2015, ICE Clear Europe Limited exchange and clearing fees, as well as 4(f)(2) 9 thereunder because it (‘‘ICE Clear Europe’’) filed with the certain assignment, delivery and other establishes a fee or other charge Securities and Exchange Commission fees applicable to the Migrating imposed by ICE Clear Europe on its (‘‘Commission’’) the proposed rule Contracts. The new fee schedule will Clearing Members, within the meaning change as described in Items I, II and III replace the fee schedule previously of Rule 19b–4(f)(2). Specifically, the below, which Items have been prepared published by ICE Futures Europe in proposed rule change will establish fees respect of equity contracts. The to be paid by Clearing Members to ICE primarily by ICE Clear Europe. ICE Clear combined exchange and clearing fees Clear Europe with respect to the Europe filed the proposal pursuant to under the new fee schedule are the same clearing of Migrating Contracts. At any Section 19(b)(3)(A)(ii) of the Act,3 and 4 as those being charged prior to the time within 60 days of the filing of the Rule 19b–4(f)(2) thereunder, so that the transition of trading in such contracts to proposed rule change, the Commission proposal was effective upon filing with ICE Futures Europe. summarily may temporarily suspend the Commission. The Commission is such rule change if it appears to the publishing this notice to solicit 2. Statutory Basis Commission that such action is comments on the proposed rule change ICE Clear Europe has determined that necessary or appropriate in the public from interested persons. the clearing fees in the new schedule interest, for the protection of investors, I. Self-Regulatory Organization’s continue to be appropriate to charge or otherwise in furtherance of the Statement of the Terms of Substance of Clearing Members in connection with purposes of the Act. the Proposed Rule Change the clearing of the Migrating Contracts IV. Solicitation of Comments by ICE Clear Europe. ICE Clear Europe The text of the proposed rule change notes in this regard that the fees are the Interested persons are invited to consists of certain rule changes that same as those currently charged for such submit written data, views, and arguments concerning the foregoing, have been proposed by ICE Clear contracts. ICE Clear Europe believes that including whether the proposed rule Europe. The principal purpose of the imposing such clearing fees is change is consistent with the Act. proposed changes is to specify the consistent with the requirements of Section 17A of the Act 5 and the Comments may be submitted by any of clearing and other fees to be charged by the following methods: ICE Clear Europe in respect of the regulations thereunder applicable to it, clearing of equity contracts traded on and in particular continues to provide Electronic Comments the LIFFE Administration and for the equitable allocation of reasonable • Use the Commission’s Internet Management market which have dues, fees, and other charges among its comment form (http://www.sec.gov/ transitioned to trading on ICE Futures Clearing Members, within the meaning rules/sro.shtml) or Europe (‘‘Migrating Contracts’’). of Section 17A(b)(3)(D) of the Act.6 ICE • Send an email to rule-comments@ Clear Europe thus believes that the sec.gov. Please include File Number SR– 13 17 CFR 200.30–3(a)(12). proposed rule change is consistent with ICEEU–2015–001 on the subject line. 1 15 U.S.C. 78s(b)(1). the requirements of Section 17A of the 2 17 CFR 240.19b–4. 7 15 U.S.C. 78q–1. 3 15 U.S.C. 78s(b)(3)(A)(ii). 5 15 U.S.C. 78q–1. 8 15 U.S.C. 78s(b)(3)(A)(ii). 4 17 CFR 240.19b–4(f)(2). 6 15 U.S.C. 78q–1(b)(3)(D). 9 17 CFR 240.19b–4(f)(2).

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Paper Comments SECURITIES AND EXCHANGE SECURITIES AND EXCHANGE COMMISSION COMMISSION • Send paper comments in triplicate to Secretary, Securities and Exchange [SEC File No. 270–221, OMB Control No. Commission, 100 F Street NE., [File No. 500–1] 3235–0232] Washington, DC 20549–1090. In the Matter of Discovery Oil, Ltd., I/ All submissions should refer to File O Magic Corporation, Maydao Proposed Collection; Comment Number SR–ICEEU–2015–001. This file Corporation, NX Global, Inc, and Request number should be included on the SensiVida Medical Technologies, Inc.; subject line if email is used. To help the Order of Suspension of Trading Upon Written Request, Copies Available Commission process and review your From: Securities and Exchange March 4, 2015. Commission, Office of FOIA Services, comments more efficiently, please use 100 F Street NE., Washington, DC only one method. The Commission will It appears to the Securities and 20549–2736. post all comments on the Commission’s Exchange Commission that there is a Internet Web site (http://www.sec.gov/ lack of current and accurate information Extension: Form 1–E, Regulation E rules/sro.shtml). Copies of the concerning the securities of Discovery submission, all subsequent Oil, Ltd. because it has not filed any Notice is hereby given that, pursuant amendments, all written statements periodic reports since the period ended to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the Securities with respect to the proposed rule September 30, 2010. and Exchange Commission (the change that are filed with the It appears to the Securities and ‘‘Commission’’) is soliciting comments Commission, and all written Exchange Commission that there is a on the collection of information communications relating to the lack of current and accurate information summarized below. The Commission proposed rule change between the concerning the securities of I/O Magic plans to submit this existing collection Commission and any person, other than Corporation because it has not filed any of information of the Office of those that may be withheld from the periodic reports since the period ended Management and Budget for extension public in accordance with the September 30, 2011. and approval. provisions of 5 U.S.C. 552, will be It appears to the Securities and Form 1–E (17 CFR 239.200) under the available for Web site viewing and Exchange Commission that there is a Securities Act of 1933 (15 U.S.C. 77a et printing in the Commission’s Public lack of current and accurate information seq.) (‘‘Securities Act’’) is the form that Reference Room, 100 F Street NE., concerning the securities of Maydao a small business investment company Washington, DC 20549, on official Corporation because it has not filed any (‘‘SBIC’’) or business development business days between the hours of periodic reports since the period ended company (‘‘BDC’’) uses to notify the 10:00 a.m. and 3:00 p.m. Copies of such September 30, 2011. Commission that it is claiming an filings also will be available for It appears to the Securities and exemption under Regulation E from inspection and copying at the principal Exchange Commission that there is a registering its securities under the office of ICE Clear Europe and on ICE lack of current and accurate information Securities Act. Rule 605 of Regulation E Clear Europe’s Web site at https:// concerning the securities of NX Global, (17 CFR 230.605) under the Securities www.theice.com/clear-europe/ Inc because it has not filed any periodic Act requires an SBIC or BDC claiming regulation. reports since the period ended October such an exemption to file an offering circular with the Commission that must All comments received will be posted 31, 2011. without change; the Commission does also be provided to persons to whom an It appears to the Securities and offer is made. Form 1–E requires an not edit personal identifying Exchange Commission that there is a information from submissions. You issuer to provide the names and lack of current and accurate information addresses of the issuer, its affiliates, should submit only information that concerning the securities of SensiVida directors, officers, and counsel; a you wish to make available publicly. All Medical Technologies, Inc. because it description of events which would submissions should refer to File has not filed any periodic reports since make the exemption unavailable; the Number SR–ICEEU–2015–001 and the period ended May 31, 2011. jurisdictions in which the issuer intends should be submitted on or before March to offer the securities; information about 27, 2015. The Commission is of the opinion that the public interest and the protection of unregistered securities issued or sold by For the Commission, by the Division of investors require a suspension of trading the issuer within one year before filing Trading and Markets, pursuant to delegated in the securities of the above-listed the notification on Form 1–E; 10 authority. companies. Therefore, it is ordered, information as to whether the issuer is Brent J. Fields, pursuant to Section 12(k) of the presently offering or contemplating Secretary. Securities Exchange Act of 1934, that offering any other securities; and exhibits, including copies of the rule [FR Doc. 2015–05156 Filed 3–5–15; 8:45 am] trading in the securities of the above- listed companies is suspended for the 605 offering circular and any BILLING CODE 8011–01–P underwriting contracts. period from 9:30 a.m. EST on March 4, 2015, through 11:59 p.m. EDT on March The Commission uses the information 17, 2015. provided in the notification on Form 1– E and the offering circular to determine By the Commission. whether an offering qualifies for the Jill M. Peterson, exemption under Regulation E. The Assistant Secretary. Commission estimates that, each year, [FR Doc. 2015–05371 Filed 3–4–15; 4:15 pm] one issuer files one notification on Form 10 17 CFR 200.30–3(a)(12). BILLING CODE 8011–01–P 1–E, together with offering circulars,

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with the Commission.1 Based on the Q for the period ending September 30, rule change to March 2, 2015. The Commission’s experience with 2011, filed on November 14, 2011; and Commission received no comment disclosure documents, we estimate that (2) filed a Form 8–K on December 16, letters in response to the proposed rule the burden from compliance with Form 2011, stating that the Chief Financial change. For the reasons discussed 1–E and the offering circular requires Officer (‘‘CFO’’) whose signature below, the Commission is approving the approximately 100 hours per filing. The appears on Forms 10–K and 10–K/A for proposed rule change. annual burden hours for compliance the year ending June 30, 2011, and on II. Description with Form 1–E and the offering circular Form 10–Q for the quarter ending would be 100 hours (1 response x 100 September 30, 2011, had resigned from FICC filed the proposed rule change hours per response). Estimates of the CIIC on September 21, 2011, and had to amend the clearing rules of the burden hours are made solely for the not prepared, reviewed, signed or Government Securities Division purposes of the PRA, and are not authorized these filings. (‘‘GSD’’) and of the Mortgage-Backed derived from a comprehensive or even The Commission is of the opinion that Securities Division (‘‘MBSD’’) a representative survey or study of the the public interest and the protection of concerning a default by FICC.5 The FICC costs of SEC rules and forms. investors require a suspension of trading Default Rules were added to GSD’s and Written comments are invited on: (a) in the securities of the above-listed MBSD’s rules in 2010 and 2012, Whether the proposed collection of company. respectively, to make explicit the close- information is necessary for the proper Therefore, it is ordered, pursuant to out netting of obligations between FICC performance of the functions of the Section 12(k) of the Securities Exchange and its clearing members in the event agency, including whether the Act of 1934, that trading in the that FICC becomes insolvent or defaults information will have practical utility; securities of CIIC is suspended for the on its obligations to its clearing (b) the accuracy of the agency’s estimate period from 9:30 a.m. EST on March 4, members.6 FICC represented that the of the burden of the collection of 2015, through 11:59 p.m. EDT on March FICC Default Rules provide clarity to information; (c) ways to enhance the 17, 2015. clearing member firms in their quality, utility, and clarity of the By the Commission. application of balance sheet netting to information collected; and (d) ways to Jill M. Peterson, their positions with FICC under U.S. minimize the burden of the collection of GAAP.7 FICC further represented that Assistant Secretary. information on respondents, including the FICC Default Rules allow clearing through the use of automated collection [FR Doc. 2015–05370 Filed 3–4–15; 4:15 pm] members to comply with Basel Accord techniques or other forms of information BILLING CODE 8011–01–P Standards relating to netting, and technology. Consideration will be given thereby enable clearing members to to comments and suggestions submitted calculate their capital requirements on SECURITIES AND EXCHANGE in writing within 60 days of this the basis of their net credit exposure.8 COMMISSION publication. The existing FICC Default Rules cover Please direct your written comments [Release No. 34–74411; File No. SR–FICC– three general types of default: Voluntary to Pamela Dyson, Director/Chief 2014–09] proceedings defaults; involuntary Information Officer, Securities and proceedings defaults; and non- Exchange Commission, C/O Remi Self-Regulatory Organizations; Fixed insolvency related defaults. Under the Pavlik-Simon, 100 F Street NE., Income Clearing Corporation; Order existing FICC Default Rules, FICC states Washington, DC 20549; or send an email Approving Proposed Rule Change To _ that it is considered in default with to: PRA [email protected]. Amend the Rules of the Government respect to voluntary proceedings Dated: March 2, 2015. Securities Division and the Mortgage- defaults (i) immediately upon the Brent J. Fields, Backed Securities Division Regarding dissolution of FICC, (ii) the voluntary Secretary. the Default of Fixed Income Clearing institution of proceedings by FICC Corporation [FR Doc. 2015–05217 Filed 3–5–15; 8:45 am] seeking a judgment of insolvency or BILLING CODE 8011–01–P March 2, 2015. bankruptcy or other similar relief, or (iii) the voluntary presentation by FICC I. Introduction of a petition for its winding up or SECURITIES AND EXCHANGE On November 12, 2014, the Fixed liquidation. COMMISSION Income Clearing Corporation (‘‘FICC’’) Under the existing FICC Default Rules, FICC is considered in default [File No. 500–1] filed with the Securities and Exchange Commission (‘‘Commission’’) proposed In the Matter of China Infrastructure rule change SR–FICC–2014–09 pursuant 5 In 2010, the Commission approved a proposed rule change filed by FICC to add Rule 22B to the Investment Corp., Order of Suspension to Section 19(b)(1) of the Securities GSD rules (‘‘GSD Default Rule’’). See Securities of Trading Exchange Act of 1934 (‘‘Act’’) 1 and Rule Exchange Act Release No. 63038 (October 5, 2010), 19b–4 thereunder.2 The proposed rule 75 FR 62899 (October 13, 2010) (File No. SR–FICC– March 4, 2015. change was published for comment in 2010–04). In 2012, the Commission approved a It appears to the Securities and proposed rule change filed by FICC to add Rule 17A the Federal Register on December 2, to the MBSD rules (‘‘MBSD Default Rule’’, and Exchange Commission (‘‘Commission’’) 3 2014. On January 9, 2015, pursuant to together with the GSD Default Rule, ‘‘FICC Default that there is a lack of current and Section 19(b)(2)(A)(ii) of the Act,4 FICC Rules’’). See Securities Exchange Act Release No. accurate information concerning the consented to an extension of the time 66550 (March 9, 2012), 77 FR 15155 (March 14, securities of China Infrastructure for Commission action on the proposed 2012) (File No. SR–FICC–2008–01). Investment Corp. (‘‘CIIC’’) because, 6 See Securities Exchange Act Release No. 63038 (October 5, 2010), 75 FR 62899 (October 13, 2010) among other things, it: (1) Has not filed 1 15 U.S.C. 78s(b)(1). (File No. SR–FICC–2010–04) and Securities any periodic reports since the Form 10– 2 17 CFR 240.19b–4. Exchange Act Release No. 66550 (March 9, 2012), 3 See Securities Exchange Act Release No. 73682 77 FR 15155 (March 14, 2012) (File No. SR–FICC– 1 According to Commission records, one issuer (November 25, 2014), 79 FR 71481 (December 2, 2008–01). filed two notifications on Form 1–E, together with 2014) (File No. SR–FICC–2014–09). 7 See Id. offering circulars, during 2013 and 2014. 4 15 U.S.C. 78s(b)(2)(A)(ii). 8 See Id.

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with respect to involuntary proceedings services by providing members with MBSD, respectively, including FICC’s defaults on the 91st calendar day after further legal certainty regarding their authority under GSD Rule 42 and MBSD the judgment of insolvency or rights with respect to a default by FICC. Rule 33, as applicable, can override the bankruptcy or the entry of an order for First, FICC is amending its FICC Default definition of what constitutes a default relief (or similar order) for FICC’s Rules to add the voluntary making by by FICC. winding up or liquidation, or the FICC of a general assignment for the appointment of an administrator, benefit of creditors as an additional type III. Discussion provisional liquidator, conservator, of voluntary proceeding. Second, FICC Section 19(b)(2)(C) of the Act 9 directs receiver, trustee, custodian or other is eliminating the 90 calendar day grace similar official for all or substantially all period for involuntary proceeding the Commission to approve a self- of FICC’s assets, where such judgment, defaults. According to FICC, this change regulatory organization’s proposed rule order or appointment, as applicable, will result in FICC being considered in change if the Commission finds that the remains unstayed throughout the 90 default immediately upon the judgment proposed rule change is consistent with calendar day grace period. FICC is of insolvency or bankruptcy or the entry the requirements of the Act and the considered in default with respect to of an order for relief (or similar order) rules and regulations thereunder non-insolvency related defaults on the for FICC’s winding-up or liquidation, or applicable to such organization. Section 91st calendar day after it receives notice the appointment of a receiver, trustee or 17A(b)(3)(F) of the Act 10 requires, from a member of its failure to make an other similar official for FICC or among other things, that the rules of a undisputed payment or delivery to such substantially all of FICC’s assets, clearing agency are designed to promote member that is required under the GSD provided that such receiver, trustee or the prompt and accurate clearance and Rules or the MBSD Rules, respectively, other similar official is appointed settlement of securities transactions. where such failure remains unremedied pursuant to the federal securities laws, After careful review, the Commission throughout the 90 calendar day grace particularly Section 19(i) of the Act, or finds that FICC’s rule change to amend period. Title II of the Dodd-Frank Wall Street The existing FICC Default Rules Reform and Consumer Protection Act. the FICC Default Rules is consistent 11 exclude the following from the scope of Third, FICC is reducing the grace with Section 17A(b)(3)(F) of the Act what is considered a non-insolvency period from 90 to 7 calendar days for because the changes as proposed in related default: (i) The failure on the non-insolvency related defaults. FICC’s filing should provide further part of FICC to satisfy obligations to According to FICC, this change will legal certainty to FICC’s clearing members in wind-down, members in result in it being in a non-insolvency members regarding their close-out default, or members for whom FICC has related default on the 8th calendar day netting rights with respect to a default ceased to act pursuant to either GSD after it receives notice from a member of by FICC. In addition, FICC’s rule Rule 22A or MBSD Rule 17, as its failure to make an undisputed changes should assist in addressing applicable; (ii) the satisfaction of any payment or delivery to such member certain regulatory concerns of new payment or delivery obligation by FICC that is required under the rules of GSD market participants, including through alternate means as provided in or MBSD, as applicable, provided that registered investment companies, which GSD or MBSD rules, as applicable; (iii) such failure has not been remedied FICC believes will facilitate their the failure of the other division of FICC during the 7 calendar days, and does not participation in FICC’s central to satisfy a payment or delivery fall within the category of exclusions counterparty services and thus facilitate obligation to a clearing member; and (iv) that are enumerated in clause (b)(i), sub- the prompt and accurate clearance and the failure to satisfy any payment or clauses (A), (B) and (C) of the GSD settlement of securities transactions delivery obligation required to be made Default Rule or the MBSD Default Rule, submitted by such market participants. to a clearing member that is solely the as applicable. result of an operational, technological, Fourth, FICC is removing the IV. Conclusion or administrative error or impediment, provisions that provide for a potential provided that FICC possesses sufficient extension of the grace period in a non- On the basis of the foregoing, the funds or assets to satisfy the obligation. insolvency default situation where the Commission concludes that the Additionally, according to FICC, the deadline for a payment or delivery proposal is consistent with the grace period can be extended beyond 90 obligation of FICC has been suspended requirements of the Act, particularly the calendar days under the existing FICC by FICC under either GSD Rule 42 or requirements of Section 17A of the Default Rules in a non-insolvency MBSD Rule 33, as applicable. As a Act,12 and the rules and regulations related default situation where a result, the grace period will commence thereunder. payment or delivery deadline has been on the date FICC receives notice from a It is therefore ordered, pursuant to suspended under GSD Rule 42 or MBSD member of its failure to make an 13 Rule 33, as applicable, in which case the undisputed payment or delivery on the Section 19(b)(2) of the Act, that the 90 calendar day grace period would later due date determined pursuant to proposed rule change (File No. SR– commence on the date FICC receives the suspension. FICC–2014–09) be and hereby is notice from a clearing member of its Fifth, FICC is removing the provisions approved.14 failure to make an undisputed payment that exclude from the scope of what can or delivery on the later due date be considered a non-insolvency related determined pursuant to the suspension. default the failure to satisfy any 9 15 U.S.C. 78s(b)(2)(C). Pursuant to this rule change, as payment or delivery obligation required 10 15 U.S.C. 78q–1(b)(3)(F). approved, FICC is now amending its to be made to a clearing member that is 11 Id. FICC Default Rules in order to more the result of an operational, 12 15 U.S.C. 78q–1. closely align such rules with those of its technological, or administrative error or 13 15 U.S.C. 78s(b)(2). peer central counterparties and to impediment. 14 In approving the proposed rule change, the facilitate the participation of market Sixth, is adding language to the FICC Commission considered the proposal’s impact on participants, including registered Default Rules to clarify that no other efficiency, competition, and capital formation. 15 investment companies, in FICC’s provision within the rules of GSD or U.S.C. 78c(f).

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For the Commission by the Division of published for comment in the Federal operating expenses plus a ‘‘business risk Trading and Markets, pursuant to delegated Register on February 9, 2015.4 The buffer’’ as described below (‘‘Fee authority.15 Commission received eight comment Policy’’), (ii) a policy establishing the Brent J. Fields, letters on OCC’s proposal.5 This amount of the annual refund to clearing Secretary. publication serves as a notice of no members of OCC’s fees (‘‘Refund [FR Doc. 2015–05190 Filed 3–5–15; 8:45 am] objection to proposal discussed in the Policy’’), and (iii) a policy for BILLING CODE 8011–01–P advance notice. calculating the amount of dividends to I. Description of the Advance Notice be paid to the options exchanges owning equity in OCC (‘‘Dividend SECURITIES AND EXCHANGE Pursuant to this advance notice, OCC Policy’’). OCC stated that it intends to COMMISSION is implementing a Capital Plan under implement the Capital Plan on or about which the Stockholder Exchanges will [Release No. 34–74387; File No. SR–OCC– February 27, 2015, subject to all make an additional capital contribution 6 2014–813] necessary regulatory approvals. and commit to replenishment capital OCC states in its proposal that it is Self-Regulatory Organizations; The (‘‘Replenishment Capital’’) in implementing this Capital Plan, in part, Options Clearing Corporation; Notice circumstances discussed below, and to increase significantly OCC’s capital in of No Objection to Advance Notice will receive, among other things, the connection with its increased Filing, as Modified by Amendment No. right to receive dividends from OCC. In responsibilities as a systemically 1, Concerning a Proposed Capital Plan addition to the additional capital important financial market utility. for Raising Additional Capital That contribution and Replenishment OCC’s proposal includes an infusion of Would Support The Options Clearing Capital, the main features of the Capital substantial additional equity capital by Corporation’s Function as a Plan include: (i) A policy establishing the Stockholder Exchanges to be made Systemically Important Financial OCC’s clearing fees at a level that would prior to February 27, 2015, subject to Market Utility be sufficient to cover OCC’s estimated regulatory approval, that when added to retained earnings accumulated by OCC February 26, 2015. (ii) correct typographical errors, and (iii) update the in 2014 will significantly increase Term Sheet included as an exhibit, which On December 29, 2014, The Options OCC’s capital levels as compared to Clearing Corporation (‘‘OCC’’) filed with summarizes material features of the Capital Plan. 4 Securities Exchange Act Release No. 74202 historical levels. Additionally, the the Securities and Exchange (February 4, 2015), 80 FR 7056 (February 9, 2015) proposed change includes the Commission (‘‘Commission’’) the (SR–OCC–2014–813). In conjunction with this Replenishment Capital commitment, advance notice File No. SR–OCC–2014– advance notice, OCC filed a corresponding which will provide OCC with access to 813 pursuant to Section 806(e)(1)(A) of proposed rule change seeking approval of changes to its By-Laws, Certificate of Incorporation and additional equity contributed by the the Payment, Clearing, and Settlement relevant agreements, including its Stockholders Stockholder Exchanges should OCC’s Supervision Act of 2010 (‘‘Payment, Agreement, necessary to implement the Capital equity fall close to or below the amount Clearing and Settlement Supervision Plan. This proposed rule change was published in that OCC determines to be appropriate Act’’) 1 and Rule 19b–4(n)(1)(i) under the Federal Register on January 30, 2015. Securities Exchange Act Release No. 74136 (January 26, 2015), to support its business and manage the Securities Exchange Act of 1934 80 FR 5171 (January 30, 2015) (SR–OCC–2015–02). business risk. 2 (‘‘Act’’). On January 14, 2015, OCC 5 See Letter from Eric Swanson, General Counsel filed Amendment No. 1 to the advance & Secretary, BATS Global Markets, Inc., (February A. Background notice.3 The advance notice was 19, 2015) (‘‘BATS Letter’’); Letter from Tony OCC is a clearing agency registered McCormick, Chief Executive Officer, BOX Options Exchange, (February 19, 2015) (‘‘BOX Letter’’); with the Commission and is also a 15 17 CFR 200.30–3(a)(12). Letter from Howard L. Kramer on behalf of derivatives clearing organization 1 12 U.S.C. 5465(e)(1)(A). The Financial Stability Belvedere Trading, CTC Trading Group, IMC (‘‘DCO’’) regulated in its capacity as Oversight Council designated OCC a systemically Financial Markets, Integral Derivatives, such by the Commodity Futures Trading important financial market utility on July 18, 2012. Susquehanna Investment Group, and Wolverine See Financial Stability Oversight Council 2012 Trading, (February 20, 2015) (‘‘MM Letter’’); Letter Commission (‘‘CFTC’’). OCC is a Annual Report, Appendix A, http:// from Ellen Greene, Managing Director, Financial Delaware business corporation and is www.treasury.gov/initiatives/fsoc/Documents/ Services Operations, SIFMA, (February 20, 2015) owned equally by the Stockholder 2012%20Annual%20Report.pdf. Therefore, OCC is (‘‘SIFMA Letter’’); Letter from James E. Brown, Exchanges, five national securities required to comply with the Payment, Clearing and General Counsel, OCC, (February 23, 2015) Settlement Supervision Act and file advance (responding to BATS Letter and BOX Letter) (‘‘OCC exchanges for which OCC provides notices with the Commission. Letter I’’); Letter from James E. Brown, General clearing services.7 In addition, OCC 2 17 CFR 240.19b–4(n)(1)(i). As the Commission Counsel, OCC, (February 23, 2015) (responding to provides clearing services for seven noted in the notice of filing of the advance notice, MM Letter) (‘‘OCC Letter II’’); Letter from Barbara other national securities exchanges that as modified by Amendment No. 1, OCC stated that J. Comly, Executive Vice President, General Counsel the purpose of this proposal is, in part, to facilitate & Corporate Secretary, Miami International trade options (‘‘Non-Stockholder compliance with proposed Commission rules and Securities Exchange, LLC (February 24, 2015) Exchanges’’). In its capacity as a DCO, address Principle 15 of the Principles for Financial (‘‘MIAX Letter’’); Letter from James E. Brown, OCC provides clearing services to four Market Infrastructures (‘‘PMFIs’’). The proposed General Counsel, OCC, (February 24, 2015) futures exchanges. OCC also has been Commission rules are pending. See Securities (responding to SIFMA Letter) (‘‘OCC Letter III’’). Exchange Act Release No. 71699 (March 12, 2014), Since the proposal was filed as both an advance designated systemically important by 79 FR 29508 (May 22, 2014) (S7–03–14). Therefore, notice and proposed rule change, the Commission the Financial Stability Oversight the Commission has evaluated this advance notice considered all comments received on the proposal, Council pursuant to the Payment, under the Payment, Clearing and Settlement regardless of whether the comments were submitted Clearing and Settlement Supervision Supervision Act and the rules currently in force to the proposed rule change or advance notice. In thereunder. See Securities Exchange Act Release its assessment of the advance notice, the No. 74202 (February 4, 2015), 80 FR 7056 (February Commission assessed whether the issues raised by 6 OCC filed a proposed rule change seeking 9, 2015) (SR–OCC–2014–813) at note 3. the commenters relate to the level or nature of risks approval of changes to its By-Laws, Certificate of 3 According to OCC, OCC filed Amendment No. presented to OCC by the Capital Plan. See Incorporation and relevant agreements, including 1 to: (i) Update OCC’s plan for raising additional comments on the advance notice (File No. SR– its Stockholders Agreement, necessary to capital (‘‘Capital Plan’’) in connection with OCC–2014–813), http://www.sec.gov/comments/sr- implement the Capital Plan. See supra note 4. negotiations between OCC and the options occ-2014-813/occ2014813.shtml and comments on 7 The Stockholder Exchanges are: Chicago Board exchanges that own equity in OCC (‘‘Stockholder the proposed rule change (File No. SR–OCC–2015– Options Exchange, Incorporated; International Exchanges’’ or ‘‘stockholders’’) and that would 02), http://www.sec.gov/comments/sr-occ-2015-02/ Securities Exchange, LLC; NASDAQ OMX PHLX contribute additional capital under the Capital Plan, occ201502.shtml. LLC; NYSE MKT LLC; and NYSE Arca, Inc.

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Act, and the Commission is OCC’s access to additional capital as needed are $234 million/2 = $117 million. The ‘‘Supervisory Agency’’ under Section up to a maximum of the Baseline greater of recovery or wind-down costs 803(8) of the Payment, Clearing and Capital Requirement (‘‘Replenishment and six months of operating expenses is Settlement Supervision Act.8 Capital Amount’’).10 Therefore, OCC’s therefore $117 million, and OCC’s According to OCC, it has devoted Capital Plan will include the following Baseline Capital Requirement substantial efforts during the past year in order to provide OCC in 2015 with (minimum regulatory requirement) is to: (1) Develop a 5-year forward looking ready access to approximately $364 therefore $117 million. According to model of expenses; (2) quantify million in equity capital: OCC, it then computed the appropriate maximum recovery and wind-down amount of a Target Capital Buffer from costs under OCC’s recovery and wind- Baseline Capital Require- operational risk, business risk, and down plan; (3) assess and quantify ment ...... $117,000,000 pension risk, resulting in a OCC’s operational and business risks; Target Capital Buffer ...... $130,000,000 determination that the current Target Target Capital Requirement $247,000,000 (4) model projected capital Capital Buffer should be $130 million. accumulation taking into account Replenishment Capital Amount ...... $117,000,000 Thus, the Target Capital Requirement is varying assumptions concerning $117 million + $130 million = $247 business conditions, fee levels, buffer Total OCC Capital Re- million. margin levels and refunds; and (5) sources ...... $364,000,000 develop an effective mechanism that D. Overview of, and Basis for, OCC’s Proposal To Acquire Additional Equity provides OCC access to replenishment C. Procedures Followed in Order To Capital capital in the event of losses. Determine Capital Requirement Incorporating the results of those efforts, According to OCC, in order to meet its the Capital Plan is intended to provide According to OCC, various measures were used in determining the Target Capital Requirement, and after OCC with the means to increase its consideration of alternatives, OCC’s stockholder equity. appropriate level of capital. An outside consultant conducted a ‘‘bottom-up’’ Board of Directors approved a proposal B. OCC’s Projected Capital Requirement analysis of OCC’s risks and quantified from OCC’s Stockholder Exchanges pursuant to which OCC would meet its According to OCC, using the methods the appropriate amount of capital to be held against each risk. The analysis was Target Capital Requirement of $247 described in detail below, OCC will million in early 2015 as follows: annually determine a target capital comprehensive across risk types, including credit, market, pension, requirement consisting of (i) a baseline Shareholders’ Equity as capital requirement equal to the greatest operation, and business risk. Based on internal operational risk scenarios and of 1/1/2014 ...... $25,000,000 of (x) six months operating expenses for Shareholders Equity Ac- the following year, (y) the maximum loss modeling at or above the 99% cumulated Through cost of the recovery scenario from OCC’s confidence level, OCC’s operational risk Retained Earnings 11 ... $72,000,000 recovery and wind-down plan, and (z) was quantified at $226 million and Additional Contribution the cost to OCC of winding down pension risk at $21 million, resulting in from Stockholder Ex- operations as set forth in the recovery the total Target Capital Requirement of changes ...... $150,000,000 and wind-down plan (‘‘Baseline Capital $247 million. Business risk was addressed by taking into consideration Target Capital Require- Requirement’’), plus (ii) a target capital ment ...... $247,000,000 buffer linked to plausible loss scenarios that OCC has the ability to fully offset potential revenue volatility and manage Replenishment Capital from operational risk, business risk and Amount ...... $117,000,000 pension risk (‘‘Target Capital Buffer’’) business risk to zero by adjusting the (collectively, ‘‘Target Capital levels at which fees and refunds are set Total OCC Capital Requirement’’). OCC determined that and by adopting a Business Risk Buffer Resources ...... $364,000,000 the appropriate Target Capital of 25% when setting fees. Other risks, Requirement is $247 million, reflecting such as counterparty risk and on- The additional contribution of the a Baseline Capital Requirement of $117 balance sheet credit and market risk, Stockholder Exchanges will be made in million, which is equal to six months of were considered to be immaterial for respect of their Class B Common Stock projected operating expenses, plus a purposes of requiring additional capital on a pro rata basis. The Stockholder Target Capital Buffer of $130 million. based on means available to OCC to Exchanges will also commit to provide This Target Capital Buffer would address those risks that did not require additional equity capital up to the provide a significant capital cushion to use of OCC’s capital. As discussed in Replenishment Capital Amount, which offset potential business losses. more detail below in the context of is currently $117 million, in the event According to OCC, it had total OCC’s Fee Policy, the Business Risk Replenishment Capital is needed. While shareholders’ equity of approximately Buffer of 25% is achieved by setting the Replenishment Capital Amount will $25 million as of December 31, 2013,9 OCC’s fees at a level intended to achieve increase as the Baseline Capital meaning that OCC proposes to add target annual revenue that will result in Requirement increases, under OCC’s additional capital of $222 million to a 25% buffer for the year after paying all proposal, it would be capped at a total meet its 2015 Target Capital operating expenses. of $200 million, which could be Requirement. OCC determined that a Additionally, OCC determined that its outstanding at any point in time. OCC viable plan for Replenishment Capital maximum recovery costs would be $100 estimates that the Baseline Capital should provide for a replenishment million and projected wind-down costs Requirement will not exceed this capital amount which would give OCC would be $73 million. OCC projected its amount before 2022. When the limit is expenses for 2015 will be $234 million, 8 12 U.S.C. 5462(8). so that six months projected expenses 11 According to OCC, ‘‘the $72 million is after 9 See OCC 2013 Annual Report, Financial giving effect to the approximately $40 million Statements, Statements of Financial Condition, 10 The obligation to provide Replenishment refund’’ expected to be made for 2014. Securities available on OCC’s Web site, http:// Capital will be capped at $200 million, which OCC Exchange Act Release No. 74202 (February 4, 2015), optionsclearing.com/components/docs/about/ projects will account for increases in its capital 80 FR 7056, 7058 at note 15 (February 9, 2015) (SR– annual-reports/occ_2013_annual_report.pdf. requirements for the foreseeable future. OCC–2014–813).

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being approached, OCC will revise the determined by OCC’s Board of Directors, advisable to permit OCC to meet its Capital Plan as needed to address future effective in the second quarter of 2015. obligations to clearing members and the needs. In consideration for their capital OCC will announce new fee levels early general public. However, OCC states contributions and replenishment in 2015 and will make such fees that these provisions will be used only commitments, the Stockholder effective following notification to in extraordinary circumstances and to Exchanges will receive dividends as clearing members, making any the extent that the Board of Directors described in the Dividend Policy necessary filings, and receiving any has determined that the required discussed below for so long as they necessary approvals from the amount of such additional reserves or remain stockholders, and maintain their Commission. OCC will endeavor to additional surplus will exceed the full contributed capital and commitment to provide clearing members with no less amount that will be accumulated replenish capital up to the than 60-day notice in advance of the through the Business Risk Buffer (prior Replenishment Capital Amount, subject effectiveness of changes to fee levels, to payment of refunds or dividends) so to the $200 million cap. particularly those that result in OCC’s fees will ordinarily be based on increases to fee levels. No dividends its projected operating expenses and the E. Fee, Refund, and Dividend Policies will be declared until December 2015 Business Risk Buffer of 25%. Upon reaching the Target Capital and no dividends will be paid until Under the advance notice proposal, Requirement, the Capital Plan requires 2016. OCC will use the following formula to OCC to set its fees at a level that utilizes Changes to the Fee, Refund or calculate its annual revenue target as a Business Risk Buffer of 25%. The Dividend Policies will require the follows: purpose of this Business Risk Buffer is affirmative vote of two-thirds of the Annual Revenue Target = Forward 12 to ensure that OCC accumulates directors then in office and approval of Months Expense Forecast/(1-.25). sufficient capital to cover unexpected the shareholders of all of OCC’s Because OCC’s clearing fee schedules fluctuations in operating expenses, outstanding Class B Common Stock. The typically reflect different rates for business capital needs, and regulatory formulas for determining the amount of different categories of transactions, fee capital requirements. Furthermore, the refunds and dividends under the projections will include projections as Capital Plan requires OCC to maintain Refund and Dividend Policies, to relative volume in each such Fee, Refund, and Dividend Policies, respectively, which are described in category. The clearing fee schedule will described in more detail below, which more detail below, are based on, among therefore be set to achieve a blended or are designed to ensure that OCC’s other things, the current tax treatment of average rate per contract sufficient, shareholders’ equity remains well above refunds as a deductible expense. The when multiplied by total projected the Baseline Capital Requirement. Refund and Dividend Policies will contract volume, to achieve the Annual The required Business Risk Buffer of provide that in the event that refunds Revenue Target. Under extraordinary 25% is below OCC’s 10-year historical payable under the Refund Policy are not circumstances, OCC will add any pre-refund average buffer of 31%. The tax deductible, the policies would be amount determined to be necessary for additional reserves or surplus and target will remain 25% so long as OCC’s amended to restore the relative divide the resulting number by the shareholders’ equity remains above the economic benefits between the projected contract volume to determine Target Capital Requirement amount. recipients of the refunds and the the applicable average fee per cleared The reduction in buffer margin from Stockholder Exchanges. contract needed to achieve the OCC’s 10-year average of 31% to 25% 1. Fee Policy additional amounts required. Consistent reflects OCC’s commitment to operating Under the Fee Policy, in setting fees with past practice, OCC will notify its as an industry utility and ensuring that each year, OCC will calculate an annual clearing members of the fees OCC market participants benefit as much as revenue target based on a forward determines it will apply for any possible from OCC’s operational twelve months expense forecast divided particular period by describing the efficiencies in the future. This reduction by the difference between one and the change in an information memorandum will permit OCC to charge lower fees to Business Risk Buffer of 25% (i.e., OCC distributed to all clearing members. market participants rather than will divide the expense forecast by .75). Consistent with past practice, OCC also maximize refunds to clearing members Establishing a Business Risk Buffer at will notify regulators of the fees it and dividend distributions to 25% will allow OCC to manage the risk determines would apply for any Stockholder Exchanges. OCC will that fees may generate less revenue than particular period by filing an review its fee schedule on a quarterly expected due to lower-than-expected amendment to its schedule of fees as a basis to manage revenue as closely to trading volume or other factors, or that proposed rule change for immediate this target as possible.12 For example, if expenses may be higher than projected. effectiveness under Section 19(b)(3)(A) the Business Risk Buffer is materially The Fee Policy also will include of the Act and Rule 19b–4(f)(2) above 25% after the first quarter of a provisions from existing Article IX, thereunder. particular year, OCC may decrease fees Section 9, of OCC’s By-Laws to for the remainder of the year, and effectively state that the fee schedule 2. Refund Policy conversely if the Business Risk Buffer is also may include additional amounts Under the Refund Policy, except at a materially below 25% at this time, OCC necessary to (i) maintain such reserves time when Replenishment Capital is may increase fees for the remainder of as are deemed reasonably necessary by outstanding as described below, OCC the year. OCC’s Board of Directors to provide will declare a refund to clearing The Capital Plan will allow OCC to facilities for the conduct of OCC’s members in December of each year, refund approximately $40 million from business and to conduct development beginning in 2015, in an amount equal 2014 fees to clearing members in 2015 and capital planning activities in to 50% of the excess, if any, of (i) the and to reduce fees in an amount to be connection with OCC’s services to the pre-tax income for the year prior to the options exchanges, clearing members refund over (ii) the sum of (x) the 12 If OCC’s fee schedule needs to be changed in order to achieve the 25% Business Risk Buffer, OCC and the general public, and (ii) amount of pre-tax income after the would file a proposed rule change seeking approval accumulate such additional surplus as refund necessary to produce after-tax of the revised fee schedule. the Board of Directors may deem income sufficient to maintain

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shareholders’ equity at the Target payment does not result in total Policy, and Dividend Policy. Because of Capital Requirement for the following shareholders’ equity falling below the the Business Risk Buffer being set at year plus (y) the amount of pre-tax Target Capital Requirement, and (ii) 25%, the combination of the Fee, income after the refund necessary to such payment is otherwise permitted by Refund and Dividend Policies will fund any additional reserves or applicable Delaware law and applicable effectively cap the dividends to be paid additional surplus not already included federal laws and regulations. If to the Stockholder Exchanges at a level in the Target Capital Requirement. Such Replenishment Capital has been that OCC’s Board of Directors (with the refund will be paid in the year following contributed and remains outstanding, advice of outside financial experts) has the declaration after the issuance of OCC would not pay dividends until determined results in a reasonable rate OCC’s audited financial statements, such time as the Target Capital of return on contributed capital, provided that (i) the payment does not Requirement is restored. particularly in comparison to the result in total shareholders’ equity implied cost of capital to the clearing F. OCC’s Status as an Industry Utility falling below the Target Capital members and their customers of an Requirement, and (ii) such payment is According to OCC, OCC has always alternative approach considered by the otherwise permitted by applicable been operated on an ‘‘industry utility’’ Board of Directors that would require Delaware law and applicable federal model. The Stockholder Exchanges have the accumulation of retained earnings laws and regulations. OCC will not be contributed only minimal capital to through higher fees and no refunds for able to pay a refund on a particular date OCC.13 OCC’s By-Laws currently require several years. OCC will continue to unless dividends were paid on the same that OCC set its clearing fees at a level refund a percentage of excess clearing date. If Replenishment Capital has been that is designed to cover operating fees to clearing members, thereby contributed and remains outstanding, expenses and to maintain such reserves benefiting both clearing members and OCC will not pay refunds until such and accumulate such additional capital their customers. time as the Target Capital Requirement as are deemed reasonably necessary for OCC believes that the Capital Plan is restored through the accumulation of OCC to meet its obligations to its therefore effectively preserves OCC’s retained earnings. Refunds in clearing members and the public. industry utility model of providing its accordance with the Refund Policy will Clearing fees that are collected in excess services in an efficient manner, while resume once the Target Capital of these amounts are refunded annually also enhancing the benefits to the end Requirement is restored and all on a pro rata basis to the clearing user customers by charging lower initial Replenishment Capital is repaid in full, members that paid them. Under this fees due to the decrease in the buffer provided that the restoration of the model, OCC has never paid dividends to margin from OCC’s 10-year average of Target Capital Requirement and the the Stockholder Exchanges, but has paid 31% to 25%. OCC states that it believes repayment of Replenishment Capital significant refunds to clearing members clearing members and customers will occurred within 24 months of the each year. OCC is aware that some benefit from the proposed Capital Plan issuance date of the Replenishment portion of those refunds may not be because the plan will allow OCC to Capital. If within 24 months of the passed through by the clearing members continue to provide clearing services at issuance date of any Replenishment to their end user customers. low cost, including through a significant Capital, such Replenishment Capital has Accordingly, OCC believes that by refund of 2014 fees, a reduction of fees not been repaid in full or shareholders’ adopting an approach that pays beginning in 2015 and projected equity has not been restored to the dividends to the Stockholder continuing refunds and lower fees for Target Capital Requirement, OCC will Exchanges, which have invested a the foreseeable future. no longer pay refunds to clearing significant amount of additional capital According to OCC, it believes that members, even if the Target Capital ($150 million), but that reduces the Stockholder Exchanges will benefit from Requirement is restored and all historical pre-refund average buffer of the dividend they receive and, perhaps Replenishment Capital is repaid at a 31% by adopting a Business Risk Buffer more importantly, they will be assured later date. of 25%, the approach outlined in its that OCC is in a position to provide Capital Plan maintains, and perhaps clearing services for their markets on an 3. Dividend Policy better aligns with, an industry utility on-going basis within the same basic The Dividend Policy provides that, model. structure that has served these markets except at a time when Replenishment According to OCC, given the very well since their inception and without Capital is outstanding, OCC will declare large increase in capital that OCC has the need to radically change the a dividend on its Class B Common Stock determined to be appropriate and to structure to address potential demands in December of each year in an aggregate meet the increased responsibilities of outside equity investors. Non- amount equal to the excess, if any, of (i) imposed upon it as a systemically Stockholder Exchanges also will benefit after-tax income for the year, after important financial market utility, OCC by continuing to receive OCC’s clearing application of the Refund Policy (unless has decided that the best alternative services for their products on the same the Refund Policy has been eliminated, available to it is to obtain a substantial basis as they presently do.14 in which case the refunds shall be further capital contribution from the OCC also believes that the Capital deemed to be $0) over (ii) the sum of (A) Stockholder Exchanges. OCC believes Plan will better align the interests of the amount required to be retained in that this cannot be accomplished Stockholder Exchanges and clearing order to maintain total shareholders’ without modification of the past members with respect to expenses, equity at the Target Capital Requirement practice of not providing dividends to because changes to the level of for the following year, plus (B) the stockholders. Accordingly, OCC is operating expenses directly affect the amount of any additional reserves or establishing a new Fee Policy, Refund Target Capital Requirement. In short, additional surplus not already included in the Target Capital Requirement. Such 13 According to OCC, its common stock and paid 14 According to OCC, Non-Stockholder Exchanges dividend will be paid in the year in capital total $2,659,999. See OCC 2013 Annual contribute capital by purchasing a promissory note Report, Financial Statements, Statements of in the principal amount of $1,000,000. See Section following the declaration after the Financial Condition, available on OCC’s Web site, 2 of Article VIIB of OCC’s By-Laws. The required issuance of OCC’s audited financial http://optionsclearing.com/components/docs/ Capital Contribution of Non-Stockholder exchanges statements, provided that (i) the about/annual-reports/occ_2013_annual_report.pdf. will not change under the Capital Plan.

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OCC believes that the present proposal The Replenishment Capital Plan is a subject to the Cap Formula. If the Board represents a fair and reasonable component of OCC’s overall Capital of Directors decides to attempt a balancing of the interests of the Plan. In implementing the recovery of OCC’s capital and business, Stockholder Exchanges, the other Replenishment Capital Plan, OCC’s OCC will access the Replenishment exchanges for which OCC provides management would monitor OCC’s Capital in an amount sufficient to return clearing services, clearing members, levels of shareholders’ equity to identify shareholders’ equity to an amount equal customers, and the general public while certain triggers, or reduced capital to $20 million above the Hard Trigger providing an immediate infusion of levels, that might require action. OCC Threshold, subject to the Cap Formula. capital and a structure within which has identified two key triggers—a soft While Replenishment Capital is OCC can meet its obligations to the trigger and a hard trigger—and proposes outstanding, no refunds or dividends public as a systemically important that OCC will take certain steps upon will be paid and, if any Replenishment financial market utility. the occurrence of either. The ‘‘soft Capital remains outstanding for more trigger’’ for re-evaluating OCC’s capital than 24 months or the Target Capital G. Replenishment Capital Plan will occur if OCC’s shareholders’ equity Requirement is not restored during that OCC is establishing a Replenishment falls below the sum of (i) the Baseline period, changes to how OCC calculates Capital Plan whereby OCC’s Capital Requirement and (ii) 75% of the refunds and dividends may be necessary Stockholder Exchanges are obligated to Target Capital Buffer. The soft trigger (as described in more detail in OCC’s provide on a pro rata basis a committed will be a warning sign that OCC’s Refund Policy and Dividend Policy). In amount of Replenishment Capital capital had fallen to a level that requires addition, while Replenishment Capital should OCC’s total shareholders’ equity attention and responsive action to is outstanding, OCC will first utilize the fall below the hard trigger, as described prevent it from falling to unacceptable entire amount of available funds to below.15 The aggregate committed levels. Upon a breach of the soft trigger, repurchase, on a pro rata basis from amount for all five Stockholder OCC’s senior management and OCC’s each Stockholder Exchange, to the Exchanges in the form of Replenishment Board of Directors will review extent permitted by applicable Delaware Capital that could be outstanding at any alternatives to increasing capital, and and federal law and regulations, time will be capped at the excess of (i) take appropriate action as necessary, outstanding shares of Class C Common the lesser of (A) the Baseline Capital including increasing fees or decreasing Stock as soon as practicable after Requirement, which is currently $117 expenses, to restore shareholders’ equity completion of the financial statements million, at the time of the relevant to the Target Capital Requirement. following the end of each calendar funding, or (B) $200 million, over (ii) The ‘‘hard trigger’’ for making a quarter at a price equal to the original amounts of outstanding Replenishment mandatory Replenishment Capital call amount paid for such shares, plus an Capital (‘‘Cap Formula’’). The $200 will occur if shareholders’ equity falls additional ‘‘gross up’’ amount to million figure in the Cap Formula takes below 125% of the Baseline Capital compensate the holders of the Class C into account projected growth in the Requirement (‘‘Hard Trigger Common Stock for taxes on dividend Baseline Capital Requirement for the Threshold’’). OCC considers that a income (if any) that they may have to foreseeable future. The commitment to breach of the Hard Trigger Threshold is recognize as a result of such provide Replenishment Capital will not a sign that significant corrective action, repurchase.17 For this purpose, be limited by time, but rather only by with a more immediate impact than ‘‘Available Funds’’ will equal, as of the the Cap Formula. Replenishment increasing fees or decreasing expenses, end of any calendar quarter, the excess, Capital will be called in whole or in part should be taken to increase OCC’s if any, of (x) shareholders’ equity over after the occurrence of a ‘‘hard trigger’’ capital, either as part of a recovery plan (y) the Minimum Replenishment Level. event described below. If the Baseline or a wind-down plan for OCC’s The ‘‘Minimum Replenishment Level’’ Capital Requirement approaches or business. OCC’s shareholders’ equity will mean $20 million above the Hard exceeds $200 million, OCC’s Board of will have to fall more than $100,000,000 Trigger Threshold, so that OCC’s Directors may consider, as part of its below the fully funded capital amount shareholders’ equity will remain at or annual review of the Replenishment described above in order to breach the above the Minimum Replenishment Capital Plan, alternative arrangements to Hard Trigger Threshold. As a result, Level after giving effect to the obtain replenishment capital in excess OCC views the breach of the Hard repurchase. of the $200 million committed under Trigger Threshold as unlikely and According to OCC, the capital base the Replenishment Capital Plan. In occurring only as a result of a described above will permit OCC to addition, the Refund Policy and the significant, unexpected event. In the hold at all times cash and other assets Dividend Policy will provide that, in the event of such a breach, OCC’s Board of of high quality and sufficiently liquid to absence of obtaining any such Directors must determine whether to allow OCC to meet its current and alternative arrangements, the amount of attempt a recovery, a wind-down of projected operating expenses under a the difference will be subtracted from OCC’s operations, or a sale or similar range of scenarios, including adverse amounts that would otherwise be transaction, subject in each case to any market conditions. OCC expects it will available for the payment of refunds and necessary stockholder consent.16 If the hold at all times liquid net assets dividends. Board of Directors decides to wind- funded by equity sufficient to cover Replenishment Capital contributed to down OCC’s operations, OCC will potential general business losses so that OCC under the Replenishment Capital access the Replenishment Capital in an OCC can continue operations and Plan will take the form of a new class amount sufficient to fund the wind- services as a going concern if those of common stock (‘‘Class C Common down, as determined by the Board and losses materialize, which assets will Stock’’) of OCC to be issued to the always be greater than either (x) six Stockholder Exchanges solely in 16 The requirement for stockholder consent would months of the covered clearing agency’s exchange for Replenishment Capital arise under OCC’s Restated Certificate of contributions. Incorporation, which would provide that any 17 According to OCC, based on current federal tax decision to attempt a recovery would require rates, if the full amount of the payment is classified separate approval by the stockholders, while a as a dividend and the recipient is entitled to a 15 The Replenishment Capital Plan is a decision to wind-down would require separate dividends received deduction, this gross up is component of the Capital Plan. approval by the stockholders. estimated to be approximately 12% of the payment.

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current operating expenses, or (y) the fund clearing fund deficiencies through and financial institutions engaged in amount determined by the Board of additional retained earnings rather than designated activities for which it is the Directors to be sufficient to ensure a risk having to fund their required supervisory agency or the appropriate recovery or orderly wind-down of Replenishment Capital commitment.24 financial regulator. Section 805(b) of the critical operations and services. These As a result, this commenter believes that Payment, Clearing and Settlement assets will be held in addition to the Replenishment Capital Plan may Supervision Act 33 states that the resources held to cover participant create a misalignment of interests objectives and principles for the risk defaults, among other risks.18 between the Stockholder Exchanges and management standards prescribed under clearing members, which could in turn Section 805(a) shall be to: II. Summary of Comments Received create an imbalance in the management • Promote robust risk management; The Commission received five of certain risks.25 • promote safety and soundness; comment letters on OCC’s proposal and OCC asserts in its response that these • reduce systemic risks; and three comment letters from OCC concerns regarding Replenishment • support the stability of the broader responding to the issues raised by the Capital are misplaced.26 OCC contends financial system. commenters.19 Three of the five that its By-Laws provide that in lieu of After carefully considering OCC’s commenters generally supported OCC’s charging a loss or deficiency proposal, the comments received, and need to raise additional capital,20 but all proportionately to the clearing fund OCC’s responses thereto, the five commenters opposed how the computed contributions of non- Commission finds that OCC’s Capital Capital Plan raised the additional defaulting clearing members, OCC may, Plan is consistent with the objectives capital.21 After careful review of those in its discretion, and subject to the and principles described in Section comments, the Commission has unanimous approval of the holders of 805(b) of the Payment, Clearing and determined that most of the issues Class A Common Stock and Class B Settlement Supervision Act.34 raised by the commenters do not relate Common Stock, elect to charge such loss While most of the issues raised by the to the nature or level of risks presented or deficiency in whole or in part to commenters do not relate to the nature by OCC. OCC’s current earning or retained or level of risks presented by OCC, one One commenter, however, raised the earnings.27 Accordingly, OCC considers commenter raised a specific concern issue that the Replenishment Capital the net effect of its Replenishment with respect to OCC’s Replenishment Plan may create a misalignment of Capital Plan to be simply a timing effect, Capital Plan. The Commission, interests between the exchanges and with Replenishment Capital treated as however, believes that OCC’s Capital clearing members, which could in turn an advance against the refunds to which Plan, when considered in its totality, create an imbalance in the management Stockholder Exchanges otherwise would does not adversely change the nature or of certain risks.22 Specifically, this have been entitled.28 OCC contends that level of risks presented by OCC. commenter stated that because no it is neither the purpose nor the effect Although this commenter alleged a refunds are paid to clearing members of the Replenishment Capital Plan to potential misalignment of interests while any portion of that Replenishment shift the potential loss from a clearing between the Stockholder Exchanges and Capital remains outstanding and that member default, which has always been clearing members when Replenishment refunds are discontinued permanently if mutualized, so long as OCC remains Capital is outstanding, decisions made the Replenishment Capital remains solvent.29 regarding the capitalization of OCC are outstanding for two years, the plan made by the Board of Directors. OCC’s effectively uses the fees to maximize III. Discussion and Commission By-Laws address the use of capital to and prioritize the dividends payable to Findings cover clearing member defaults in lieu the Stockholder Exchanges, which is at Although the Payment, Clearing and of using the clearing fund and address the expense of the clearing members.23 Settlement Supervision Act does not the power of the Board of Directors to Further, this commenter notes that the specify a standard of review for an make decisions in such circumstances. proposed amendments to OCC’s By- advance notice, its stated purpose is Further, the Board of Directors’ Laws would allow the Stockholder instructive.30 The stated purpose is to obligations under corporate law will Exchanges to manage the risk of their mitigate systemic risk in the financial require the Board of Directors to revisit Replenishment Capital being required system and promote financial stability on a periodic basis material provisions by determining whether retained by, among other things, promoting of the Capital Plan in the future, earnings could be used to compensate uniform risk management standards for including those related to decisions for a loss or deficiency in the clearing systemically-important financial market regarding Replenishment Capital, and to fund, thereby also allowing the utilities and strengthening the liquidity review any credible new capital Stockholder Exchanges to determine to of systemically important financial proposals that may be brought forward market utilities.31 by management or members of the 18 OCC stated that these assets will be held in Section 805(a)(2) of the Payment, Board of Directors from time to time. addition to resources held to cover participant Clearing and Settlement Supervision The Commission believes such defaults or other risks covered under certain credit Act 32 authorizes the Commission to risk standards and liquidity risk standards set forth processes create a reasonable in proposed Commission rules. See Securities prescribe risk management standards for expectation that the potential concerns Exchange Act Release No. 74202 (February 4, 2015), the payment, clearing, and settlement described by the commenter can be 80 FR 7056 (February 9, 2015) (SR–OCC–2014–813). activities of designated clearing entities 19 The Commission received one comment letter controlled by OCC, and therefore the on the proposed rule change and advance notice Commission agrees with OCC that the 24 Id. (See SIFMA Letter) and four comment letters on the 25 commenter’s contentions regarding the proposed rule change only (See BOX Letter; BATS Id. purpose and use of the Replenishment Letter; MM Letter; and MIAX Letter). See supra note 26 See OCC Letter III. 5. 27 Id. Capital are misplaced. 20 See BOX Letter; SIFMA Letter; and MM Letter. 28 Id. The Capital Plan will provide OCC 21 See BOX Letter; SIFMA Letter; BATS Letter; 29 Id. with an immediate injection of capital MM Letter; and MIAX Letter. 30 See 12 U.S.C. 5461(b). 22 See SIFMA Letter. 31 Id. 33 12 U.S.C. 5464(b). 23 Id. 32 12 U.S.C. 5464(a)(2). 34 Id.

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and future committed capital to help the Securities and Exchange these purposes and requested that ensure that it can continue to provide its Commission (the ‘‘Commission’’) the proposed rule changes be filed that clearing services if it suffers business proposed rule change as described in disclose such information.5 The stated losses as a result of a decline in Items I and II below, which Items have goal of disclosing this information was revenues or otherwise. Given that OCC been prepared by the self-regulatory to provide broker-dealers and investors has been designated as a systemically organization. The Commission is with enhanced transparency to better important financial market utility, publishing this notice to solicit assess the quality of an exchange’s OCC’s ability to provide its clearing comments on the proposed rule change execution and routing services. services if it suffers business losses from interested persons. On July 18, 2014, in response to the contributes to reducing systemic risks above request, the Exchange filed a I. Self-Regulatory Organization’s and supporting the stability of the proposed rule change that clarified the Statement of the Terms of Substance of broader financial system. In so doing, Exchange’s use of certain data feeds for the Proposed Rule Change OCC’s Capital Plan is consistent with order handling and execution, order the objectives of Section 805(b) of the The Exchange proposes to specify in routing, and regulatory compliance.6 As Payment, Clearing and Settlement Exchange rules the Exchange’s use of noted in that filing, the data feeds Supervision Act, 35 which are to certain data feeds for order handling available for the purposes of order promote robust risk management, and execution, order routing, and handling and execution, order routing, promote safety and soundness, reduce regulatory compliance. The text of the and regulatory compliance at the systemic risks, and support the stability proposed rule change is available on the Exchange include the exclusive of the broader financial system. Exchange’s Web site at www.nyse.com, securities information processor (‘‘SIP’’) at the principal office of the Exchange, data feeds 7 or proprietary data feeds IV. Conclusion and at the Commission’s Public from individual market centers (‘‘Direct It is therefore noticed, pursuant to Reference Room. Feed’’). Section 806(e)(1)(I) of the Payment, SEC staff has requested that the II. Self-Regulatory Organization’s Clearing and Settlement Supervision Statement of the Purpose of, and Exchange file a supplemental proposed Act,36 that the Commission does not Statutory Basis for, the Proposed Rule rule change to specify in Exchange rules object to advance notice proposal (File Change which data feeds the Exchange uses for No. SR–OCC–2014–813) and that OCC is the above-described purposes. authorized to implement the proposal as In its filing with the Commission, the Accordingly, the Exchange is filing this of the date of this notice or the date of self-regulatory organization included proposed rule change. an order by the Commission approving statements concerning the purpose of, At the time of the July 2014 Data Feed a proposed rule change that reflects rule and basis for, the proposed rule change Filing, the Exchange used only the SIP changes that are consistent with this and discussed any comments it received data feeds for BATS Y-Exchange, Inc., advance notice proposal (File No. SR– on the proposed rule change. The text Chicago Stock Exchange, Inc., and OCC–2015–02), whichever is later. of those statements may be examined at NYSE MKT LLC and uses a combination the places specified in Item IV below. By the Commission. of Direct Feeds and the SIP data feeds The Exchange has prepared summaries, for the other exchanges trading NMS Jill M. Peterson, set forth in sections A, B, and C below, Assistant Secretary. stocks, i.e., BATS Exchange, Inc., EDGA of the most significant parts of such Exchange, Inc., EDGX Exchange, Inc. [FR Doc. 2015–05117 Filed 3–5–15; 8:45 am] statements. NASDAQ OMX BX LLC, NASDAQ BILLING CODE 8011–01–P A. Self-Regulatory Organization’s OMX PHLX LLC, NASDAQ Stock Statement of the Purpose of, and Market LLC and New York Stock 8 SECURITIES AND EXCHANGE Statutory Basis for, the Proposed Rule Exchange LLC. These data feeds are COMMISSION Change used by the Exchange to:

[Release No. 34–74409; File No. SR– 1. Purpose 5 See Letter from James Burns, Deputy Director, NYSEARCA–2015–11] On June 5, 2014, in a speech entitled Division of Trading and Markets, Securities and ‘‘Enhancing Our Market Equity Exchange Commission, to Jeffrey C. Sprecher, Chief Self-Regulatory Organizations; NYSE Executive Officer, Intercontinental Exchange, Inc., Structure,’’ Mary Jo White, Chair of the Arca, Inc.; Notice of Filing and dated June 20, 2014. Securities and Exchange Commission 6 Immediate Effectiveness of Proposed See Securities Exchange Act Release No. 72708 (‘‘SEC’’ or the ‘‘Commission’’) requested (July 29, 2014), 79 FR 45572 (Aug. 5, 2014) (SR– Rule Change Specifying in Exchange the equity exchanges to file with the NYSEArca–2014–82) (‘‘July 2014 Data Feed Rules the Exchange’s Use of Certain Commission the data feeds used for Filing’’). 7 The SIP feeds are disseminated pursuant to Data Feeds for Order Handling and purposes of (1) order handling and Execution, Order Routing, and effective joint-industry plans as required by Rule execution (e.g., with pegged or midpoint 603(b) of Regulation NMS. 17 CFR 242.603(b). The Regulatory Compliance orders); (2) order routing, and (3) three joint-industry plans are: (1) The CTA Plan, regulatory compliance, if applicable.4 which is operated by the Consolidated Tape March 2, 2015. Association and disseminates transaction Pursuant to section 19(b)(1) 1 of the Subsequent to the Chair’s speech, the information for securities with the primary listing Securities Exchange Act of 1934 (the Division of Trading and Markets stated market on exchanges other than NASDAQ Stock ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 that it ‘‘believes there is a need for Market LLC (‘‘Nasdaq’’): (2) The CQ Plan, which clarity regarding whether (1) the SIP disseminates consolidated quotation information notice is hereby given that, on February for securities with their primary listing on 24, 2015, NYSE Arca, Inc. (the data feeds, (2) proprietary data feeds, or exchanges other than Nasdaq; and (3) the Nasdaq ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with (3) a combination thereof,’’ are used for UTP Plan, which disseminates consolidated transaction and quotation information for securities 4 with their primary listing on Nasdaq. 35 12 U.S.C. 5464(b). See Mary Jo White, Chair, Securities and Exchange Commission, Speech at the Sandler, 8 The Exchange notes that because the FINRA 36 12 U.S.C. 5465(e)(1)(I). O’Neill & Partners, L.P. Global Exchange and Alternate Display Facility (‘‘ADF’’) does not 1 15 U.S.C. 78s(b)(1). Brokerage Conference (June 5, 2014) (available at currently display any quotations, the Exchange does 2 15 U.S.C. 78a. www.sec.gov/News/Speech/Detail/Speech/ not need any data feeds to provide it with ADF 3 17 CFR 240.19b–4. 1370542004312#.U5HI-fmwJiw). quotes.

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• Determine protected quotations on • Determine the national best bid single price level into round lot markets other than the Exchange for (‘‘NBB’’) for purposes of complying with quotations. purposes of compliance with Rule 611 Rule 201 of Regulation SHO and NYSE The Exchange proposes to add new and Rule 610(d), including identifying Arca Equities Rule 7.16(f).11 Commentary .01 to NYSE Arca Equities where to route ISOs, to calculate the The Exchange notes that when it Rule 7.37, which would state the protected best bid or offer (‘‘PBBO’’) or routes interest to a protected quotation, following: national best bid or offer (‘‘NBBO’’) for the Exchange adjusts the PBBO. In purposes of order types that are priced (a) The Exchange uses the following based on the PBBO or NBBO; 9 addition, when calculating the PBBO or data feeds for the handing, execution, • Route interest pursuant to NYSE NBBO, the Exchange aggregates odd-lot and routing of orders, as well as for Arca Equities Rule 7.37(d)(2); 10 and interest available on Direct Feeds at a regulatory compliance:

Market center Primary source Secondary source

BATS Exchange, Inc...... Direct Feed ...... SIP Data Feed. BATS Y-Exchange, Inc...... Direct Feed ...... SIP Data Feed. Chicago Stock Exchange, Inc...... SIP Data Feed ...... n/a. EDGA Exchange, Inc...... Direct Feed ...... SIP Data Feed. EDGX Exchange, Inc...... Direct Feed ...... SIP Data Feed. NASDAQ OMX BX LLC ...... Direct Feed ...... SIP Data Feed. NASDAQ OMX PHLX LLC ...... Direct Feed ...... SIP Data Feed. NASDAQ Stock Market LLC ...... Direct Feed ...... SIP Data Feed. New York Stock Exchange LLC ...... Direct Feed ...... SIP Data Feed. NYSE MKT LLC ...... Direct Feed ...... SIP Data Feed.

As noted above, at the time of the July general, to protect investors and the III. Date of Effectiveness of the 2014 Data Feed Filing, the Exchange public interest. The Exchange believes Proposed Rule Change and Timing for was using the SIP Data Feed for BATS that the proposed rule change removes Commission Action Y-Exchange, Inc. and NYSE MKT LLC. impediments to and perfects the Because the proposed rule change The Exchange has since changed its data mechanism of a free and open market does not (i) significantly affect the sources for those markets, and as because it provides enhanced protection of investors or the public reflected above, now uses the Direct transparency to better assess the quality interest; (ii) impose any significant Feed as the primary source for those of an exchange’s execution and routing burden on competition; and (iii) become markets. services. operative for 30 days from the date on The Exchange further proposes to which it was filed, or such shorter time B. Self-Regulatory Organization’s specify in new Commentary .02 to Rule as the Commission may designate, the Statement on Burden on Competition 7.37 that the Exchange receives data proposed rule change has become feeds directly from broker dealers for The Exchange does not believe that effective pursuant to section 19(b)(3)(A) 14 purposes of routing interest pursuant to the proposed rule change will impose of the Act and Rule 19b–4(f)(6) 15 NYSE Arca Equities Rule 7.37(d)(2). any burden on competition that is not thereunder. A proposed rule change filed 2. Statutory Basis necessary or appropriate in furtherance pursuant to Rule 19b–4(f)(6) under the of the purposes of the Act. The The proposed rule change is Act 16 normally does not become proposed change is not designed to consistent with section 6(b) of the operative for 30 days after the date of its address any competitive issue but rather Securities Exchange Act of 1934 (the filing. However, Rule 19b–4(f)(6)(iii) 17 ‘‘Act’’),12 in general, and furthers the would provide the public and investors permits the Commission to designate a objectives of section 6(b)(5),13 in with information about which data shorter time if such action is consistent particular, because it is designed to feeds the Exchange uses for execution with the protection of investors and the prevent fraudulent and manipulative and routing decisions. public interest. The Exchange has asked acts and practices, to promote just and C. Self-Regulatory Organization’s the Commission to waive the 30-day equitable principles of trade, to foster Statement on Comments on the operative delay so that the proposal may cooperation and coordination with Proposed Rule Change Received From become operative immediately upon persons engaged in facilitating Members, Participants, or Others filing. The Exchange stated that waiver transactions in securities, to remove of the operative delay will permit the impediments to, and perfect the No written comments were solicited Exchange to immediately provide the mechanism of, a free and open market or received with respect to the proposed enhanced transparency in Exchange and a national market system and, in rule change. rules. The Commission believes the

9 The NBBO is defined as the best bid and best Exchange and is not designated as a PNP Order, 13 15 U.S.C. 78f(b)(5). offer of an NMS security. 17 CFR 242.600(b)(3). The IOC, MPL Order, or Intermarket Sweep Order, it 14 15 U.S.C. 78s(b)(3)(A). Exchange notes that the NBBO may differ from the will be routed for execution. 15 17 CFR 240.19b–4(f)(6). As required under Rule PBBO because the NBBO includes Manual 11 NYSE Arca Equities Rule 7.16(f) requires that 19b–4(f)(6)(iii), the Exchange provided the Quotations, which are defined as any quotation Exchange systems not execute or display a short Commission with written notice of its intent to file other than an automated quotation. 17 CFR sale order with respect to a covered security at a the proposed rule change, along with a brief 242.600(b)(37). By contrast, a protected quotation is price that is less than or equal to the current NBB description and the text of the proposed rule an automated quotation that is the best bid or offer if the price of that security decreases by 10% or change, at least five business days prior to the date of a national securities exchange. 17 CFR more, as determined by the Exchange, from the of filing of the proposed rule change, or such 242.60)(b)(57)(iii). security’s closing price on the Exchange at the end shorter time as designated by the Commission. 10 NYSE Arca Equities Rule 7.37(d)(2) specifies of regular trading hours on the prior day. 16 17 CFR 240.19b–4(f)(6). that if an order has not been executed on the 12 15 U.S.C. 78f(b). 17 17 CFR 240.19b–4(f)(6)(iii).

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waiver of the operative delay is provisions of 5 U.S.C. 552, will be their securities under the Securities Act consistent with the protection of available for Web site viewing and of 1933 (15 U.S.C. 77a et seq.). Section investors and the public interest. printing in the Commission’s Public 5 of the Securities Act (15 U.S.C. 77e) Therefore, the Commission hereby Reference Room, 100 F Street NE., requires the filing of a registration waives the operative delay and Washington, DC 20549, on official statement prior to the offer of securities designates the proposal operative upon business days between the hours of to the public and that the registration filing.18 10:00 a.m. and 3:00 p.m. Copies of the statement be effective before any At any time within 60 days of the filing also will be available for securities are sold, and Section 8 of the filing of the proposed rule change, the inspection and copying at the principal Investment Company Act (15 U.S.C. Commission summarily may office of the Exchange. All comments 80a–8) provides for the registration of temporarily suspend such rule change if received will be posted without change; investment companies. Pursuant to it appears to the Commission that such the Commission does not edit personal Form N–4, separate accounts organized action is necessary or appropriate in the identifying information from as unit investment trusts that offer public interest, for the protection of submissions. You should submit only variable annuity contracts provide investors, or otherwise in furtherance of information that you wish to make investors with a prospectus and a the purposes of the Act. If the available publicly. All submissions statement of additional information Commission takes such action, the should refer to File Number SR– covering essential information about a Commission shall institute proceedings NYSEARCA–2015–11 and should be separate account. Section 5(b) of the to determine whether the proposed rule submitted on or before March 27, 2015. Securities Act requires that investors be should be approved or disapproved. For the Commission, by the Division of provided with a prospectus containing IV. Solicitation of Comments Trading and Markets, pursuant to delegated the information required in a authority.19 registration statement prior to or at the Interested persons are invited to Brent J. Fields, time of sale or delivery of securities. submit written data, views and Secretary. The purpose of Form N–4 is to meet arguments concerning the foregoing, the filing and disclosure requirements of [FR Doc. 2015–05163 Filed 3–5–15; 8:45 am] including whether the proposed rule the Securities Act and the Investment change is consistent with the Act. BILLING CODE 8011–01–P Company Act and to enable filers to Comments may be submitted by any of provide investors with information the following methods: SECURITIES AND EXCHANGE necessary to evaluate an investment in Electronic Comments COMMISSION a security. The information required to be filed with the Commission permits • Use the Commission’s Internet Proposed Collection; Comment verification of compliance with comment form (http://www.sec.gov/ Request securities law requirements and assures rules/sro.shtml); or • the public availability and Send an email to rule-comments@ Upon Written Request, Copies Available dissemination of the information. sec.gov. Please include File Number SR– From: Securities and Exchange The estimated annual number of NYSEARCA–2015–11 on the subject Commission, Office of FOIA Services, filings on Form N–4 is 210 initial line. 100 F Street NE., Washington, DC registration statements and 1,443 post- Paper Comments 20549–2736. effective amendments. The estimated average number of portfolios per filing • Send paper comments in triplicate Extension: Form N–4; SEC File No. 270–282, OMB is one, both for initial registration to Secretary, Securities and Exchange Control No. 3235–0318. statements and post-effective Commission, 100 F Street NE., amendments on Form N–4. Washington, DC 20549–1090. Notice is hereby given that, pursuant Accordingly, the estimated number of All submissions should refer to File to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the Securities portfolios referenced in initial Form N– Number SR–NYSEARCA–2015–11. This and Exchange Commission (the 4 filings annually is 210 and the file number should be included on the ‘‘Commission’’) is soliciting comments estimated number of portfolios subject line if email is used. To help the on the collection of information referenced in post-effective amendment Commission process and review your summarized below. The Commission filings on Form N–4 annually is 1,443. comments more efficiently, please use plans to submit this existing collection The estimate of the annual hour burden only one method. The Commission will of information to the Office of for Form N–4 is approximately 278.5 post all comments on the Commission’s Management and Budget for extension hours per initial registration statement Internet Web site (http://www.sec.gov/ and approval. and 197.25 hours per post-effective rules/sro.shtml). Copies of the The collection of information is amendment, for a total of 343,116.75 submission, all subsequent entitled: ‘‘Form N–4 (17 CFR 239.17b) hours ((210 initial registration amendments, all written statements under the Securities Act of 1933 and (17 statements x 278.5 hours) + (1,443 post- with respect to the proposed rule CFR 274.11c) under the Investment effective amendments × 197.25 hours)). change that are filed with the Company Act of 1940, registration The current estimated annual cost Commission, and all written statement of separate accounts burden for preparing an initial Form N– communications relating to the organized as unit investment trust.’’ 4 filing is $23,013 per portfolio and the proposed rule change between the Form N–4 is the form used by insurance current estimated annual cost burden Commission and any person, other than company separate accounts organized as for preparing a post-effective those that may be withheld from the unit investment trusts that offer variable amendment filing on Form N–4 is public in accordance with the annuity contracts to register as $21,813 per portfolio. The Commission investment companies under the estimates that, on an annual basis, 210 18 For purposes only of waiving the 30-day Investment Company Act of 1940 (15 portfolios will be referenced in initial operative delay, the Commission has also considered the proposed rule’s impact on U.S.C. 80a–1 et seq.) and/or to register Form N–4 filings and 1,443 portfolios efficiency, competition, and capital formation. See will be referenced in post-effective 15 U.S.C. 78c(f). 19 17 CFR 200.30–3(a)(12). amendment filings on Form N–4. Thus,

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the estimated total annual cost burden (‘‘Commission’’) the proposed rule document, that the initial document and allocated to Form N 4 would be change SR–ICC–2014–19 pursuant to any material amendments require $36,308.889 ((210 × $23,013) + (1,443 × Section 19(b)(1) of the Securities review and approval by the appropriate $21,813)). Exchange Act of 1934 (‘‘Act’’) 1 and Rule members of senior management and the Providing the information required by 19b–4 thereunder.2 The proposed rule ICC Board, and that the Operational Form N–4 is mandatory. Responses will change was published for comment in Risk Manager reports to the Chief not be kept confidential. Estimates of the Federal Register on December 2, Compliance Officer who reports directly 3 average burden hours are made solely 2014. The Commission received no to the ICC Board. for the purposes of the Paperwork comment letters regarding the proposed Reduction Act, and are not derived from change. On January 16, 2015, the There are several components to the a comprehensive or even a Commission extended the time period ICC Operational Risk Management representative survey or study of the in which to either approve, disapprove, Framework. ICC states that the costs of Commission rules and forms. or institute proceedings to determine Operational Risk Management An agency may not conduct or sponsor, whether to disapprove the proposed Framework establishes clearly defined and a person is not required to respond rule change to March 2, 2015.4 For the operational performance objectives that to, a collection of information unless it reasons discussed below, the serve as benchmarks to evaluate displays a currently valid control Commission is granting approval of the efficiency and effectiveness, promote number. proposed rule change. confidence among management and Written comments are invited on: (a) II. Description of the Proposed Rule participants, and evaluate operational Whether the proposed collection of Change performance against expectations. The information is necessary for the proper Operational Risk Management ICC is proposing to update and performance of the functions of the Framework states ICC’s goals of formalize ICC’s Operational Risk agency, including whether the identifying, monitoring, and managing Management Framework. According to information will have practical utility; all plausible sources of operational risk (b) the accuracy of the agency’s estimate ICC, the Operational Risk Management Framework is designed to create a and establishing clear policies and of the burden of the collection of procedures to address presented risk information; (c) ways to enhance the program of risk assessment and oversight to identify, monitor, and scenarios. For example, the Operational quality, utility, and clarity of the Risk Management Framework information collected; and (d) ways to manage plausible sources of operational risk,5 and to timely manage and report incorporates ICC’s risk assessment minimize the burden of the collection of operational performance measures. ICC methodology to identify and evaluate information on respondents, including further states that the operational risk potential operational risks in each of its through the use of automated collection program is designed to evaluate and major clearing processes, as well as techniques or other forms of information mitigate operations risk presented to procedures for recommending controls technology. Consideration will be given ICC by its partners, related entities, and to comments and suggestions submitted to mitigate risks identified in the risk vendors. According to ICC, the in writing within 60 days of this assessment. The Operational Risk Operational Risk Management publication. Management Framework also contains Framework is overseen by the ICC Please direct your written comments information regarding how ICC Board, ICC department heads and the to Pamela Dyson, Acting Director/Chief leverages certain shared infrastructures Chief Compliance Officer, and internal Information Officer, Securities and within the Intercontinental Exchange, audit performs reviews of the Exchange Commission, C/O Remi Inc. family as part of its operational risk operational risk management processes. Pavlik-Simon, 100 F Street NE., management program. Under the Operational Risk Washington, DC 20549; or send an email Management Framework, the Additionally, the Operational Risk to: [email protected]. Operational Risk Manager has the Management Framework details the Dated: March 2, 2015. responsibility and authority to develop Operational Risk Manager’s Brent J. Fields. and enforce, in consultation with the responsibilities in terms of business Secretary. ICC Board and appropriate members of continuity planning, vendor risk [FR Doc. 2015–05218 Filed 3–5–15; 8:45 am] senior management, the operational risk management, and the release of new BILLING CODE 8011–01–P program, which applies to all ICC products, processes, and initiatives. activities, groups, functions and Under the Operational Risk locations. The Operational Risk Management Framework, the SECURITIES AND EXCHANGE Management Framework further Operational Risk Manager is responsible COMMISSION provides that the Operational Risk for operational risk reporting, which Manager is the owner of the Operational [Release No. 34–74399; File No. SR–ICC– includes reporting and addressing 2014–19] Risk Management Framework significant operational risk weaknesses or failures timely and appropriately Self-Regulatory Organizations; ICE 1 15 U.S.C. 78s(b)(1). (including escalation to the appropriate 2 Clear Credit LLC; Order Granting 17 CFR 240.19b–4. members of senior management and the 3 Securities Exchange Act Release No. 34–73684 Approval of Proposed Rule Change To (Nov. 25, 2014), 79 FR 71495 (Dec. 2, 2014) (SR– ICC Audit Committee and the Board Formalize the ICC Operational Risk ICC–2014–19). when necessary), and providing ongoing Management Framework 4 Securities Exchange Act Release No. 34–74082 reporting to appropriate members of (Jan. 16, 2015), 80 FR 3687 (Jan. 23, 2015) (SR–ICC– March 2, 2015. 2014–19). senior management and periodic 5 ‘‘Operational risk’’ is defined in the ICC reporting to the ICC Board and the ICC I. Introduction Operational Risk Management Framework as the Audit Committee on the operational risk risk that deficiencies in information systems, program and significant control matters. On November 18, 2014, ICE Clear internal processes, personnel, or disruptions from Credit LLC (‘‘ICC’’) filed with the external events will result in the reduction, Securities and Exchange Commission deterioration, or breakdown of services.

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III. Discussion and Commission expected to allow for timely recovery of SECURITIES AND EXCHANGE Findings operations and fulfillment of ICC’s COMMISSION Section 19(b)(2)(C) of the Act 6 directs obligations upon disruption. The the Commission to approve a proposed Commission therefore believes that the [Release No. 34–74408; File No. SR– rule change of a self-regulatory proposed rule change is reasonably NYSEMKT–2015–11] organization if the Commission finds designed to identify sources of that such proposed rule change is operational risk and minimize them Self-Regulatory Organizations; NYSE consistent with the requirements of the through the development and MKT LLC; Notice of Filing and Act and the rules and regulations implementation of appropriate systems, Immediate Effectiveness of Proposed thereunder applicable to such self- controls, and procedures and have Rule Change Specifying in Exchange regulatory organization. Section business continuity plans that allow for Rules the Exchange’s Use of Certain 17A(b)(3)(F) of the Act 7 requires, among timely recovery of operations and Data Feeds for Order Handling and other things, that the rules of a clearing fulfillment of a clearing agency’s Execution, Order Routing, and agency are designed to promote the obligations, consistent with the Regulatory Compliance prompt and accurate clearance and requirements of Rule 17Ad–22(d)(4).10 March 2, 2015. settlement of securities transactions Accordingly, the Commission believes and, to the extent applicable, derivative that the proposed rule change is Pursuant to section 19(b)(1) 1 of the agreements, contracts, and transactions, designed to promote the prompt and Securities Exchange Act of 1934 (the to assure the safeguarding of securities ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 and funds which are in the custody or accurate settlement of securities and notice is hereby given that, on February control of the clearing agency or for derivatives transactions, consistent with 11 24, 2015, NYSE MKT LLC (the which it is responsible and, in general, Section 17A(b)(3)(F) of the Act. ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed with to protect investors and the public IV. Conclusion interest. In addition, Rule 17Ad– the Securities and Exchange 22(d)(4) 8 requires registered clearing On the basis of the foregoing, the Commission (the ‘‘Commission’’) the agencies, among other things, to Commission finds that the proposal is proposed rule change as described in establish, implement, maintain, and consistent with the requirements of the Items I and II below, which Items have enforce written policies and procedures Act and in particular with the been prepared by the self-regulatory reasonably designed to identify sources requirements of Section 17A of the organization. The Commission is of operational risk and minimize them Act 12 and the rules and regulations publishing this notice to solicit through the development and thereunder. comments on the proposed rule change implementation of appropriate systems, from interested persons. controls, and procedures and have IT IS THEREFORE ORDERED, I. Self-Regulatory Organization’s business continuity plans that allow for pursuant to Section 19(b)(2) of the timely recovery of operations and Act,13 that the proposed rule change Statement of the Terms of Substance of fulfillment of a clearing agency’s (File No. SR–ICC–2014–19) be, and the Proposed Rule Change hereby is, approved.14 obligations. The Exchange proposes to specify in The Commission finds that the For the Commission, by the Division of Exchange rules the Exchange’s use of proposed rule change is consistent with Trading and Markets, pursuant to delegated 9 certain data feeds for order handling Section 17A of the Act and the rules 15 authority. and execution, order routing, and thereunder applicable to ICC. ICC’s Operational Risk Management Brent J. Fields, regulatory compliance. The text of the Framework establishes clear policies Secretary. proposed rule change is available on the and procedures to identify and evaluate [FR Doc. 2015–05155 Filed 3–5–15; 8:45 am] Exchange’s Web site at www.nyse.com, at the principal office of the Exchange, potential operational risks in each of its BILLING CODE 8011–01–P major clearing processes, and to and at the Commission’s Public recommend controls to mitigate Reference Room. identified risks, each of which are II. Self-Regulatory Organization’s reasonably designed to identify, Statement of the Purpose of, and monitor, and manage of all plausible Statutory Basis for, the Proposed Rule sources of operational risk. Change Furthermore, the Operational Risk Management Framework establishes In its filing with the Commission, the clearly defined operational performance self-regulatory organization included objectives that are expected to serve as statements concerning the purpose of, benchmarks for evaluating operational and basis for, the proposed rule change efficiency and effectiveness, and to and discussed any comments it received evaluate operational performance on the proposed rule change. The text measurements against such objectives, of those statements may be examined at each of which are expected to enhance the places specified in Item IV below. ICC’s ability to mitigate operational risk. 10 17 CFR 240.17Ad–22(d)(4). The Exchange has prepared summaries, Finally, the Operational Risk 11 15 U.S.C. 78q–1(b)(3)(F). set forth in sections A, B, and C below, Management Framework incorporates a 12 15 U.S.C. 78q–1. business continuity plan that is 13 15 U.S.C. 78s(b)(2). of the most significant parts of such 14 In approving the proposed rule change, the statements. 6 15 U.S.C. 78s(b)(2)(C). Commission considered the proposal’s impact on 7 15 U.S.C. 78q–1(b)(3)(F). efficiency, competition and capital formation. 15 1 15 U.S.C.78s(b)(1). 8 17 CFR 240.17Ad–22(d)(4). U.S.C. 78c(f). 2 15 U.S.C. 78a. 9 15 U.S.C. 78q–1. 15 17 CFR 200.30–3(a)(12). 3 17 CFR 240.19b–4.

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A. Self-Regulatory Organization’s goal of disclosing this information was As set forth in its July 2014 Data Feed Statement of the Purpose of, and to provide broker-dealers and investors Filing, the Exchange uses only the SIP Statutory Basis for, the Proposed Rule with enhanced transparency to better data feeds to determine protected Change assess the quality of an exchange’s quotations on markets other than the execution and routing services. Exchange 8 for purposes of compliance 1. Purpose On July 18, 2014, in response to the with Rule 611 and Rule 610(d), On June 5, 2014, in a speech entitled above request, the Exchange filed a including identifying where to route ‘‘Enhancing Our Market Equity ISOs, to calculate the protected best bid Structure,’’ Mary Jo White, Chair of the proposed rule change that clarified the Exchange’s use of certain data feeds for or offer (‘‘PBBO’’) for purposes of order Securities and Exchange Commission types that are priced based on the (‘‘SEC’’ or the ‘‘Commission’’) requested order handling and execution, order routing, and regulatory compliance.6 As PBBO, and to determine the national the equity exchanges to file with the best bid (‘‘NBB’’) 9 for purposes of Commission the data feeds used for noted in that filing, the data feeds available for the purposes of order compliance with Rule 201 of Regulation purposes of (1) order handling and SHO and Rule 440B—Equities.10 The execution (e.g., with pegged or midpoint handling and execution, order routing, and regulatory compliance at the Exchange notes that when it routes orders); (2) order routing, and (3) interest to a protected quotation, the 4 Exchange include the exclusive regulatory compliance, if applicable. Exchange adjusts the PBBO. Subsequent to the Chair’s speech, the securities information processor (‘‘SIP’’) 7 Division of Trading and Markets stated data feeds. The Exchange proposes to add new that it ‘‘believes there is a need for SEC staff has requested that the Supplementary Material .01 to Rule clarity regarding whether (1) the SIP Exchange file a supplemental proposed 19—Equities, which would state the data feeds, (2) proprietary data feeds, or rule change to specify in Exchange rules following: (3) a combination thereof,’’ are used for which data feeds the Exchange uses for .01 The Exchange uses the following these purposes and requested that the above-described purposes. data feeds for the handing, execution, proposed rule changes be filed that Accordingly, the Exchange is filing this and routing of orders, as well as for disclose such information.5 The stated proposed rule change. regulatory compliance:

Secondary Market center Primary source source

BATS Exchange, Inc...... SIP Data Feed ...... n/a BATS Y-Exchange, Inc...... SIP Data Feed ...... n/a Chicago Stock Exchange, Inc...... SIP Data Feed ...... n/a EDGA Exchange, Inc...... SIP Data Feed ...... n/a EDGX Exchange, Inc...... SIP Data Feed ...... n/a NASDAQ OMX BX LLC ...... SIP Data Feed ...... n/a NASDAQ OMX PHLX LLC ...... SIP Data Feed ...... n/a NASDAQ Stock Market LLC ...... SIP Data Feed ...... n/a NYSE Arca Equities, Inc...... SIP Data Feed ...... n/a

The Exchange notes that it does not acts and practices, to promote just and mechanism of a free and open market trade any securities listed on the New equitable principles of trade, to foster because it provides enhanced York Stock Exchange LLC. cooperation and coordination with transparency to better assess the quality persons engaged in facilitating of an exchange’s execution and routing 2. Statutory Basis transactions in securities, to remove services. impediments to, and perfect the The proposed rule change is B. Self-Regulatory Organization’s consistent with section 6(b) of the mechanism of, a free and open market Statement on Burden on Competition Securities Exchange Act of 1934 (the and a national market system and, in ‘‘Act’’),11 in general, and furthers the general, to protect investors and the The Exchange does not believe that objectives of section 6(b)(5),12 in public interest. The Exchange believes the proposed rule change will impose particular, because it is designed to that the proposed rule change removes any burden on competition that is not prevent fraudulent and manipulative impediments to and perfects the necessary or appropriate in furtherance

4 See Mary Jo White, Chair, Securities and three joint-industry plans are: (1) The CTA Plan, Exchange notes that the NBBO may differ from the Exchange Commission, Speech at the Sandler, which is operated by the Consolidated Tape PBBO because the NBBO includes Manual O’Neill & Partners, L.P. Global Exchange and Association and disseminates transaction Quotations, which are defined as any quotation Brokerage Conference (June 5, 2014) (available at information for securities with the primary listing other than an automated quotation. 17 CFR www.sec.gov/News/Speech/Detail/Speech/137054 market on exchanges other than NASDAQ Stock 242.600(b)(37). By contrast, a protected quotation is 2004312#.U5HI-fmwJiw). Market LLC (‘‘Nasdaq’’): (2) The CQ Plan, which an automated quotation that is the best bid or offer disseminates consolidated quotation information 5 See Letter from James Burns, Deputy Director, of a national securities exchange. 17 CFR for securities with their primary listing on 242.60)(b)(57)(iii). Division of Trading and Markets, Securities and exchanges other than Nasdaq; and (3) the Nasdaq 10 Exchange Commission, to Jeffrey C. Sprecher, Chief UTP Plan, which disseminates consolidated Rule 440B(b)—Equities requires that Exchange Executive Officer, Intercontinental Exchange, Inc., transaction and quotation information for securities systems not execute or display a short sale order dated June 20, 2014. with their primary listing on Nasdaq. with respect to a covered security at a price that is 6 See Securities Exchange Act Release No. 72709 8 The Exchange notes that because the FINRA less than or equal to the current NBB if the price (July 29, 2014), 79 FR 45513 (Aug. 5, 2014) (SR– Alternate Display Facility (‘‘ADF’’) does not of that security decreases by 10% or more, as NYSEMKT–2014–62) (‘‘July 2014 Data Feed currently display any quotations, the Exchange does determined by the Exchange, from the security’s Filing’’). not need any data feeds to provide it with ADF closing price on the Exchange at the end of regular 7 The SIP feeds are disseminated pursuant to quotes. trading hours on the prior day. effective joint-industry plans as required by Rule 9 The NBBO is defined as the best bid and best 11 15 U.S.C. 78f(b). 603(b) of Regulation NMS. 17 CFR 242.603(b). The offer of an NMS security. 17 CFR 242.600(b)(3). The 12 15 U.S.C. 78f(b)(5).

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of the purposes of the Act. The At any time within 60 days of the submissions. You should submit only proposed change is not designed to filing of the proposed rule change, the information that you wish to make address any competitive issue but rather Commission summarily may available publicly. All submissions would provide the public and investors temporarily suspend such rule change if should refer to File Number SR– with information about which data it appears to the Commission that such NYSEMKT–2015–11 and should be feeds the Exchange uses for execution action is necessary or appropriate in the submitted on or before March 27, 2015. and routing decisions. public interest, for the protection of investors, or otherwise in furtherance of For the Commission, by the Division of C. Self-Regulatory Organization’s the purposes of the Act. If the Trading and Markets, pursuant to delegated Statement on Comments on the 18 Commission takes such action, the authority. Proposed Rule Change Received From Commission shall institute proceedings Brent J. Fields, Members, Participants, or Others to determine whether the proposed rule Secretary. No written comments were solicited should be approved or disapproved. [FR Doc. 2015–05162 Filed 3–5–15; 8:45 am] or received with respect to the proposed BILLING CODE 8011–01–P rule change. IV. Solicitation of Comments Interested persons are invited to III. Date of Effectiveness of the submit written data, views and Proposed Rule Change and Timing for SECURITIES AND EXCHANGE arguments concerning the foregoing, Commission Action COMMISSION including whether the proposed rule Because the proposed rule change change is consistent with the Act. does not (i) significantly affect the Comments may be submitted by any of [File No. 500–1] protection of investors or the public the following methods: interest; (ii) impose any significant In the Matter of Spriza, Inc.; Order of burden on competition; and (iii) become Electronic Comments Suspension of Trading operative for 30 days from the date on • Use the Commission’s Internet which it was filed, or such shorter time comment form (http://www.sec.gov/ March 4, 2015. as the Commission may designate, the rules/sro.shtml); or It appears to the Securities and proposed rule change has become • Send an email to rule-comments@ Exchange Commission that there is a effective pursuant to section 19(b)(3)(A) sec.gov. Please include File Number SR– lack of current and accurate information of the Act13 and Rule 19b–4(f)(6) NYSEMKT–2015–11 on the subject line. concerning the securities of Spriza, Inc. 14 thereunder. Paper Comments because of questions regarding the A proposed rule change filed accuracy of assertions by Spriza, Inc., • Send paper comments in triplicate pursuant to Rule 19b–4(f)(6) under the including assertions regarding business 15 to Secretary, Securities and Exchange Act normally does not become relationships in a company press release operative for 30 days after the date of its Commission, 100 F Street NE., dated February 6, 2015, a Form 8–K and filing. However, Rule 19b–4(f)(6)(iii) 16 Washington, DC 20549–1090. in a video created by the company. permits the Commission to designate a All submissions should refer to File shorter time if such action is consistent Number SR–NYSEMKT–2015–11. This Spriza, Inc. is a Nevada corporation with the protection of investors and the file number should be included on the with its principal place of business public interest. The Exchange has asked subject line if email is used. To help the located in El Segundo, California. the Commission to waive the 30-day Commission process and review your The Commission is of the opinion that operative delay so that the proposal may comments more efficiently, please use the public interest and the protection of become operative immediately upon only one method. The Commission will investors require a suspension of trading filing. The Exchange stated that waiver post all comments on the Commission’s in the securities of the above-listed of the operative delay will permit the Internet Web site (http://www.sec.gov/ company. Exchange to immediately provide the rules/sro.shtml). Copies of the Therefore, it is ordered, pursuant to enhanced transparency in Exchange submission, all subsequent Section 12(k) of the Securities Exchange rules. The Commission believes the amendments, all written statements waiver of the operative delay is with respect to the proposed rule Act of 1934, that trading in the consistent with the protection of change that are filed with the securities of the above-listed company is investors and the public interest. Commission, and all written suspended for the period commencing Therefore, the Commission hereby communications relating to the at 9:30 a.m. EST, on March 4, 2015 and waives the operative delay and proposed rule change between the terminating at 11:59 p.m. EDT, on designates the proposal operative upon Commission and any person, other than March 17, 2015. 17 filing. those that may be withheld from the By the Commission. public in accordance with the Jill M. Peterson, 13 15 U.S.C. 78s(b)(3)(A). provisions of 5 U.S.C. 552, will be 14 Assistant Secretary. 17 CFR 240.19b–4(f)(6). As required under Rule available for Web site viewing and 19b–4(f)(6)(iii), the Exchange provided the [FR Doc. 2015–05373 Filed 3–4–15; 4:15 pm] Commission with written notice of its intent to file printing in the Commission’s Public the proposed rule change, along with a brief Reference Room, 100 F Street, NE., BILLING CODE 8011–01–P description and the text of the proposed rule Washington, DC 20549, on official change, at least five business days prior to the date of filing of the proposed rule change, or such business days between the hours of shorter time as designated by the Commission. 10:00 a.m. and 3:00 p.m. Copies of the 15 17 CFR 240.19b–4(f)(6). filing also will be available for 16 17 CFR 240.19b–4(f)(6)(iii). inspection and copying at the principal 17 For purposes only of waiving the 30-day office of the Exchange. All comments operative delay, the Commission has also received will be posted without change; considered the proposed rule’s impact on efficiency, competition, and capital formation. See the Commission does not edit personal 15 U.S.C. 78c(f). identifying information from 18 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE the Act 6 to determine whether to to consider the proposed rule change, as COMMISSION approve or disapprove the proposed modified by Amendment No. 1. rule change.7 On December 23, 2014, Accordingly, the Commission, pursuant [Release No. 34–74407; File No. SR– the Exchange filed Amendment No. 1 to to section 19(b)(2) of the Act,11 NYSEArca–2014–89] the proposed rule change, which designates May 1, 2015 as the date by entirely replaced and superseded its which the Commission shall either Self-Regulatory Organizations; NYSE 8 Arca, Inc.; Notice of Designation of a proposal as originally filed. The approve or disapprove the proposed Longer Period for Commission Action Commission has not received any rule change (File No. SR–NYSEArca– on Proceedings To Determine Whether comments on the proposed rule change. 2014–89). Section 19(b)(2) of the Act 9 provides To Approve or Disapprove a Proposed For the Commission, by the Division of that, after initiating disapproval Rule Change, as Modified by Trading and Markets, pursuant to delegated proceedings, the Commission shall issue 12 Amendment No. 1, To List and Trade authority. an order approving or disapproving the Shares of Eight PIMCO Exchange- Brent J. Fields, proposed rule change not later than 180 Secretary. Traded Funds days after the date of publication of [FR Doc. 2015–05161 Filed 3–5–15; 8:45 am] notice of the filing of the proposed rule March 2, 2015. BILLING CODE 8011–01–P On August 15, 2014, NYSE Arca, Inc. change. The Commission may, however, (‘‘Exchange’’) filed with the Securities extend the period for issuing an order and Exchange Commission approving or disapproving the proposed SECURITIES AND EXCHANGE (‘‘Commission’’), pursuant to section rule change by not more than 60 days COMMISSION 19(b)(1) of the Securities Exchange Act if the Commission determines that a 1 longer period is appropriate and [Release No. 34–74405; File No. SR–NYSE– of 1934 (‘‘Act’’) and Rule 19b–4 2015–08] thereunder,2 a proposed rule change to publishes the reasons for such determination. The proposed rule list and trade shares of the following Self-Regulatory Organizations; New change was published for notice and eight PIMCO exchange-traded funds, York Stock Exchange LLC; Notice of comment in the Federal Register on pursuant to NYSE Arca Equities Rule Filing and Immediate Effectiveness of ® September 3, 2014,10 and the 180th day 8.600: PIMCO StocksPLUS Absolute Proposed Rule Change Amending Its after publication of the notice of the Return Exchange-Traded Fund, PIMCO Price List Small Cap StocksPLUS® AR Strategy filing of the proposed rule change in the Exchange-Traded Fund, PIMCO Federal Register is March 2, 2015. March 2, 2015. ® The Commission finds that it is 1 Fundamental IndexPLUS AR Pursuant to section 19(b)(1) of the appropriate to designate a longer period Exchange-Traded Fund, PIMCO Small Securities Exchange Act of 1934 ® within which to issue an order 2 3 Company Fundamental IndexPLUS AR (‘‘Act’’) and Rule 19b–4 thereunder, approving or disapproving the proposed Strategy Exchange-Traded Fund, PIMCO notice is hereby given that on February ® rule change so that it has sufficient time EM Fundamental IndexPLUS AR 26, 2015, New York Stock Exchange Strategy Exchange-Traded Fund, PIMCO LLC (‘‘NYSE’’ or ‘‘Exchange’’) filed with 6 16 U.S.C. 78s(b)(2)(B). International Fundamental IndexPLUS® the Securities and Exchange 7 See Securities Exchange Act Release No. 73706, Commission (‘‘Commission’’) the AR Strategy Exchange-Traded Fund, 79 FR 72223 (December 5, 2014) (‘‘Order Instituting PIMCO EM StocksPLUS® AR Strategy Proceedings’’). In the Order Instituting Proceedings, proposed rule change as described in Exchange-Traded Fund, and PIMCO the Commission noted that it was instituting Items I, II, and III below, which Items International StocksPLUS® AR Strategy proceedings to allow for additional analysis of the have been prepared by the self- proposed rule change’s consistency with the regulatory organization. The Exchange-Traded Fund (Unhedged) requirement of Section (6)(b)(5) of the Act, which (each a ‘‘Fund’’ and collectively, the requires, among other things, that the rules of a Commission is publishing this notice to ‘‘Funds’’). The proposed rule change national securities exchange be designed to prevent solicit comments on the proposed rule fraudulent and manipulative acts and practices, to change from interested persons. was published for comment in the promote just and equitable principles of trade, and 3 Federal Register on September 3, 2014. to protect investors and the public interest. I. Self-Regulatory Organization’s On October 15, 2014, pursuant to 8 In Amendment No. 1, the Exchange: (1) Clarified Statement of the Terms of Substance of section 19(b)(2) of the Act,4 the the definition of Fixed Income Instruments; (2) the Proposed Rule Change Commission designated a longer period clarified that the types of securities and instruments specified as permitted investments may be The Exchange proposes to amend its within which to approve the proposed economically tied to foreign countries; (3) clarified Price List to (1) revise credits applicable rule change, disapprove the proposed that the types of securities specified as permitted to certain Designated Market Maker rule change, or institute proceedings to investments may be denominated in foreign transactions, and (2) revise the credits determine whether to disapprove the currencies; (4) clarified that the Funds may invest in OTC foreign currency options contracts; (5) for Supplemental Liquidity Providers. proposed rule change.5 On December 1, eliminated the ability of the Funds to enter into any The Exchange also proposes to amend 2014, the Commission instituted series of purchase and sale contracts; (6) modified its Price List to remove certain trading proceedings under section 19(b)(2)(B) of the proposal to exclude from the Funds’ permitted investments variable and floating rate securities and license fees that expire on February 27, floaters and inverse floaters that are not Fixed 2015. The Exchange proposes to 1 15 U.S.C. 78s(b)(1). Income Instruments; (7) modified the proposal to implement the fee change effective 2 17 CFR 240.19b–4. provide that a Fund may invest up to 20% of its 3 See Securities Exchange Act Release No. 72937 total assets in (a) trade claims, (b) junior bank loans, March 1, 2015. The text of the proposed (Aug. 27, 2014), 79 FR 52385. (c) exchange-traded and OTC-traded structured rule change is available on the 4 15 U.S.C. 78s(b)(2). products, and (d) privately placed and unregistered Exchange’s Web site at www.nyse.com, 5 See Securities Exchange Act Release No. 73364, securities (except that no limit will apply to at the principal office of the Exchange, 79 FR 62988 (Oct. 21, 2014). The Commission privately placed and unregistered securities that designated a longer period within which to take satisfy the listing requirements in the Exchange’s 11 15 U.S.C. 78s(b)(2). action on the proposed rule change and designated Rule 5.2(j)(3), Commentary .02(a)(6)); and (8) 12 December 2, 2014 as the date by which it should clarified that each Fund may invest up to 20% of 17 CFR 200.30–3(a)(57). approve, disapprove, or institute proceedings to its total assets in senior bank loans. 1 15 U.S.C. 78s(b)(1). determine whether to disapprove the proposed rule 9 15 U.S.C. 78s(b)(2). 2 15 U.S.C. 78a. change. 10 See supra note 3. 3 17 CFR 240.19b–4.

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and at the Commission’s Public The current monthly rebate payable to 0.20% of NYSE CADV,5 the SLP is Reference Room. DMMs for securities with an ADV of eligible for a per share credit of $.0023. less than 250,000 shares during the In the case of Non-Displayed Reserve II. Self-Regulatory Organization’s billing month (regardless of whether the Orders, the SLP credit is $0.0018 and in Statement of the Purpose of, and stock price exceeds $1.00) in any month the case of MPL Orders, the credit is Statutory Basis for, the Proposed Rule in which the DMM meets the Less Change $0.0020. Active Securities Quoting Requirement Similarly, a SLP adding liquidity for In its filing with the Commission, the is $200. assigned SLP securities in the aggregate self-regulatory organization included The Exchange proposes to introduce of an ADV of more than 0.35% of NYSE statements concerning the purpose of, different rebate amounts depending on CADV is eligible for a per share credit and basis for, the proposed rule change the ADV of the security and the DMM of $.0026. In the case of Non-Displayed and discussed any comments it received quoting percentage. In particular, for Reserve Orders, the credit is $0.0021 on the proposed rule change. The text securities with an ADV of 100,000 up to and in the case of MPL Orders, the of those statements may be examined at 250,000 shares in the previous month, credit is $0.0020. the places specified in Item IV below. the Exchange proposes a monthly rebate Finally, a SLP adding liquidity for The Exchange has prepared summaries, of $250 when the DMM quotes at the assigned SLP securities in the aggregate set forth in sections A, B, and C below, NBBO 20% of the time or more in an of an ADV of more than 0.55% of NYSE of the most significant parts of such applicable security in any month in CADV is eligible for a per share credit statements. which the DMM meets the Less Active of $.0029. In the case of Non-Displayed A. Self-Regulatory Organization’s Securities Quoting Requirement. If the Reserve Orders, the credit is $0.0024 Statement of the Purpose of, and the DMM quotes at the NBBO at least 15% and in the case of MPL Orders, the Statutory Basis for, the Proposed Rule and up to 20% of the time in an credit is $0.0020. Change applicable month in an applicable The Exchange proposes to lower the security, the Exchange proposes a $200 ADV percentage requirement for SLPs 1. Purpose rebate. that are also DMMs and subject to Rule The Exchange proposes to amend its For securities with an ADV of less 107B(i)(2)(A) 6 for the above-three Price List to (1) revise credits for certain than 100,000 shares in the previous described credits applicable to SLPs Designated Market Makers (‘‘DMMs’’) month, the Exchange proposes a from 0.20% to 0.15%, 0.35% to 0.30%, transactions, and (2) revise the credits monthly rebate of $175 when the DMM and 0.55% to 0.50%, respectively. The for Supplemental Liquidity Providers quotes at the NBBO 20% of the time or Exchange does not propose to change (‘‘SLPs’’). The Exchange also proposes more in an applicable security in any the ADV percentage requirement of to amend its Price List to remove certain month in which the DMM meets the NYSE ADV for SLPs that are not subject trading license fees that expire on Less Active Securities Quoting to Rule 107B(i)(2)(A), which will remain February 27, 2015. Requirement. If the DMM quotes at the at 0.20%, 0.35% and 0.55%, The Exchange proposes to implement NBBO at least 15% and up to 20% of respectively. these fee changes effective March 1, the time in an applicable month in an For each of these three categories of 2015. applicable security, the Exchange SLP credits, the Exchange also proposes Credits for Certain DMM Transactions proposes a $125 rebate. to increase the credit for securities with The Exchange proposes to specify that an ADV in the previous month of Currently, for securities with an ADV the ADV would be calculated based on 500,000 shares or less per month (‘‘Less of less than 1 million per month in the the previous month in order to make the Active SLP Securities’’) by $.0005, as previous month (‘‘Less Active ADV calculation consistent with how follows: Securities’’), DMMs receive all of the ADV is calculated for Less Active • For assigned SLP securities in the market data quote revenue (the Securities for purposes of the Quoting aggregate of an ADV of more than 0.20% ‘‘Quoting Share’’) received by the Share rebate. of NYSE CADV or, if also a DMM and Exchange from the Consolidated Tape No other changes to the DMM Tier or subject to Rule 107B(i)(2)(A), more than Association under the Revenue the corresponding credits would result 0.15% of NYSE CADV, increase the Allocation Formula of Regulation NMS from this proposed change. (regardless of whether the stock price credit from $.0023 to $.0028 and exceeds $1.00) in any month in which Credits Applicable to SLPs increase the credit for Non-Displayed the DMM quotes at the National Best Currently, when adding liquidity to Reserve Orders from $0.0018 to $.0023. Bid or Offer (‘‘NBBO’’) in the applicable the NYSE in securities with a share The credit applicable for MPL Orders would not change. security at least 15% of the time (the price of $1.00 or more, if an SLP (1) • ‘‘Less Active Securities Quoting meets the 10% average or more quoting for assigned SLP securities in the Requirement’’). requirement in assigned securities aggregate of an ADV of more than 0.35% The Exchange proposes to increase pursuant to Rule 107B and (2) adds of NYSE CADV or, if also a DMM and the DMM’s quoting requirement at the liquidity for assigned SLP securities in subject to Rule 107B(i)(2)(A), more than 0.30% of NYSE CADV, increase the NBBO to 20% in each applicable the aggregate 4 of an ADV of more than security in order for the DMM to receive credit from $.0026 to $.0031 and 100% of the Quoting Share. The 4 Under Rule 107B, an SLP can be either a increase the credit for Non-Displayed Exchange also proposes that if the DMM proprietary trading unit of a member organization Reserve Orders from $0.0021 to $.0026. meets the Less Active Securities (‘‘SLP-Prop’’) or a registered market maker at the The credit applicable for MPL Orders Exchange (‘‘SLMM’’). For purposes of the 10% would not change. Quoting Requirement but quotes less average or more quoting requirement in assigned than 20% of the time in an applicable securities pursuant to Rule 107B, quotes of an SLP- month, the DMM would receive 50% of Prop and an SLMM of the same member 5 NYSE CADV is defined in the Price List as the the Quoting Share. The Exchange also organization are not aggregated. However, for consolidated average daily volume of NYSE-listed purposes of adding liquidity for assigned SLP securities. proposes to re-locate the text describing securities in the aggregate, shares of both an SLP- 6 Rule 107B(i)(2)(A) prohibits a DMM from acting Quoting Share allocation to a stand- Prop and an SLMM of the same member as a SLP in the same securities in which it is a alone paragraph. organization are included. DMM.

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• for assigned SLP securities in the Exchange also proposes to delete the facilities and does not unfairly aggregate of an ADV of more than 0.55% ‘‘A’’ from footnote 15A in the current discriminate between customers, of NYSE CADV or, if also a DMM and Price List so that footnote 15A would issuers, brokers or dealers. subject to Rule 107B(i)(2)(A), more than become footnote 15 to the new annual The Exchange believes that the 0.050% of NYSE ADV, increase the fee and regulated only member annual proposed higher monthly credit of $250 credit from $.0029 to $.0034 and administration fee effective March 1, for each security that has a consolidated increase the credit for Non-Displayed 2015. ADV of more than 100,000 and less than Reserve Orders from $0.0024 to $.0029. Finally, the Exchange proposes to 250,000 shares during the month when The credit applicable for MPL Orders amend current footnote 15A to the Price the DMM quotes at the NBBO in the would not change. List (proposed footnote 15) to change applicable security at least 20% of the No other changes to SLP Tier or the the number of calendar days a trading time in the applicable month is corresponding credits would result from license is charged a flat fee. Currently, reasonable because of the proposed this proposed change. footnote 15A provides that for a trading higher quoting requirement associated license in place for 15 calendar days or with this increase in the credit. The Trading License Fees less in a calendar month, proration for Exchange also believes that it is On December 23, 2014, the Exchange that month is at a flat rate of $100 per reasonable to retain a $200 credit for filed to amend its Price List related to day with no tier pricing involved. For a each security that has a consolidated fees for trading licenses to extend the trading license in place for 16 calendar ADV of more than 100,000 and less than fee schedule to February 27, 2015 and days or more in a calendar month, 250,000 shares during the month when to implement new trading license fees proration for that month is computed the DMM quotes at the NBBO in the effective March 1, 2015.7 based on the number of days as applied applicable security at least 15% and up In particular, for the period between to the applicable annual fee for the to 20% of the time in the applicable January 2, 2015 and February 27, 2015, trading license. month as this is the rate currently the Exchange retained an annual fee of The Exchange proposes to lower the charged and it would apply equally to $40,000 per license for the first two number of calendar days charged the all DMM firms. The Exchange believes trading licenses held by a member flat rate of $100 per day with no tier that the proposal would increase the organization and $25,000 for each pricing from 15 to 10 and make a incentive to add liquidity across thinly- additional trading license. The corresponding change from 16 to 11 traded securities where there may be Exchange also retained a fee relief calendar days for licenses that would be fewer liquidity providers. scheme whereby fees for trading held beyond the period subject to the The Exchange also believes that the licenses issued after July 1, 2013 were flat rate and that would be prorated proposed lower monthly credits of $175 prorated for the portion of the calendar based on the number of days as applied for each security that has a consolidated year that the trading license was to the applicable annual fee for the ADV 100,000 shares or less during the outstanding but if a member trading license. The Exchange has month when the DMM quotes at the organization was issued additional determined this change is necessary NBBO in the applicable security at least trading licenses between July 1, 2013 once the fee for additional licenses 20% of the time in the applicable month and February 27, 2015, and the total becomes $15,000 effective March 1, is reasonable in light of lower trading number of trading licenses held by the 2015 in order to avoid charging a fee to volumes in the applicable securities member during that time was greater license holders at a flat rate ($1500/$100 relatively to those securities that have a than the total number of trading licenses per day for 15 calendar days) that would consolidated ADV of more than 100,000 held by the member organization on exceed the monthly cost of the license and less than 250,000 shares. The July 1, 2013, the member organization ($1,250/$15,000 divided by 12). The Exchange further believes it is would not be charged a prorated fee for Exchange believes that lowering the reasonable to provide a lower rebate of the period from July 3, 2013 to February calendar days during which license $125.00 for each security that has a 27, 2015 for those additional trading holders are charged the flat rate to 10 consolidated ADV of 100,000 shares or licenses above the number the member days ($1,000/$100 per day for 10 less if the DMM does not meet the organization held on July 1, 2013.8 calendar days) would avoid this result proposed 20% quoting requirement. The Exchange’s filing also proposed and be more equitable for license Moreover, the requirement is equitable that, effective March 1, 2015, the holders. and not unfairly discriminatory because Exchange would charge an annual fee of The above proposed changes are not it would apply equally to all DMM $50,000 for the first license held by a otherwise intended to address any other firms. Further, the Exchange believes that member organization and $15,000 for issues, and the Exchange is not aware of the proposed higher DMM quoting each additional license. The Exchange any problems that members and requirement at the NBBO of 20% in also proposed to eliminate the existing member organizations would have in order to receive in each applicable fee relief for additional licenses and complying with the proposed change. security 100% of the Quoting Share is delete the relevant text from current 2. Statutory Basis reasonable because the higher proposed footnote 15 effective March 1, 2015. requirement would improve quoting The Exchange accordingly proposes to The Exchange believes that the and increase adding liquidity across amend the Price List to reflect the proposed rule change is consistent with section 6(b) of the Act,9 in general, and thinly-traded securities where there may elimination of the fees in effect through be fewer liquidity providers. Under the February 27, 2015 and the fee relief for furthers the objectives of sections 6(b)(4) 10 proposal, DMMs that do not meet the additional licenses by deleting the text and 6(b)(5) of the Act, in particular, because it provides for the equitable proposed quoting requirement of 20% describing those fees and corresponding but still meet the Less Active Securities footnote 15 from the Price List. The allocation of reasonable dues, fees, and other charges among its members, Quoting Requirement of 15% would still receive 50% of the Quoting Share. 7 See Securities Exchange Act Release No. 34– issuers and other persons using its 73996 (January 6, 2015), 80 FR 1534 (January 12, Moreover, the requirement is equitable 2015) (SR–NYSE–2014–74). 9 15 U.S.C. 78f(b). and not unfairly discriminatory because 8 See id. 10 15 U.S.C. 78f(b)(4) and (5). it would apply equally to all DMM

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firms. The Exchange notes that the is equitable and not unfairly C. Self-Regulatory Organization’s Quoting Share in Less Active Securities discriminatory because it would apply Statement on Comments on the the DMMs receive is in addition to the the unchanged flat rate equally to all Proposed Rule Change Received From DMM rebate for providing liquidity and license holders over the same number of Members, Participants, or Others the monthly rebate payable to DMMs for days. No written comments were solicited securities with an ADV of less than The Exchange believes that it is or received with respect to the proposed 250,000 shares during the billing month. subject to significant competitive forces, rule change. In addition, the Exchange believes as described below in the Exchange’s that proposal to lower the ADV statement regarding the burden on III. Date of Effectiveness of the percentage requirement for SLPs that are competition. Proposed Rule Change and Timing for also DMMs and subject to Rule For the foregoing reasons, the Commission Action 107B(i)(2)(A) is reasonable because the Exchange believes that the proposal is The foregoing rule change is effective current ADV requirement is more consistent with the Act. upon filing pursuant to section difficult for such market participants to B. Self-Regulatory Organization’s 19(b)(3)(A) 12 of the Act and meet given that the pool of stocks they Statement on Burden on Competition subparagraph (f)(2) of Rule 19b–4 13 are allowed to trade is smaller. Pursuant In accordance with section 6(b)(8) of thereunder, because it establishes a due, to Rule 107B(i)(2)(A), a DMM unit may fee, or other charge imposed by the not act as an SLP in the same securities the Act,11 the Exchange believes that the proposed rule change would not impose Exchange. in which it is a DMM. Accordingly, a At any time within 60 days of the any burden on competition that is not SLP that is also a DMM subject to Rule filing of such proposed rule change, the necessary or appropriate in furtherance 107B(i)(2)(A) would not be eligible to be Commission summarily may of the purposes of the Act. Instead, the assigned securities in which the temporarily suspend such rule change if Exchange believes that the proposed affiliated DMM is registered, thereby it appears to the Commission that such change would contribute to the reducing the number of securities action is necessary or appropriate in the available to such an SLP to meet the Exchange’s market quality by promoting price discovery and ultimately public interest, for the protection of adding liquidity requirement, which is investors, or otherwise in furtherance of expressed as a percentage of NYSE increased competition. For the same reasons, the proposed change also the purposes of the Act. If the CADV. The Exchange further believes Commission takes such action, the that the proposed lower ADV percentage would not impose any burden on competition among market participants. Commission shall institute proceedings for such SLPs is equitable and not 14 Pricing for executions at the opening under section 19(b)(2)(B) of the Act to unfairly discriminatory because it determine whether the proposed rule would be applied equally to all SLPs would remain at the same relatively low levels and would continue to reflect the change should be approved or that are also DMMs subject to Rule disapproved. 107B(i)(2)(A). SLPs that are not DMMs benefit that market participants receive do not have the same restrictions on through the ability to have their orders IV. Solicitation of Comments interact with other liquidity at the which securities they may be assigned Interested persons are invited to as a SLP and would not be harmed by opening. Finally, the Exchange notes that it submit written data, views, and the proposal for those firms that are also arguments concerning the foregoing, DMMs. operates in a highly competitive market in which market participants can including whether the proposed rule Further, increasing the credit for SLP change is consistent with the Act. transactions providing liquidity in Less readily favor competing venues if they deem fee levels at a particular venue to Comments may be submitted by any of Active SLP Securities by $0.0005 is the following methods: reasonable because it will encourage be excessive or rebate opportunities greater liquidity and competition in available at other venues to be more Electronic Comments such securities on the Exchange. The favorable. In such an environment, the • Use the Commission’s Internet Exchange also believes that increasing Exchange must continually adjust its comment form (http://www.sec.gov/ the SLP credit is reasonable because it fees and rebates to remain competitive rules/sro.shtml); or will increase the incentive to add with other exchanges and with • Send an email to rule-comments@ liquidity across thinly traded securities alternative trading systems that have sec.gov. Please include File Number SR– where there may be fewer liquidity been exempted from compliance with NYSE–2015–08 on the subject line. providers. Once again, the Exchange the statutory standards applicable to believes that the proposed higher credit exchanges. Because competitors are free Paper Comments is equitable and not unfairly to modify their own fees and credits in • Send paper comments in triplicate discriminatory because it would apply response, and because market to Brent J. Fields, Secretary, Securities equally to all SLPs. participants may readily adjust their and Exchange Commission, 100 F Street Finally, amending the Price List to order routing practices, the Exchange NE., Washington, DC 20549–1090. remove fees that are expiring on believes that the degree to which fee All submissions should refer to File February 27, 2015 provides greater changes in this market may impose any Number SR–NYSE–2015–08. This file clarity and transparency to the Price List burden on competition is extremely number should be included on the and avoids confusion as to what trading limited. As a result of all of these subject line if email is used. To help the license fees would apply after that date. considerations, the Exchange does not Commission process and review your Further, amending the Price List to believe that the proposed changes will comments more efficiently, please use change the number of calendar days a impair the ability of member only one method. The Commission will trading license is charged a flat fee is organizations or competing order post all comments on the Commission’s reasonable because it would avoid execution venues to maintain their Internet Web site (http://www.sec.gov/ charging a fee to license holders at a flat competitive standing in the financial rate that would exceed the monthly cost markets. 12 15 U.S.C. 78s(b)(3)(A). of the license, which is scheduled to 13 17 CFR 240.19b–4(f)(2). begin on March 1, 2015. This proposal 11 15 U.S.C. 78f(b)(8). 14 15 U.S.C. 78s(b)(2)(B).

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rules/sro.shtml). Copies of the Act’’) 1 and Rule 19b–4 thereunder.2 In require it to submit a proposed rule submission, all subsequent the Proposed Rule Change, OCC change to the Commission seeking amendments, all written statements proposes to amend its Rule 1001(a) to approval of such waiver.8 Upon with respect to the proposed rule delete the requirement that OCC submission of a rule filing, the waiver change that are filed with the readjust the size of its clearing fund on may continue in effect until the Commission, and all written a monthly basis.3 On December 2, 2014, Commission approves or disapproves communications relating to the the proposed rule change was published the proposed rule change.9 proposed rule change between the in the Federal Register.4 The Although OCC monitors the Commission and any person, other than Commission received no comments to sufficiency of its clearing fund on a those that may be withheld from the the Proposed Rule Change.5 This order daily basis, OCC Rule 1001(a) provides public in accordance with the institutes proceedings under Section that it may only readjust the size of the provisions of 5 U.S.C. 552, will be 19(b)(2)(B) of the Exchange Act 6 to clearing fund on a monthly basis. On available for Web site viewing and determine whether to approve or October 15, 2014, in order to address printing in the Commission’s Public disapprove the Proposed Rule Change. certain unanticipated intra-month Reference Room, 100 F Street NE., II. Description of the Proposed Rule market volatility OCC’s Executive Washington, DC 20549, on official Change Chairman, pursuant to emergency business days between the hours of authority, temporarily waived the OCC OCC proposed this Proposed Rule 10:00 a.m. and 3:00 p.m. Copies of the Rule 1001(a) requirement that OCC Change to permit OCC to collect filing will also be available for readjust the size of its clearing fund on additional financial resources from its inspection and copying at the NYSE’s a monthly basis, allowing OCC to resize clearing members by increasing the size principal office and on its Internet Web the clearing fund intra-month. OCC was of its clearing fund on an intra-month site at www.nyse.com. All comments concerned that its current financial basis when OCC determines that such received will be posted without change; resources might not meet the total action should be taken to ensure the the Commission does not edit personal financial resources required to cover the clearing fund has sufficient resources to identifying information from default of its largest participant family. protect OCC against potential losses submissions. You should submit only The waiver permitted OCC to increase under simulated default scenarios. information that you wish to make the size of the clearing fund for the Specifically, OCC’s Proposed Rule available publicly. All submissions remainder of October 2014, prior to the Change proposes to amend Rule 1001(a) should refer to File Number SR–NYSE– next monthly resizing scheduled for the to delete the second sentence, which 2015–08 and should be submitted on or first business day of November 2014. As states, ‘‘[s]uch [clearing fund resizing before March 27, 2015. a result of the emergency action, OCC’s calculations] shall be made on a daily clearing fund for October 2014 was For the Commission, by the Division of basis, and the size of the Clearing Fund increased by $1.8 billion to a total Trading and Markets, pursuant to delegated shall be readjusted monthly based upon amount of $5.8 billion. authority.15 the average of such daily calculations Brent J. Fields, performed during the preceding B. Proposed Rule Change SR–OCC– Secretary. month.’’ 7 2014–21 [FR Doc. 2015–05159 Filed 3–5–15; 8:45 am] A. Background OCC submitted the Proposed Rule BILLING CODE 8011–01–P Change, which amends its Rule 1001(a) In emergency circumstances and by deleting the provision that requires subject to certain conditions, Article IX, OCC to readjust the size of its clearing Section 14, of OCC’s By-Laws permit SECURITIES AND EXCHANGE fund on a monthly basis, allowing OCC OCC’s Board of Directors, Executive COMMISSION to continue to collect additional Chairman, or President to waive or financial resources from its clearing suspend its by-laws, rules, policies and membership by increasing the size of its [Release No. 34–74406; File No. SR–OCC– procedures, or any other rules issued by 2014–21] clearing fund on an intra-month basis OCC, or extend the time fixed thereby when OCC determines such action for the doing of any act or acts for up should be taken so that the clearing Self-Regulatory Organizations; The to thirty calendar days. To extend such Options Clearing Corporation; Order fund is sufficient to protect OCC against a wavier or suspension for more than potential loss under simulated default Instituting Proceedings To Determine thirty calendar days, OCC’s by-laws Whether To Approve or Disapprove a scenarios.10 OCC stated that it took this action to respond to the potential risk Proposed Rule Change in Order To 1 15 U.S.C. 78s(b)(1). Permit OCC To Adjust the Size of Its 2 17 CFR 204.19b–4. On October 15, 2014, OCC under prevailing market conditions that Clearing Fund on an Intra-Month Basis also filed an emergency notice with the the clearing fund could be underfunded, Commission to suspend the effectiveness of the which could have affected OCC’s ability March 2, 2015. second sentence of Rule 1001(a). See infra note 10 to provide services in a safe and sound and accompanying discussion. manner. As noted, OCC’s waiver of the I. Introduction 3 Exchange Act Release No. 73685 (November 25, 2014) 78 FR 71479 (December 2, 2014) (SR–OCC– provisions of the second sentence of On November 13, 2014, The Options 2014–21). Rule 1001(a) is permitted to continue for Clearing Corporation (‘‘OCC’’) filed with 4 Id. the Securities and Exchange 5 On January 5, 2015, pursuant to Section 8 See OCC By-Laws, Article IX, Section 14(c). 19(b)(2)(A)(ii)(II) of the Exchange Act, as amended, 9 Commission (‘‘Commission’’) proposed Id. OCC consented to an extension until March 2, 2015, 10 On October 15, 2014, OCC also filed an rule change SR–OCC–2014–21 for the Commission to approve the proposed rule emergency notice with the Commission pursuant to (‘‘Proposed Rule Change’’) pursuant to change, disapprove the Proposed Rule Change, or Section 806(e)(2) of the Payment, Clearing, and Section 19(b)(1) of the Securities institute proceedings to determine whether to Settlement Supervision Act of 2010 (‘‘Clearing disapprove the Proposed Rule Change. 15 U.S.C. Exchange Act of 1934 (‘‘Exchange Supervision Act’’). 12 U.S.C. 5465(e)(2). See 78s(b)(2)(A)(ii)(II). Securities Exchange Act Release No. 73579 6 15 U.S.C. 78s(b)(2)(B). (November 12, 2014), 79 FR 68747 (November 18, 15 17 CFR 200.30–3(a)(12). 7 OCC Rule 1001(a). 2014) (SR–OCC–2014–807).

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no more than thirty calendar days with authority to resize the clearing rules are devoid of any timeframes unless OCC submits a proposed rule fund intra-month. Both filings are within which OCC would be required to change under Section 19 of the pending consideration by the resize its clearing fund. OCC’s clearing Exchange Act seeking approval of such Commission.14 By their terms, the fund reinforces OCC’s ability to protect waiver.11 By filing this proposed rule proposals as identified in this advanced against a clearing member’s default, and change, OCC preserved the suspended notice and proposed rule change will as such, OCC’s clearing fund size (and effectiveness of the second sentence of not take effect until all regulatory calculation thereof) would correlate Rule 1001(a) beyond thirty calendar actions required with respect to the directly with OCC’s ability to protect the days. proposed rule change presently at issue clearing agency and its members against OCC stated in its filing that it believes are completed. default.18 Without a robust framework and specific requirements in OCC’s that the proposed rule change is III. Proceedings To Determine Whether rules to resize the clearing fund on an appropriate: (i) To permit OCC to resize To Approve or Disapprove SR–OCC– expressed and periodic basis, it is not the clearing fund more frequently than 2014–21 and Grounds for Disapproval apparent that OCC will have sufficient monthly; and (ii) to determine the Under Consideration clearing fund’s size in an amount financial resources to manage the risks sufficient to protect OCC from loss by The Commission is instituting associated with the default of one or relying on a broader range of sound risk proceedings pursuant to Section more clearing members. Furthermore, 15 management practices than only the 19(b)(2)(B) of the Act to determine without such a provision in OCC’s rules, average daily calculations under Rule whether the proposed rule change clearing members may not be 1001(a) that are performed during the should be approved or disapproved. sufficiently prepared to fund OCC’s preceding calendar month. OCC stated Institution of proceedings is appropriate clearing fund calls when such calls are that it would use this authority to adjust at this time in view of the legal and made. the size of its clearing fund on an intra- policy issues raised by the Proposed With only pending proposals before month basis only to increase the size of Rule Change. As noted above, the Commission for determining the the Clearing Fund where appropriate, institution of proceedings does not clearing fund’s size,19 the Proposed Rule not to decrease the size of the Clearing indicate that the Commission has Change raises concerns about how OCC Fund. In continued reliance on the reached any conclusions with respect to will safeguard securities and funds that emergency rule waiver and the any of the issues involved. Rather, the are in its custody or control, as well as emergency notice, OCC set the Commission seeks and encourages how the Proposed Rule Change will interested persons to comment on the November 2014 clearing fund size at protect investors and the public interest Proposed Rule Change, and provide the $7.8 billion, which included an amount in the absence of any clearing fund Commission with arguments to support determined by OCC to be sufficient to resizing requirements. Consequently, the Commission’s analysis as to whether protect OCC against loss under the Commission believes that significant to approve or disapprove the Proposed simulated default scenarios (i.e., $6 questions remain as to whether the Rule Change, as amended. billion), plus a prudential margin of Proposed Rule Change is consistent Pursuant to Section 19(b)(2)(B) of the with the requirements of the Exchange safety (the additional $1.8 billion Exchange Act,16 the Commission is collected in October).12 Act, particularly when considered in providing notice of the grounds for combination with OCC’s other proposed C. Subsequent OCC Filings disapproval under consideration. The rule changes and advance notices Commission is instituting proceedings On December 1, 2014, OCC filed an currently pending before the to allow for additional analysis of, and Commission. Section 19(b)(2)(B) of the Advance Notice pursuant to Section input from commenters with respect to, 806(e)(1) of the Clearing Supervision Exchange Act provides that proceedings the Proposed Rule Change’s consistency to determine whether to approve or Act and Exchange Act Rule 19b– with Section 17A of the Exchange Act, 4(n)(1)(i)) and a corresponding proposed disapprove a proposed rule change must and in particular, Section 17A(b)(3)(F) be concluded within 180 days of the rule change, to establish procedures of the Exchange Act, which requires, regarding the monthly resizing of the date of publication of notice of the filing among other things, that the rules of a of the Proposed Rule Change. The time clearing fund and the addition of clearing agency must: (i) Assure the for conclusion of the proceedings may financial resources through intra-day safeguarding of securities and funds be extended for up to an additional 60 margin calls and/or an intra-month which are in the custody or control of days if the Commission finds good increase of the clearing fund to ensure a clearing agency; and (ii) to protect 13 cause for such extension and publishes adequate financial resources. The investors and the public interest.17 monthly clearing fund sizing procedures Here, the Proposed Rule Change is its reasons for so finding or if the self- set forth in the advance notice and proposing to eliminate the currently regulatory organization consents to the proposed rule change are based on waived second sentence of Rule 1001(a), extension. broader risk management practices and which would result in the elimination IV. Procedure: Request for Written establish the procedures that OCC of the monthly resizing requirement. In Comments would use to determine the size of the the absence of an alternative, OCC’s clearing fund on a monthly basis. These The Commission requests that interested persons provide written filings, however, do not provide OCC 14 On January 27, 2015, the Commission requested additional information regarding submissions of their views, data, and 11 See supra note 8. Advance Notice SR–OCC–2014–811, which tolled arguments with respect to the concerns 12 See Information Memorandum #35507, dated the review period pursuant to Section 806(e)(1) of identified above, as well as any others October 31, 2014, http://www.theocc.com/clearing/ the Clearing Supervision Act. 12 U.S.C. 5465(e)(1). they may have with the Proposed Rule clearing-infomemos/infomemos1.jsp. OCC has also voluntarily extended the statutory review period for the review pursuant to Exchange Change. In particular, the Commission 13 See Exchange Release No. 74091 (January 20, invites the written views of interested 2015), 80 FR 4001 (January 26, 2015) (SR–OCC– Act Section 19(b)(2)(A)(ii)(II). 15 U.S.C. 2014–811, as modified by Amendment No. 1); 78s(B)(2)(A)(ii)(II). Exchange Act Release No. 73853 (December 16, 15 15 U.S.C. 78s(b)(2)(B). 18 See http://optionsclearing.com/components/ 2014), 79 FR 76417 (December 22, 2014) (SR–OCC– 16 15 U.S.C. 78s(b)(2)(B). docs/about/occ_financial_guarantee.pdf. 2014–22, as modified by Amendment No. 1). 17 See 15 U.S.C. 78q–1(b)(3)(F). 19 See supra note 13 and accompanying text.

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persons concerning whether the printing in the Commission’s Public the Federal Register on December 17, proposed rule change is inconsistent Reference Room, 100 F Street NE., 2014.3 On January 30, 2015, the with Section 17A of the Exchange Act Washington, DC 20549, on official Commission designated a longer period or any other provision of the Exchange business days between the hours of for Commission action on the proposed Act, or the rules and regulations 10:00 a.m. and 3:00 p.m. Copies of such rule change, until March 17, 2015.4 The thereunder. Although there do not filings also will be available for Commission received no comments on appear to be any issues relevant to inspection and copying at the principal the proposal. This order approves the approval or disapproval which would office of OCC and on OCC’s Web site at proposed rule change. be facilitated by an oral presentation of http://www.theocc.com/components/ II. Description of the Proposal views, data, and arguments, the docs/legal/rules_and_bylaws/sr_occ_14_ Commission will consider, pursuant to 21.pdf. All comments received will be The Exchange proposes to amend Rule 19b–4, any request for an posted without change; the Commission section 802.01E of its Listed Company opportunity to make an oral does not edit personal identifying Manual (the ‘‘Late Filer Rule’’) to: (i) presentation.20 information from submissions. You Expand the rule to impose a maximum Interested persons are invited to should submit only information that period within which a company must submit written data, views, and you wish to make available publicly. file a late quarterly report on Form arguments on or before March 27, 2015. All submissions should refer to File 10–Q in order to maintain its listing, Any person who wishes to file a rebuttal Number SR–OCC–2014–21 and should and (ii) clarify the Exchange’s treatment to any other person’s submission must be submitted on or before March 27, of companies whose annual or quarterly file that rebuttal on or before April 10, 2015. If comments are received, any reports are defective at the time of filing 2015. Comments may be submitted by rebuttal comments should be submitted or become defective at some subsequent any of the following methods: on or before April 10, 2015. date. Currently, the Late Filer Rule deems Electronic Comments For the Commission, by the Division of a listed company to be delinquent in • Trading and Markets, pursuant to delegated Use the Commission’s Internet authority.21 filing its annual report on Forms 10–K, comment form (http://www.sec.gov/ Brent J. Fields, 20–F, 40–F or N–CSR with the Commission if it fails to submit the rules/sro.shtml); or Secretary. • Send an email to rule-comments@ filing by the date such report was sec.gov. Please include File Number SR– [FR Doc. 2015–05160 Filed 3–5–15; 8:45 am] required to be filed by the applicable OCC–2014–21 on the subject line. BILLING CODE 8011–01–P form, or if a Form 12b–25 was timely filed with the Commission, the Paper Comments extended filing due date for the annual SECURITIES AND EXCHANGE • Send paper comments in triplicate report. During the six-month period COMMISSION to Secretary, Securities and Exchange from the date of such delinquency, the Commission, 100 F Street NE., [Release No. 34–74412; File No. SR–NYSE– Exchange monitors the company and Washington, DC 20549–1090. 2014–65] the status of the delinquent annual All submissions should refer to File report, including through contact with Number SR–OCC–2014–21. This file Self-Regulatory Organizations; New the company, until the filing number should be included on the York Stock Exchange LLC; Order delinquency is cured. If the company subject line if email is used. To help the Approving a Proposed Rule Change fails to cure such delinquency within Commission process and review your Amending Its Continued Listing the initial six-month period, the comments more efficiently, please use Requirements, as Set Forth in Section Exchange may, in its sole discretion, only one method. The Commission will 802.01E of the Exchange’s Listed allow the company’s securities to be post all comments on the Commission’s Company Manual, in Relation to the traded for up to an additional six-month Internet Web site (http://www.sec.gov/ Late Filing of a Company’s Annual or period depending on the company’s rules/sro.shtml). Copies of the Quarterly Report With the Securities specific circumstances. The Exchange submission, all subsequent and Exchange Commission will commence suspension and amendments, all written statements March 2, 2015. delisting procedures in accordance with with respect to the proposed rule Section 804.00 of the Listed Company change that are filed with the I. Introduction Manual if the Exchange determines that Commission, and all written On December 4, 2014, New York an additional trading period of up to six communications relating to the Stock Exchange LLC (‘‘NYSE’’ or the months is not appropriate, or if the proposed rule change between the ‘‘Exchange’’) filed with the Securities Exchange determines that an additional Commission and any person, other than and Exchange Commission (‘‘SEC’’ or trading period of up to six months is those that may be withheld from the ‘‘Commission’’), pursuant to section appropriate and the company fails to public in accordance with the 19(b)(1) of the Securities Exchange Act file its annual report by the end of the provisions of 5 U.S.C. 552, will be of 1934 (‘‘Act’’) 1 and Rule 19b–4 additional period. available for Web site viewing and thereunder,2 a proposed rule change to A company is not currently subject to amend its continued listing the compliance periods set forth in the 20 Section 19(b)(2) of the Exchange Act, as requirements, set forth in section Late Filer Rule in connection with a amended by the Securities Acts Amendments of 802.01E of its Listed Company Manual, failure to timely file a quarterly report 1975, Pub. L. 94–29, 89 Stat. 97 (1975), grants the on Form 10–Q with the SEC.5 Moreover, Commission flexibility to determine what type of with respect to companies whose proceeding—either oral or notice and opportunity required annual or quarterly reports are for written comments—is appropriate for late or defective. The proposed rule 3 See Securities Exchange Act Release No. 73821 consideration of a particular proposal by a self- change was published for comment in (December 11, 2014), 79 FR 75217 (‘‘Notice’’). regulatory organization. See Securities Acts 4 See Securities Exchange Act Release No. 74184, Amendments of 1975, Report of the Senate 80 FR 6558 (February 5, 2015). Committee on Banking, Housing and Urban Affairs 21 17 CFR 200.30–3(a)(57). 5 While a company is not currently subject to the to Accompany S. 249, S. Rep. No. 75, 94th Cong., 1 15 U.S.C. 78s(b)(1). compliance periods in the Late Filer Rule in 1st Sess. 30 (1975). 2 17 CFR 240.19b–4. connection with the failure to timely file a Form

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the Late Filer Rule currently does not should no longer be relied upon because Upon the occurrence of a Filing explicitly detail the Exchange’s of an error in such financial statements Delinquency, the Exchange would treatment of companies whose annual or or, in the case of a foreign private issuer, promptly send written notification to a quarterly reports are defective. The makes a similar disclosure in a Form company of its procedures relating to Exchange has now proposed to amend 6–K filed with the Commission or by late filings (the ‘‘Filing Delinquency its Late Filer Rule to add these elements. other means (a ‘‘Non-Reliance Notification’’).8 As is the case under the Specifically, the Exchange has Disclosure’’) and, in either case, the current rule, within five days of the date proposed to amend its Late Filer Rule to company does not refile all required of the Filing Delinquency Notification, explicitly state that, for purposes of corrected financial statements within 60 the company would be required to remaining listed on the Exchange, a days of the issuance of the Non-Reliance contact the Exchange to discuss the company would incur a filing Disclosure (an ‘‘Extended Non-Reliance status of the Delinquent Report and delinquency and be subject to the Disclosure Event’’ and, together with a issue a press release disclosing the procedures set forth in the amended Late Filing Delinquency, a Required occurrence of the Filing Delinquency, rule on the date on which any of the Audit Report Delinquency and a the reason therefor, and (if known) the following occurs: Required Audit Report Withdrawal anticipated date such Filing • The company fails to file its annual Delinquency, a ‘‘Filing Delinquency’’) Delinquency will be cured via the filing report or its quarterly report on Form (for purposes of the cure periods or refiling of the applicable report, as 10–Q with the Commission by the date described in the rule, an Extended Non- the case may be.9 such report was required to be filed by Reliance Disclosure Event would be During the six-month period from the the applicable form (or extended due deemed to have occurred on the date of date of the Filing Delinquency (the date if a Form 12b–25 is timely filed original issuance of the Non-Reliance ‘‘Initial Cure Period’’), the Exchange with the Commission) (the ‘‘Filing Due Disclosure); if the Exchange believes would monitor the company and the Date,’’ and the failure to file a report by that a company is unlikely to refile all status of the Delinquent Report and any the applicable Filing Due Date, a ‘‘Late required corrected financial statements subsequent annual report or quarterly Filing Delinquency’’); within 60 days after a Non-Reliance report on Form 10–Q the company fails • The company files its annual report Disclosure or that the errors giving rise to file by the applicable Filing Due Date without an audit report from its to such Non-Reliance Disclosure are (a ‘‘Subsequent Report’’), through independent auditor for any or all of the particularly severe in nature, the contact with the company, until the periods included in such annual report 10 Exchange may, in its sole discretion, Filing Delinquency is cured. If the (a ‘‘Required Audit Report’’ and the determine earlier than 60 days that the company fails to cure the Filing absence of a Required Audit Report, a applicable company has incurred a Delinquency within the Initial Cure ‘‘Required Audit Report Delinquency’’); Period, the Exchange may, in its sole • The company’s independent Filing Delinquency as a result of such Non-Reliance Disclosure.6 discretion, allow the company’s auditor withdraws a Required Audit securities to be traded for up to an Report or the company files a Form Additionally, under the proposed rule, additional six-month period (the 8–K with the Commission pursuant to the Exchange would deem a company to ‘‘Additional Cure Period’’) depending Item 4.02(b) thereof disclosing that it have incurred a Late Filing Delinquency on the company’s specific has been notified by its independent if it submits an annual report or Form circumstances.11 If the Exchange auditor that a Required Audit Report or 10–Q to the Commission by the determines that an Additional Cure completed interim review should no applicable Filing Due Date, but such Period is not appropriate, suspension longer be relied upon (a ‘‘Required filing fails to include an element and delisting procedures would Audit Report Withdrawal required by the applicable form and the commence in accordance with the Delinquency’’); or Exchange determines in its sole procedures set out in section 804.00 of • The company files a Form 8–K with discretion that such deficiency is the Manual.12 A company would not be the Commission pursuant to Item material in nature.7 eligible to follow the procedures 4.02(a) thereof to disclose that outlined in sections 802.02 and 802.03 previously issued financial statements 6 See proposed section 802.01E of the Listed with respect to this criterion.13 Company Manual (‘‘Manual’’). The proposed rule Notwithstanding the foregoing, 10–Q, such companies are subject to the Exchange’s states that the annual report or Form 10–Q that however, under the proposed rule the late filer (or ‘‘.LF’’) indicator process. The .LF gives rise to a Filing Delinquency shall be referred indicator is appended to the company’s trading to therein as the ‘‘Delinquent Report.’’ Id. symbol as disseminated on the consolidated tape 7 Id. The Exchange states that the following is a 8 See proposed section 802.01E of the Manual. and to market data vendors, and the company’s non-exclusive list of elements that would cause the The Exchange states that it typically sends such name is included on the late filer list on the Exchange to deem the company to have incurred a notification within five business days. See Notice, Exchange’s Web site. The .LF indicator and web Late Filing Delinquency: The filing does not 79 FR at 75218. posting commence five days after the due date or include required financial statements or a required 9 See proposed section 802.01E of the Manual. If extended due date (if applicable) of the first late audit opinion; a required financial statement audit the company has not issued the required press annual report or Form 10–Q (unless the company opinion includes qualifying or disclaiming language release within five days of the date of the Filing has submitted the required report within that five or the auditor provides an adverse financial Delinquency Notification, the Exchange will issue day period) and continue until the company statement audit opinion; a required financial a press release stating that the company has becomes current again with respect to all required statement audit opinion is unsigned or undated; incurred a Filing Delinquency and providing a periodic reports. In addition, the Commission notes there is a discrepancy between the period end date description thereof. Id. that a listed company is obligated to comply with for required financial statements and the date cited 10 Id. Under the proposed amended rule, a the Exchange’s listing agreement, which requires, in the related audit report; the company’s auditor company that has an uncured Filing Delinquency among other things, that the company file all has not conducted a SAS 100 review with respect would not incur an additional Filing Delinquency required periodic financial reports with the SEC, to the company’s Form 10–Q; required chief if it fails to file a Subsequent Report by the including quarterly or semi-annual reports (and executive officer or chief financial officer applicable Filing Due Date. However, in order for annual reports), by the due dates established by the certifications are missing; a Sarbanes-Oxley Act the company to cure its initial Filing Delinquency, SEC, and which states that the Exchange may, section 404 required internal control report or no Subsequent Report may be delinquent or consistent with applicable laws and SEC rules, auditor certification is missing; the filing does not deficient on the date by which the initial Filing suspend a listed company’s securities and comply with the applicable SEC XBRL Delinquency is required to be cured. Id. commence delisting proceedings upon failure of the requirements; or the filing does not include 11 Id. company to comply with any one or more sections signatures of officers or directors required by the 12 Id. of the listing agreement. applicable form. See Notice, 79 FR at 75218 n.6. 13 Id.

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Exchange may in its sole discretion currently does, would strongly thereunder applicable to a national decide: (i) Not to afford a company any encourage companies to provide securities exchange.24 In particular, the Initial Cure Period or Additional Cure ongoing disclosure on the status of the Commission finds that the proposed Period, as the case may be, at all; or (ii) Delinquent Report and any Subsequent rule change is consistent with section at any time during the Initial Cure Reports to the market through press 6(b)(5) of the Act,25 which requires, Period or Additional Cure Period, as the releases, and would also take the among other things, that the rules of a case may be, to truncate the Initial Cure frequency and detail of such national securities exchange be Period or Additional Cure Period, as the information into account in determining designed to promote just and equitable case may be, and immediately whether an Additional Cure Period is principles of trade, to remove commence suspension and delisting appropriate.17 impediments to and perfect the procedures if the company is subject to As proposed, if the Exchange mechanism of a free and open market delisting pursuant to any other determines that an Additional Cure and a national market system, and, in provision of the Manual, including if Period is appropriate and the company general, to protect investors and the the Exchange believes, in its sole fails to file the Delinquent Report and public interest; and are not designed to discretion, that continued listing and all Subsequent Reports by the end of permit unfair discrimination between trading of a company’s securities on the such additional period, suspension and customers, issuers, brokers, or dealers. Exchange is inadvisable or unwarranted delisting procedures would commence The Commission believes that the in accordance with sections 802.01A, immediately in accordance with the goal of ensuring that listed companies 802.01B, 802.01C or 802.01D of the procedures set out in section 804.00.18 have filed accurate, up-to-date reports Manual.14 In no event would the Exchange under the Act is of critical importance The Exchange may also commence continue to trade a company’s securities so that investors have reliable suspension and delisting procedures if if: (i) it has failed to cure its Filing information upon which they can make it believes, in its sole discretion, that it Delinquency; and (ii) it is not current informed investment decisions. For the is advisable to do so based on an with all Subsequent Reports, on the date same reason, it is also important that analysis of all relevant factors, that is twelve months after its initial companies with stale or defective including, but not limited to: Filing Delinquency.19 publicly filed financial information do • Whether there are allegations of The Exchange has proposed that its not remain listed on a national financial fraud or other illegality in amended Late Filer Rule become securities exchange if such information relation to the company’s financial operative on March 1, 2015.20 is not brought up-to-date or the reporting; Accordingly, the current provisions of deficiency cured in a timely manner. • The resignation or termination by section 802.01E of the Manual would be The Commission previously stated its the company of the company’s applicable to any listed company that view that the NYSE should consider independent auditor due to a fails to timely file an annual report shortening the timeframes within which disagreement; (Forms 10–K, 20–F, 40–F or N–CSR) a company would be delisted for failing • Any extended delay in appointing a prior to March 1, 2015.21 On or after to file annual reports as well as new independent auditor after a prior March 1, 2015, any listed company that extending such requirements to issuers auditor’s resignation or termination; fails to timely file an annual report, or that are late in filing their quarterly • The resignation of members of the quarterly report on Form 10–Q, would reports with the Commission.26 The company’s audit committee or other be subject to the amended provisions of Commission believes that the proposed directors; Section 802.01E.22 Any listed company rule change, by including quarterly • The resignation or termination of that is late as of March 1, 2015, in filing reports, should help to prevent an the company’s chief executive officer, a Form 10–Q with a due date prior to undue amount of time from passing chief financial officer or other key that date would not be subject to the without the company’s annual or senior executives; proposed amended rule with respect to quarterly reports being provided to the • Any evidence that it may be that filing; however, any such company marketplace. impossible for the company to cure its would be subject to the proposed The Commission also believes that the Filing Delinquency within the cure amended rule with respect to any proposed changes to section 802.01E of periods otherwise available under the periodic report it does not file on a the Manual should help to ensure that Late Filer Rule; and timely basis with a due date that is on companies cannot continue to trade for • Any past history of late filings.15 or after March 1, 2015.23 extended periods of time without In determining whether an Additional III. Discussion and Commission making their annual and interim reports Cure Period after the expiration of the Findings publicly available.27 In this regard, the Initial Cure Period is appropriate, the Exchange would, as is currently the After careful review, the Commission 24 In approving this proposal, the Commission has case, consider the likelihood that the finds that the proposed rule change is considered the proposed rule’s impact on Delinquent Report and all Subsequent consistent with the requirements of the efficiency, competition, and capital formation. See Act and the rules and regulations 15 U.S.C. 78c(f). Reports can be filed or refiled, as 25 15 U.S.C. 78f(b)(5). applicable, during the Additional Cure 26 See Securities Exchange Act Release No. 51777 17 Id. Period, as well as the company’s general 18 (June 2, 2005), 70 FR 33573 (June 8, 2005). Id. 27 financial status, based on information 19 The Commission notes that, although section Id. See supra note 10. 802.01E does not specifically provide for late filer provided by a variety of sources, 20 See Notice, 79 FR at 75219. treatment if a foreign private issuer fails to provide including the company, its audit 21 Id. Both prior to and after March 1, 2015, the quarterly or semi-annual financial information, committee, its outside auditors, the staff Exchange’s other continued listing standards violation of section 802.01D could result in a of the SEC and any other regulatory would, of course, continue to apply, including the foreign private issuer becoming subject to delisting. body.16 Further, the Exchange, as it ability to suspend and delist if any other event or Specifically, section 802.01D provides that a listed condition exists or occurs that makes further company could be subject to delisting under dealings or listing of the securities on the Exchange sections 802.02 and 802.03 for ‘‘failure of a 14 Id. inadvisable or unwarranted. company to make timely, adequate, and accurate 15 Id. 22 Id. disclosures of information to its shareholders and 16 Id. 23 Id. the investing public.’’ The Commission believes

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Commission notes that the proposed that a larger segment of the financial provision in the new rules concerning a rule change should help reduce those information investors may rely upon listed company that files an 8–K or 6– situations in which investors when deciding whether to invest in a K announcing a Non-Reliance continuously have outdated or stale company listed on the Exchange is up- Disclosure having 60 days to correct its financial information upon which to to-date and accurate. Further, by financial statements, the proposal makes base their investment decisions. As is detailing what the Exchange considers clear that the Filing Delinquency will discussed above, a company that has an to be a defective annual or quarterly date from the original announcement of uncured Filing Delinquency would not report and how the Exchange treats the Non-Reliance Disclosure if it is not be able to cure the Filing Delinquency listed companies whose filed reports cured within 60 days. This will ensure until all subsequent annual or quarterly suffer from a deficiency, the that the period for curing a Non- reports that are delinquent have been Commission believes that the proposed Reliance Disclosure will not extend past filed.28 In other words, once it is a rule change promotes just and equitable the 12 month period given to listed delinquent filer, a company can only principles of trade by providing companies that have had another type of become current in its filings if all of its additional transparency to listed Filing Delinquency. annual and quarterly filings have been companies as to what could cause them submitted to the SEC within 12 months to become subject to the section 802.01E Finally, the Commission notes that of the first Filing Delinquency. Under delisting procedures for a late or the time periods allowed to cure a Filing the current rule by contrast, only annual deficient filing. For example, as noted Delinquency are maximums for reports trigger the suspension and above, Exchange rules will be clear that purposes of continued listing. The new delisting procedures of section 802.01E a company that files an 8-K pursuant to provisions being adopted provide of the Manual. Furthermore, a listed Item 4.02(b) thereof and has a Required additional transparency to investors and company that demonstrates a history of Audit Report Withdrawal Delinquency the marketplace but also give the delinquent filings could still be subject will be subject to the procedures in Exchange discretion to analyze the to delisting under the proposed rule section 802.01E and can only be particular case and consider whether it change without the Exchange affording extended a maximum of 12 months to is appropriate to commence suspension it any cure period at all (or at any time cure the delinquency. Moreover, and and delisting procedures immediately during an initial or additional cure importantly, this additional based on the particular facts, as well period) as a result of the Exchange’s transparency, as well as the more giving the Exchange discretion to grant ability to commence suspension and stringent requirements set forth in the an additional six month cure period, or delisting procedures based on a amended rule, could encourage listed shorten any time periods previously company’s ‘‘past history of late companies to take extra care to ensure given. The new rules provide additional filings.’’ 29 The Commission believes that their filed reports are timely and transparency by setting forth certain these provisions will enable the accurate, which would protect investors factors that may cause immediate Exchange to delist those companies that and the public interest. To the extent have demonstrated a history of this occurs, the Commission believes delisting or shortened periods, such as providing outdated or stale financial that the proposal also has the potential resignation of a company’s chief information to investors and help the to enhance the reliability of reports filed executive officer, financial officer or Exchange address the situation where a by companies listed on the Exchange as members of the audit committee; company becomes current within 12 well as investor confidence in such allegations of fraud or other illegality in months and then a short while later, reports, which should help to perfect relation to financial reporting; and past such as by the next Commission filing the mechanism of a free and open history of late filings. We expect the date, incurs another Filing Delinquency. market. Exchange to carefully review each Filing In such a case, the Commission would The new rules also give the Exchange Deficiency and ensure that the public be concerned that investors continue to discretion in certain areas when a filing interest is being served by continued rely on outdated information and do not fails to include an element required by trading. As noted above, the importance have current financial information on a the applicable Commission form and the of timely and complete Commission timely basis in which to make their Exchange determines in in its sole filings to ensure that investors and the trading and investment decisions. The discretion that such deficiency is marketplace have accurate and up-to- Commission believes that the proposal material in nature. The rule filing date information about publicly traded is reasonably designed to further these provided a non-exclusive list of companies is of extreme importance for goals of investor protection and elements that, if missing from a filing, confidence in our public markets.30 therefore is consistent with the Act and would cause the Exchange to deem the section 6(b)(5) thereunder. company to have incurred a Filing IV. Conclusion Additionally, by clearly stating that Delinquency. The Exchange stated in its the Exchange’s Late Filer Rule applies It is therefore ordered, pursuant to rule filing that, in making this section 19(b)(2) of the Act,31 that the not only to companies that file late or determination, it would not be making defective annual reports but also proposed rule change (SR–NYSE–2014– any judgments as to the sufficiency of 65) be, and it hereby is, approved. broadening the delisting procedures to the filing in question for purposes of include listed companies that file late or compliance with Commission rules, but 30 defective quarterly reports, the rather only for purposes of compliance As noted above, the Exchange strongly Commission believes that the proposal encourages companies to provide ongoing with Exchange rules. The Commission disclosure on the status of the Delinquent Report should benefit the public interest and emphasizes that any determination by and any Subsequent Reports to the market through protect investors by helping to assure the Exchange that a missing element is press releases, and would also take the frequency not material for purposes of a Filing and detail of such information into account in that failure by a listed company to make interim determining whether an Additional Cure Period is financial disclosures, on at least a semi-annual Delinquency has no effect on the appropriate. The Commission believes such basis, would meet this definition. company’s compliance with disclosures are very important to the marketplace 28 See supra note 10. Commission rules. The Commission during the delinquency period. 29 See supra note 15 and accompanying text. further notes that while there is a 31 15 U.S.C. 78s(b)(2).

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For the Commission, by the Division of Gottex Multi-Asset Endowment Fund— Filing Date: The applications were Trading and Markets, pursuant to delegated II [File No. 811–22412]; Gottex Multi- filed on February 4, 2015. authority.32 Asset Endowment Fund—I [File No. Applicants’ Address: 1555 Peachtree Brent J. Fields, 811–22413]; Gottex Multi-Asset St. NE., Ste. 1800, Atlanta, GA 30309. Secretary. Endowment Master Fund [File No. 811– 22415] Invesco Municipal Premium Income [FR Doc. 2015–05191 Filed 3–5–15; 8:45 am] Trust [File No. 811–5688]; Invesco Van BILLING CODE 8011–01–P Summary: Each applicant, a closed- Kampen Trust for Value Municipals end investment company, seeks an [File No. 811–6472]; Invesco Van order declaring that it has ceased to be Kampen Select Sector Municipal Trust SECURITIES AND EXCHANGE an investment company. On February 2, [File No. 811–8000] COMMISSION 2015, each applicant made a final liquidating distribution to its Summary: Each applicant, a closed- end investment company, seeks an [Release No. IC–31490] shareholders, based on net asset value. Applicants have retained approximately order declaring that it has ceased to be an investment company. Applicants Notice of Applications for $144,877, $80,148 and $271,414, respectively, to pay shareholders their transferred their assets to Invesco Van Deregistration Under Section 8(f) of the Kampen Municipal Opportunity Trust Investment Company Act of 1940 remaining balances and to pay applicants’ remaining expenses. (now known as Invesco Municipal February 27, 2015. Expenses of $2,300, $2,300 and $9,900, Opportunity Trust), and on October 15, 2012, made distributions to their The following is a notice of respectively, incurred in connection with the liquidations were paid by shareholders based on net asset value. applications for deregistration under Expenses of $194,646, $203,231, and section 8(f) of the Investment Company applicants. Filing Date: The applications were $203,911, respectively, incurred in Act of 1940 for the month of February filed on February 4, 2015. connection with the reorganizations 2015. A copy of each application may be Applicants’ Address: One Boston were paid by Invesco Advisers, Inc., obtained via the Commission’s Web site Place, Ste. 2600, 201 Washington St., applicants’ investment adviser. by searching for the file number, or for Boston, MA 02109. Filing Date: The applications were an applicant using the Company name filed on February 4, 2015. box, at http://www.sec.gov/search/ Highland Special Situations Fund [File Applicants’ Address: 1555 Peachtree search.htm or by calling (202) 551– No. 811–21769] St. NE., Ste. 1800, Atlanta, GA 30309. 8090. An order granting each Summary: Applicant, a closed-end Invesco Value Municipal Trust [File application will be issued unless the investment company, seeks an order No. 811–6434]; Invesco Value SEC orders a hearing. Interested persons declaring that it has ceased to be an Municipal Securities [File No. 811– may request a hearing on any investment company. Applicant 7109] application by writing to the SEC’s transferred its assets to Highland Secretary at the address below and Opportunistic Credit Fund, a series of Summary: Each applicant, a closed- serving the relevant applicant with a Highland Funds I, and on July 1, 2014, end investment company, seeks an copy of the request, personally or by made a distribution to its shareholders, order declaring that it has ceased to be mail. Hearing requests should be based on net asset value. Expenses of an investment company. Applicants received by the SEC by 5:30 p.m. on approximately $312,224 incurred in transferred their assets to Invesco Value Municipal Income Trust, and on March 24, 2015, and should be connection with the reorganization were October 15, 2012, made distributions to accompanied by proof of service on paid by the acquiring fund. their shareholders based on net asset applicants, in the form of an affidavit or, Filing Date: The application was filed on February 2, 2015. value. Expenses of $175,385 and for lawyers, a certificate of service. $152,464, respectively, incurred in Pursuant to Rule 0–5 under the Act, Applicant’s Address: 200 Crescent Court, Ste. 700, Dallas, TX 75201. connection with the reorganizations hearing requests should state the nature were paid by Invesco Advisers, Inc., of the writer’s interest, any facts bearing Invesco Municipal Income applicants’ investment adviser. upon the desirability of a hearing on the Opportunities Trust II [File No. 811– Filing Date: The applications were matter, the reason for the request, and 5793]; Invesco Municipal Income filed on February 4, 2015. the issues contested. Persons who wish Opportunities Trust III [File No. 811– Applicants’ Address: 1555 Peachtree to be notified of a hearing may request 6052] St. NE., Ste. 1800, Atlanta, GA 30309. notification by writing to the Summary: Each applicant, a closed- Invesco Value Municipal Bond Trust Commission’s Secretary. end investment company, seeks an [File No. 811–6053] ADDRESSES: The Commission: Brent J. order declaring that it has ceased to be Fields, Secretary, U.S. Securities and an investment company. Applicants Summary: Applicant, a closed-end investment company, seeks an order Exchange Commission, 100 F Street NE., transferred their assets to Invesco Municipal Income Opportunities Trust, declaring that it has ceased to be an Washington, DC 20549–1090. and on August 27, 2012, made investment company. Applicant FOR FURTHER INFORMATION CONTACT: distributions to their shareholders transferred its assets to Invesco Value Diane L. Titus at (202) 551–6810, SEC, Income Opportunities Trust, and on Municipal Income Trust, and on Division of Investment Management, August 27, 2012, made distributions to October 15, 2012, made a distribution to Chief Counsel’s Office, 100 F Street NE., their shareholders based on net asset its shareholders based on net asset Washington, DC 20549–8010. value. Expenses of $199,316, and value. Expenses of $148,082 incurred in $183,131, respectively, incurred in connection with the reorganization were connection with the reorganizations paid by applicant. were paid by Invesco Advisers, Inc., Filing Date: The application was filed 32 17 CFR 200.30–3(a)(12). applicants’ investment adviser. on February 4, 2015.

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Applicant’s Address: 1555 Peachtree Invesco California Municipal Securities Filing Dates: The application was St. NE., Ste. 1800, Atlanta, GA 30309. [File No. 811–7111]; Invesco California filed on January 27, 2015. Municipal Income Trust [File No. 811– Applicant’s Address: Victory Capital Invesco New York Quality Municipal 7344]; Invesco California Quality Management Inc., 4900 Tiedeman Rd. Securities [File No. 811–7562] Municipal Securities [File No. 811– 4th Floor, Brooklyn, OH 44144. Summary: Applicant, a closed-end 7564] iShares MSCI Russia Capped ETF, Inc. investment company, seeks an order Summary: Each applicant, a closed- [File No. 811–22421] declaring that it has ceased to be an end investment company, seeks an Summary: Applicant seeks an order investment company. Applicant order declaring that it has ceased to be transferred its assets to Invesco Van declaring that it has ceased to be an an investment company. Applicants investment company. Applicant Kampen Trust for Investment Grade transferred their assets to Invesco Van New York Municipals (now known as transferred its assets to iShares MSCI Kampen California Value Municipal Russia Capped ETF, a series of iShares, Invesco Trust for Investment Grade New Income Trust (now known as Invesco York Municipals), and on August 27, Inc., and on January 26, 2015, made a California Value Municipal Income distribution to its shareholders based on 2012, made a distribution to its Trust), and on August 27, 2012, made net asset value. BlackRock Fund shareholders based on net asset value. distributions to their shareholders based Advisors, applicant’s investment Expenses of $259,706, incurred in on net asset value. Expenses of adviser, paid the expenses incurred in connection with the reorganization were $179,549, $192,823, and $179,549, connection with the reorganization. paid by Invesco Advisers, Inc., respectively, incurred in connection Filing Date: The application was filed applicant’s investment adviser. with the reorganizations were paid by on January 26, 2015. Filing Date: The application was filed Invesco Advisers, Inc., applicants’ Applicant’s Address: c/o State Street on February 4, 2015. investment adviser. Bank and Trust Company, 1 Iron St., Applicant’s Address: 1555 Peachtree Filing Date: The applications were Boston, MA 02210. St. NE., Ste. 1800, Atlanta, GA 30309. filed on February 4, 2015. Applicants’ Address: 1555 Peachtree For the Commission, by the Division of Invesco Quality Municipal Investment St. NE., Ste. 1800, Atlanta, GA 30309. Investment Management, pursuant to Trust [File No. 811–6346]; Invesco delegated authority. Invesco Van Kampen Ohio Quality Quality Municipal Securities [File No. Jill M. Peterson, Municipal Trust [File No. 811–6364]; 811–7560] Assistant Secretary. Invesco Van Kampen Trust for [FR Doc. 2015–05216 Filed 3–5–15; 8:45 am] Investment Grade New Jersey Summary: Each applicant, a closed- BILLING CODE 8011–01–P end investment company, seeks an Municipals [File No. 811–6536]; Invesco order declaring that it has ceased to be Van Kampen Massachusetts Value an investment company. Applicants Municipal Income Trust [File No. 811– SECURITIES AND EXCHANGE transferred their assets to Invesco 7088] COMMISSION Quality Municipal Income Trust, and on Summary: Each applicant, a closed- October 15, 2012, made distributions to end investment company, seeks an Proposed Collection; Comment their shareholders based on net asset order declaring that it has ceased to be Request value. Expenses of $197,200 and an investment company. Applicants Upon Written Request, Copies Available $202,100, respectively, incurred in transferred their assets to Invesco Van From: Securities and Exchange connection with the reorganizations Kampen Municipal Trust (now known Commission, Office of FOIA Services, were paid by Invesco Advisers, Inc., as Invesco Municipal Trust), and on 100 F Street NE., Washington, DC applicants’ investment adviser. October 15, 2012, made distributions to 20549–2736. Filing Date: The applications were their shareholders based on net asset filed on February 4, 2015. value. Expenses of $188,271, $186,904 Extension: Rule 30e–2. SEC File No. 270–437, OMB Applicants’ Address: 1555 Peachtree and $183,827, respectively, incurred in Control No. 3235–0494. St. NE., Ste. 1800, Atlanta, GA 30309. connection with the reorganizations were paid by Invesco Advisers, Inc., Notice is hereby given that, pursuant Invesco High Yield Investments Fund, applicants’ investment adviser. to the Paperwork Reduction Act of 1995 Inc. [File No. 811–8044] Filing Date: The applications were (44 U.S.C. 3501 et seq.) (‘‘Paperwork Reduction Act’’), the Securities and Summary: Applicant, a closed-end filed on February 4, 2015. Applicants’ Address: 1555 Peachtree Exchange Commission (the investment company, seeks an order St. NE., Ste. 1800, Atlanta, GA 30309. ‘‘Commission’’) is soliciting comments declaring that it has ceased to be an on the collection of information investment company. Applicant Munder Series Trust [File No. 811– summarized below. The Commission transferred its assets to Invesco Van 21294] plans to submit this existing collection Kampen High Income Trust II (now Summary: Applicant seeks an order of information to the Office of known as Invesco High Income Trust II), declaring that it has ceased to be an Management and Budget (‘‘OMB’’) for and on August 27, 2012, made investment company. Applicant extension and approval. distributions to its shareholders based transferred its assets to corresponding Rule 30e–2 (17 CFR 270.30e–2) under on net asset value. Expenses of $275,566 series of The Victory Portfolios, and on the Investment Company Act of 1940 incurred in connection with the October 31, 2014, made a distribution to (15 U.S.C. 80a–1 et seq.) (‘‘Investment reorganization were paid by Invesco its shareholders based on net asset Company Act’’) requires registered unit Advisers, Inc., applicant’s investment value. Expenses of $3,896,437 incurred investment trusts (‘‘UITs’’) that invest adviser. in connection with the reorganization substantially all of their assets in shares Filing Date: The application was filed were paid by Munder Capital of a management investment company on February 4, 2015. Management, applicant’s investment (‘‘fund’’) to send their unitholders Applicant’s Address: 1555 Peachtree adviser, and Victory Capital annual and semiannual reports St. NE., Ste. 1800, Atlanta, GA 30309. Management Inc. containing financial information on the

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underlying company. Specifically, rule Therefore, the Commission estimates SECURITIES AND EXCHANGE 30e–2 requires that the report contain that the total hour burden is COMMISSION all the applicable information and approximately 84,700 hours. In addition financial statements or their equivalent, to the burden hours, the Commission [Release No. 34–74410; File No. SR–NYSE– required by rule 30e–1 under the estimates that the annual cost of 2015–09] Investment Company Act (17 CFR contracting for outside services 270.30e–1) to be included in reports of associated with rule 30e–2 is $20,000 Self-Regulatory Organizations; New the underlying fund for the same fiscal per respondent, for a total annual cost York Stock Exchange LLC; Notice of period. Rule 30e–1 requires that the of approximately $14,000,000. Filing and Immediate Effectiveness of underlying fund’s report contain, among Proposed Rule Change Specifying in other things, the information that is Estimates of average burden hours are made solely for the purposes of the Exchange Rules the Exchange’s Use of required to be included in such reports Certain Data Feeds for Order Handling by the fund’s registration statement form Paperwork Reduction Act and are not and Execution, Order Routing, and under the Investment Company Act. derived from a comprehensive or even Regulatory Compliance The purpose of this requirement is to representative survey or study of the apprise current shareholders of the costs of Commission rules and forms. March 2, 2015. operational and financial condition of The collection of information under rule 1 the UIT. Absent the requirement to 30e–2 is mandatory. The information Pursuant to section 19(b)(1) of the disclose all material information in provided under rule 30e–2 will not be Securities Exchange Act of 1934 (the 2 3 reports, investors would be unable to kept confidential. An agency may not ‘‘Act’’) and Rule 19b–4 thereunder, obtain accurate information upon which conduct or sponsor, and a person is not notice is hereby given that, on February to base investment decisions and required to respond to, a collection of 24, 2015, New York Stock Exchange consumer confidence in the securities information unless it displays a LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed industry might be adversely affected. currently valid OMB control number. with the Securities and Exchange Requiring the submission of these Commission (the ‘‘Commission’’) the reports to the Commission permits us to Written comments are invited on: (a) proposed rule change as described in verify compliance with securities law Whether the proposed collection of Items I and II below, which Items have requirements. information is necessary for the proper been prepared by the self-regulatory Rule 30e–2, however, permits, under performance of the functions of the organization. The Commission is certain conditions, delivery of a single agency, including whether the publishing this notice to solicit shareholder report to investors who information will have practical utility; comments on the proposed rule change share an address (‘‘householding’’). (b) the accuracy of the agency’s estimate from interested persons. Specifically, rule 30e–2 permits of the burden of the collection of householding of annual and semi- information; (c) ways to enhance the I. Self-Regulatory Organization’s annual reports by UITs to satisfy the quality, utility, and clarity of the Statement of the Terms of Substance of delivery requirements of rule 30e–2 if, information collected; and (d) ways to the Proposed Rule Change in addition to the other conditions set minimize the burden of the collection of The Exchange proposes to specify in forth in the rule, the UIT has obtained information on respondents, including from each applicable investor written or Exchange rules the Exchange’s use of through the use of automated collection implied consent to the householding of certain data feeds for order handling techniques or other forms of information shareholder reports at such address. The and execution, order routing, and rule requires UITs that wish to technology. Consideration will be given regulatory compliance. The text of the household shareholder reports with to comments and suggestions submitted proposed rule change is available on the implied consent to send a notice to each in writing within 60 days of this Exchange’s Web site at www.nyse.com, applicable investor stating that the publication. at the principal office of the Exchange, investors in the household will receive Please direct your written comments and at the Commission’s Public one report in the future unless the to Pamela Dyson, Director/Chief Reference Room. investors provide contrary instructions. Information Officer, Securities and II. Self-Regulatory Organization’s In addition, at least once a year, UITs Exchange Commission, C/O Remi Statement of the Purpose of, and relying on the rule for householding Pavlik-Simon, 100 F Street NE., Statutory Basis for, the Proposed Rule must explain to investors who have Washington, DC 20549; or send an email Change provided written or implied consent to: [email protected]. how they can revoke their consent. The purpose of the notice and annual Dated: March 2, 2015. In its filing with the Commission, the explanation requirements associated Brent J. Fields, self-regulatory organization included statements concerning the purpose of, with the householding provisions of the Secretary. and basis for, the proposed rule change rule is to ensure that investors who wish [FR Doc. 2015–05219 Filed 3–5–15; 8:45 am] to receive individual copies of and discussed any comments it received BILLING CODE 8011–01–P shareholder reports are able to do so. on the proposed rule change. The text The Commission estimates that the of those statements may be examined at annual burden associated with rule 30e– the places specified in Item IV below. 2 is 121 hours per respondent, including The Exchange has prepared summaries, an estimated 20 hours associated with set forth in sections A, B, and C below, the notice requirement for householding of the most significant parts of such and an estimated 1 hour associated with statements. the explanation of the right to revoke consent to householding. The 1 15 U.S.C.78s(b)(1). Commission estimates that there are 2 15 U.S.C. 78a. currently approximately 700 UITs. 3 17 CFR 240.19b–4.

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A. Self-Regulatory Organization’s goal of disclosing this information was As set forth in its July 2014 Data Feed Statement of the Purpose of, and to provide broker-dealers and investors Filing, the Exchange uses only the SIP Statutory Basis for, the Proposed Rule with enhanced transparency to better data feeds to determine protected Change assess the quality of an exchange’s quotations on markets other than the execution and routing services. 8 1. Purpose Exchange for purposes of compliance On July 18, 2014, in response to the with Rule 611 and Rule 610(d), On June 5, 2014, in a speech entitled above request, the Exchange filed a including identifying where to route ‘‘Enhancing Our Market Equity proposed rule change that clarified the ISOs, to calculate the protected best bid Structure,’’ Mary Jo White, Chair of the Securities and Exchange Commission Exchange’s use of certain data feeds for or offer (‘‘PBBO’’) for purposes of order order handling and execution, order types that are priced based on the (‘‘SEC’’ or the ‘‘Commission’’) requested 6 the equity exchanges to file with the routing, and regulatory compliance. As PBBO, and to determine the national Commission the data feeds used for noted in that filing, the data feeds best bid (‘‘NBB’’) 9 for purposes of purposes of (1) order handling and available for the purposes of order compliance with Rule 201 of Regulation execution (e.g., with pegged or midpoint handling and execution, order routing, SHO and Rule 440B.10 The Exchange orders); (2) order routing, and (3) and regulatory compliance at the notes that when it routes interest to a regulatory compliance, if applicable.4 Exchange include the exclusive protected quotation, the Exchange Subsequent to the Chair’s speech, the securities information processor (‘‘SIP’’) adjusts the PBBO. data feeds.7 Division of Trading and Markets stated The Exchange proposes to add new that it ‘‘believes there is a need for SEC staff has requested that the Supplementary Material .01 to Rule 19, clarity regarding whether (1) the SIP Exchange file a supplemental proposed which would state the following: data feeds, (2) proprietary data feeds, or rule change to specify in Exchange rules (3) a combination thereof,’’ are used for which data feeds the Exchange uses for .01 The Exchange uses the following these purposes and requested that the above-described purposes. data feeds for the handing, execution, proposed rule changes be filed that Accordingly, the Exchange is filing this and routing of orders, as well as for disclose such information.5 The stated proposed rule change. regulatory compliance:

Secondary Market center Primary source source

BATS Exchange, Inc...... SIP Data Feed ...... n/a BATS Y-Exchange, Inc...... SIP Data Feed ...... n/a Chicago Stock Exchange, Inc...... SIP Data Feed ...... n/a EDGA Exchange, Inc...... SIP Data Feed ...... n/a EDGX Exchange, Inc...... SIP Data Feed ...... n/a NASDAQ OMX BX LLC ...... SIP Data Feed ...... n/a NASDAQ OMX PHLX LLC ...... SIP Data Feed ...... n/a NASDAQ Stock Market LLC ...... SIP Data Feed ...... n/a NYSE Arca Equities, Inc...... SIP Data Feed ...... n/a

The Exchange notes that it does not equitable principles of trade, to foster because it provides enhanced trade any securities listed on the NYSE cooperation and coordination with transparency to better assess the quality MKT LLC. persons engaged in facilitating of an exchange’s execution and routing services. 2. Statutory Basis transactions in securities, to remove impediments to, and perfect the B. Self-Regulatory Organization’s The proposed rule change is mechanism of, a free and open market consistent with section 6(b) of the Statement on Burden on Competition and a national market system and, in Securities Exchange Act of 1934 (the The Exchange does not believe that general, to protect investors and the ‘‘Act’’),11 in general, and furthers the the proposed rule change will impose objectives of section 6(b)(5),12 in public interest. The Exchange believes any burden on competition that is not particular, because it is designed to that the proposed rule change removes necessary or appropriate in furtherance prevent fraudulent and manipulative impediments to and perfects the of the purposes of the Act. The acts and practices, to promote just and mechanism of a free and open market proposed change is not designed to

4 See Mary Jo White, Chair, Securities and which is operated by the Consolidated Tape Exchange notes that the NBBO may differ from the Exchange Commission, Speech at the Sandler, Association and disseminates transaction PBBO because the NBBO includes Manual O’Neill & Partners, L.P. Global Exchange and information for securities with the primary listing Quotations, which are defined as any quotation Brokerage Conference (June 5, 2014) (available at market on exchanges other than NASDAQ Stock other than an automated quotation. 17 CFR www.sec.gov/News/Speech/Detail/Speech/1370542 Market LLC (‘‘Nasdaq’’): (2) The CQ Plan, which 242.600(b)(37). By contrast, a protected quotation is 004312#.U5HI-fmwJiw). disseminates consolidated quotation information an automated quotation that is the best bid or offer 5 See Letter from James Burns, Deputy Director, for securities with their primary listing on of a national securities exchange. 17 CFR Division of Trading and Markets, Securities and exchanges other than Nasdaq; and (3) the Nasdaq 242.60(b)(57)(iii). Exchange Commission, to Jeffrey C. Sprecher, Chief UTP Plan, which disseminates consolidated 10 NYSE Rule 440B(b) requires that Exchange Executive Officer, Intercontinental Exchange, Inc., transaction and quotation information for securities systems not execute or display a short sale order dated June 20, 2014. with their primary listing on Nasdaq. with respect to a covered security at a price that is 6 See Securities Exchange Act Release No. 72710 8 The Exchange notes that because the FINRA less than or equal to the current NBB if the price (July 29, 2014), 79 FR 45511 (Aug. 5, 2014) (SR– Alternate Display Facility (‘‘ADF’’) does not of that security decreases by 10% or more, as NYSE–2014–38) (‘‘July 2014 Data Feed Filing’’). currently display any quotations, the Exchange does determined by the Exchange, from the security’s 7 The SIP feeds are disseminated pursuant to not need any data feeds to provide it with ADF closing price on the Exchange at the end of regular effective joint-industry plans as required by Rule quotes. trading hours on the prior day. 603(b) of Regulation NMS. 17 CFR 242.603(b). The 9 The NBBO is defined as the best bid and best 11 15 U.S.C. 78f(b). three joint-industry plans are: (1) The CTA Plan, offer of an NMS security. 17 CFR 242.600(b)(3). The 12 15 U.S.C. 78f(b)(5).

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address any competitive issue but rather Commission summarily may available publicly. All submissions would provide the public and investors temporarily suspend such rule change if should refer to File Number SR–NYSE– with information about which data it appears to the Commission that such 2015–09 and should be submitted on or feeds the Exchange uses for execution action is necessary or appropriate in the before March 27, 2015. and routing decisions. public interest, for the protection of For the Commission, by the Division of investors, or otherwise in furtherance of C. Self-Regulatory Organization’s Trading and Markets, pursuant to delegated the purposes of the Act. If the 18 Statement on Comments on the authority. Commission takes such action, the Proposed Rule Change Received From Brent J. Fields, Commission shall institute proceedings Members, Participants, or Others Secretary. to determine whether the proposed rule No written comments were solicited should be approved or disapproved. [FR Doc. 2015–05164 Filed 3–5–15; 8:45 am] or received with respect to the proposed BILLING CODE 8011–01–P rule change. IV. Solicitation of Comments Interested persons are invited to III. Date of Effectiveness of the submit written data, views and SECURITIES AND EXCHANGE Proposed Rule Change and Timing for arguments concerning the foregoing, COMMISSION Commission Action including whether the proposed rule Because the proposed rule change [Release No. 34–74402; File No. SR–BYX– change is consistent with the Act. 2015–12] does not (i) significantly affect the Comments may be submitted by any of protection of investors or the public the following methods: Self-Regulatory Organizations; BATS interest; (ii) impose any significant Y-Exchange, Inc.; Notice of Filing and burden on competition; and (iii) become Electronic Comments • Immediate Effectiveness of a Proposed operative for 30 days from the date on Use the Commission’s Internet Rule Change To Amend Rule 11.22 To which it was filed, or such shorter time comment form (http://www.sec.gov/ Update the Names of Certain Market as the Commission may designate, the rules/sro.shtml); or Data Products proposed rule change has become • Send an email to rule-comments@ effective pursuant to section 19(b)(3)(A) sec.gov. Please include File Number SR– March 2, 2015. of the Act 13 and Rule 19b–4(f)(6) NYSE–2015–09 on the subject line. Pursuant to Section 19(b)(1) of the 14 thereunder. Paper Comments Securities Exchange Act of 1934 (the A proposed rule change filed ‘‘Act’’),1 and Rule 19b–4 thereunder,2 • Send paper comments in triplicate pursuant to Rule 19b–4(f)(6) under the notice is hereby given that on February 15 to Secretary, Securities and Exchange Act normally does not become 18, 2015, BATS Y-Exchange, Inc. (the Commission, 100 F Street NE., operative for 30 days after the date of its ‘‘Exchange’’ or ‘‘BYX’’) filed with the 16 Washington, DC 20549–1090. filing. However, Rule 19b–4(f)(6)(iii) Securities and Exchange Commission permits the Commission to designate a All submissions should refer to File (‘‘Commission’’) the proposed rule shorter time if such action is consistent Number SR–NYSE–2015–09. This file change as described in Items I and II with the protection of investors and the number should be included on the below, which Items have been prepared public interest. The Exchange has asked subject line if email is used. To help the by the Exchange. The Exchange has the Commission to waive the 30-day Commission process and review your designated this proposal as a ‘‘non- operative delay so that the proposal may comments more efficiently, please use controversial’’ proposed rule change become operative immediately upon only one method. The Commission will pursuant to Section 19(b)(3)(A) of the filing. The Exchange stated that waiver post all comments on the Commission’s Act 3 and Rule 19b–4(f)(6)(iii) of the operative delay will permit the Internet Web site (http://www.sec.gov/ thereunder,4 which renders it effective Exchange to immediately provide the rules/sro.shtml). Copies of the upon filing with the Commission. The enhanced transparency in Exchange submission, all subsequent Commission is publishing this notice to rules. The Commission believes the amendments, all written statements solicit comments on the proposed rule waiver of the operative delay is with respect to the proposed rule change from interested persons. consistent with the protection of change that are filed with the investors and the public interest. Commission, and all written I. Self-Regulatory Organization’s Therefore, the Commission hereby communications relating to the Statement of the Terms of Substance of waives the operative delay and proposed rule change between the the Proposed Rule Change designates the proposal operative upon Commission and any person, other than 17 The Exchange filed a proposal to filing. those that may be withheld from the amend Rule 11.22, Data Products, to At any time within 60 days of the public in accordance with the update the names of certain products to filing of the proposed rule change, the provisions of 5 U.S.C. 552, will be align with recent changes made to the available for Web site viewing and names of the same products in the 13 15 U.S.C. 78s(b)(3)(A). printing in the Commission’s Public 14 Exchange’s fee schedule. 17 CFR 240.19b–4(f)(6). As required under Rule Reference Room, 100 F Street NE., 19b–4(f)(6)(iii), the Exchange provided the The text of the proposed rule change Commission with written notice of its intent to file Washington, DC 20549, on official is available at the Exchange’s Web site the proposed rule change, along with a brief business days between the hours of at www.batstrading.com, at the description and the text of the proposed rule 10:00 a.m. and 3:00 p.m. Copies of the change, at least five business days prior to the date principal office of the Exchange, and at of filing of the proposed rule change, or such filing also will be available for the Commission’s Public Reference shorter time as designated by the Commission. inspection and copying at the principal Room. 15 17 CFR 240.19b–4(f)(6). office of the Exchange. All comments 16 17 CFR 240.19b–4(f)(6)(iii). received will be posted without change; 18 17 CFR 200.30–3(a)(12). 17 For purposes only of waiving the 30-day the Commission does not edit personal 1 operative delay, the Commission has also 15 U.S.C. 78s(b)(1). considered the proposed rule’s impact on identifying information from 2 17 CFR 240.19b–4. efficiency, competition, and capital formation. See submissions. You should submit only 3 15 U.S.C. 78s(b)(3)(A). 15 U.S.C. 78c(f). information that you wish to make 4 17 CFR 240.19b–4(f)(6)(iii).

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II. Self-Regulatory Organization’s public interest. The Exchange does not the date of the filing. However, pursuant Statement of the Purpose of, and believe that this proposal will permit to Rule 19b–4(f)(6)(iii),10 the Statutory Basis for, the Proposed Rule unfair discrimination among customers, Commission may designate a shorter Change brokers, or dealers because it will apply time if such action is consistent with the In its filing with the Commission, the to all Users. The proposed rule change protection of investors and the public Exchange included statements does not propose to amend the content interest. The Exchange has asked the concerning the purpose of and basis for or any other aspect of these market data Commission to waive the 30-day the proposed rule change and discussed products. Rather, it is simply proposes operative delay so the Exchange may any comments it received on the to align the naming convention of the clarify its rules by making them proposed rule change. The text of these Exchange’s market data products across consistent throughout by reflecting a statements may be examined at the its rules and fee schedule, making the change in naming conventions used for places specified in Item IV below. The Exchange’s rules clearer and less Exchange market data products. The Exchange has prepared summaries, set confusing for investors. Therefore, the Commission believes that waiving the forth in Sections A, B, and C below, of Exchange believes the proposed rule 30-day operative delay is consistent the most significant parts of such change removes impediments to and with the protection of investors and the statements. perfects the mechanism of a free and public interest because it will allow the open market and a national market Exchange to provide consistency within A. Self-Regulatory Organization’s system, and, in general, protects their rules and avoid potential investor Statement of the Purpose of, and investors and the public interest. confusion. Therefore, the Commission Statutory Basis for, the Proposed Rule hereby waives the 30-day operative B. Self-Regulatory Organization’s Change delay and designates the proposed rule Statement on Burden on Competition 1. Purpose change to be operative upon filing with The Exchange does not believe that the Commission.11 The Exchange proposes to amend the proposal will impose any burden on At any time within 60 days of the Rule 11.22, Data Products, to update the competition not necessary or filing of the proposed rule change, the names of certain products to align with appropriate in furtherance of the Commission summarily may recent changes made to the names of the purposes of the Act. The proposed rule temporarily suspend such rule change if same products in the Exchange’s fee change is not designed to address any it appears to the Commission that such schedule. On February 3, 2015, the competitive issues but rather avoid action is: (i) Necessary or appropriate in Exchange filed a proposed rule change investor confusion by providing the public interest; (ii) for the protection with the Commission that, among other consistency amongst the naming of investors; or (iii) otherwise in things, amended the Exchange’s fee conventions used for the Exchange furtherance of the purposes of the Act. schedule to rename ‘‘BZX Exchange market data products. If the Commission takes such action, the PITCH Feed’’ as the ‘‘BZX Depth’’, C. Self-Regulatory Organization’s Commission shall institute proceedings ‘‘BZX Exchange Top Feed’’ as ‘‘BZX Statement on Comments on the to determine whether the proposed rule Top’’, ‘‘BZX Exchange Historical TOP’’ Proposed Rule Change Received From should be approved or disapproved. as ‘‘BZX Historical Top’’, and Members, Participants or Others ‘‘Historical PITCH’’ as ‘‘Historical IV. Solicitation of Comments Depth.’’ The Exchange now proposes to The Exchange has neither solicited Interested persons are invited to rename the following data products nor received written comments on the submit written data, views and under Rule 11.22 to align with these proposed rule change. arguments concerning the foregoing, changes: (i) ‘‘TCP PITCH’’ under III. Date of Effectiveness of the including whether the proposed rule subparagraph (a) would be renamed Proposed Rule Change and Timing for change is consistent with the Act. ‘‘TCP Depth’’; (ii) ‘‘Multicast PITCH’’ Commission Action Comments may be submitted by any of under subparagraph (c) would be the following methods: Because the foregoing proposed rule renamed ‘‘Multicast Depth’’; and (iii) change does not: (i) Significantly affect Electronic Comments ‘‘TOP’’ under subparagraph (d) would the protection of investors or the public • be renamed ‘‘Top’’. The Exchange does Use the Commission’s Internet interest; (ii) impose any significant not propose to amend the content or any comment form (http://www.sec.gov/ burden on competition; and (iii) become other aspect of these market data rules/sro.shtml); or operative for 30 days from the date on • products. Send an email to rule-comments@ which it was filed, or such shorter time sec.gov. Please include File Number SR– 2. Statutory Basis as the Commission may designate, it has BYX–2015–12 on the subject line. The Exchange believes that its become effective pursuant to Section 7 Paper Comments proposal is consistent with Section 6(b) 19(b)(3)(A)(iii) of the Act and 5 subparagraph (f)(6) of Rule 19b–4 • Send paper comments in triplicate of the Act in general, and furthers the 8 objectives of Section 6(b)(5) of the Act 6 thereunder. to Brent J. Fields, Secretary, Securities A proposed rule change filed under in particular, in that it is designed to and Exchange Commission, 100 F Street Rule 19b–4(f)(6) 9 normally does not promote just and equitable principles of NE., Washington, DC 20549. become operative prior to 30 days after trade, to foster cooperation and All submissions should refer to File coordination with persons engaged in Number SR–BYX–2015–12. This file 7 15 U.S.C. 78s(b)(3)(A)(iii). number should be included on the facilitating transactions in securities, to 8 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– remove impediments to and perfect the 4(f)(6) requires a self-regulatory organization to give subject line if email is used. To help the mechanism of a free and open market the Commission written notice of its intent to file and a national market system and, in the proposed rule change at least five business days 10 17 CFR 240.19b–4(f)(6)(iii). general, to protect investors and the prior to the date of filing of the proposed rule 11 For purposes only of waiving the operative change, or such shorter time as designated by the delay for this proposal, the Commission has Commission. The Exchange has satisfied this considered the proposed rule’s impact on 5 15 U.S.C. 78f(b). requirement. efficiency, competition, and capital formation. See 6 15 U.S.C. 78f(b)(5). 9 17 CFR 240.19b–4(f)(6). 15 U.S.C. 78c(f).

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Commission process and review your Waste Water Company and California Department of State, 2200 C Street NW., comments more efficiently, please use Living Waters, Inc. (‘‘Green Compass’’), Washington, DC 20037. only one method. The Commission will 2775 North Ventura Road, Suite 209, You must include the DS form post all comments on the Commission’s Oxnard, CA 93036. The financing was number (if applicable), information Internet Web site (http://www.sec.gov/ contemplated to provide capital that collection title, and the OMB control rules/sro.shtml). Copies of the contributes to the growth and overall number in any correspondence. submission, all subsequent sound financing of Green Compass. FOR FURTHER INFORMATION CONTACT: amendments, all written statements The financing is brought within the Direct requests for additional with respect to the proposed rule purview of § 107.730(a)(1) because C3 information regarding the collection change that are filed with the Capital Partners II, L.P., an Associate of listed in this notice, including requests Commission, and all written C3 Capital Partners III, L.P., as defined for copies of the proposed collection communications relating to the in § 107.50, owns a ten percent or instrument and supporting documents, proposed rule change between the greater equity interest in Green to Joshua Miller, U.S. Department of Commission and any person, other than Compass. Accordingly, Green Compass State, 2200 C Street NW., Washington, those that may be withheld from the is considered an Associate of C3 Capital DC 20037, who may be reached on 202– public in accordance with the Partners III, L.P. 632–3251 or at [email protected]. Notice is hereby given that any provisions of 5 U.S.C. 552, will be SUPPLEMENTARY INFORMATION: interested person may submit written available for Web site viewing and • Title of Information Collection: comments on the transaction to the printing in the Commission’s Public R/PPR Research Surveys. Associate Administrator, Office of Reference Room, 100 F Street NE., • OMB Control Number: None. Investment and Innovation, U.S. Small Washington, DC 20549, on official • Type of Request: New Collection. Business Administration, 409 Third business days between the hours of • Originating Office: Office of Policy Street SW., Washington, DC 20416. 10:00 a.m. and 3:00 p.m. Copies of such Planning and Resources for the filing also will be available for Dated: February 25, 2015. Undersecretary for Public Diplomacy inspection and copying at the principal Javier E. Saade, and Public Affairs—R/PPR. office of the Exchange. All comments Associate Administrator, Office of Investment • Form Number: SV–2015–0003. received will be posted without change; and Innovation. • Respondents: General populations the Commission does not edit personal [FR Doc. 2015–05320 Filed 3–5–15; 8:45 am] of select foreign countries. identifying information from BILLING CODE P • Estimated Number of Respondents: submissions. You should submit only 100,000. information that you wish to make • Estimated Number of Responses: available publicly. All submissions DEPARTMENT OF STATE 100,000. should refer to File Number SR–BYX– • Average Time per Response: 6 2015–12 and should be submitted on or [Public Notice 9060] minutes. before March 27, 2015. • 60-Day Notice of Proposed Information Total Estimated Burden Time: For the Commission, by the Division of Collection: R/PPR Research Surveys 10,000 hours. Trading and Markets, pursuant to delegated • Frequency: Each country will be authority.12 ACTION: Notice of request for public surveyed on occasion. Brent J. Fields, comment. • Obligation to Respond: Voluntary. Secretary. We are soliciting public comments to [FR Doc. 2015–05157 Filed 3–5–15; 8:45 am] SUMMARY: The Department of State is permit the Department to: BILLING CODE 8011–01–P seeking Office of Management and • Evaluate whether the proposed Budget (OMB) approval for the information collection is necessary for information collection described below. the proper functions of the Department. SMALL BUSINESS ADMINISTRATION In accordance with the Paperwork • Evaluate the accuracy of our Reduction Act of 1995, we are estimate of the time and cost burden for [License No. 07/07–0118] requesting comments on this collection this proposed collection, including the from all interested individuals and Notice Seeking Exemption under validity of the methodology and organizations. The purpose of this Section 312 of the Small Business assumptions used. notice is to allow 60 days for public • Investment Act, Conflicts of Interest, Enhance the quality, utility, and comment preceding submission of the C3 Capital Partners III, L.P. clarity of the information to be collection to OMB. collected. Notice is hereby given that C3 Capital DATES: The Department will accept • Minimize the reporting burden on Partners III, L.P., 1511 Baltimore Ave., comments from the public up to May 5, those who are to respond, including the Suite 500, Kansas, MO 64108, a Federal 2015. use of automated collection techniques Licensee under the Small Business ADDRESSES: You may submit comments or other forms of information Investment Act of 1958, as amended by any of the following methods: technology. (the ‘‘Act’’), in connection with the • Web: Persons with access to the Please note that comments submitted financing of a small concern, has sought Internet may comment on this notice by in response to this Notice are public an exemption under Section 312 of the going to www.Regulations.gov. You can record. Before including any detailed Act and 13 CFR 107.730, Financings search for the document by entering personal information, you should be which Constitute Conflicts of Interest, of ‘‘Docket Number: DOS–2015–0011’’ in aware that your comments as submitted, the Small Business Administration the Search field. Then click the including your personal information, (‘‘SBA’’) Rules and Regulations. C3 ‘‘Comment Now’’ button and complete will be available for public review. Capital Partners III, L.P., provided a the comment form. Abstract of Proposed Collection loan to Green Compass f/k/a Santa Clara • Email: [email protected]. • Regular Mail: Send written Department of State will be surveying 12 17 CFR 200.30–3(a)(12). comments to: Joshua Miller, U.S. the general populations of select foreign

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countries. The data DoS collects will be Under Secretary for Management has act, executive order, regulation or used internally by DoS to determine determined the Committee is necessary procedure as reenacted or amended how its missions can maximize the and in the public interest. from time to time. impact of their public diplomacy The Committee follows the Notwithstanding this delegation of resources: DoS analysts will use the data procedures prescribed by the Federal authority, the Secretary, the Deputy to produce guidance on how budget, Advisory Committee Act (FACA). Secretary, or the Deputy Secretary for personnel, and other resources that Meetings will be open to the public Management and Resources may at any drive USG communications to foreign unless a determination is made in time exercise any authority or function publics can be used more efficiently and accordance with section 10(d) of the delegated by this delegation of effectively. The U.S. Information and FACA and 5 U.S.C. 552b(c) that a authority. Educational Exchange Act of 1948, the meeting or portion of the meeting This delegation of authority shall be State Department Basic Authorities Act should be closed to the public. Notice published in the Federal Register. of 1956 (in particular, 22 U.S.C. 2732), of each meeting will be published in the Dated: February 5, 2015. and the Mutual Educational and Federal Register at least 15 days prior Antony Blinken, Cultural Exchange Act of 1961 give DoS to the meeting, unless there are Deputy Secretary of State. the legal authority to engage in public extraordinary circumstances that require [FR Doc. 2015–05286 Filed 3–5–15; 8:45 am] shorter notice. diplomacy activities, including this data BILLING CODE 4710–18–P collection. For further information, please contact: Commander Marc A. Zlomek, Methodology Executive Secretary, Shipping DEPARTMENT OF STATE Surveys will be administered by Coordinating Committee, U.S. experienced in-country data collection Department of State, Office of Oceans [Public Notice 9057] subcontractors who will also clean and Affairs, at [email protected] or by International Security Advisory Board weight the data and then transfer the telephone at 202–647–3946. A copy of (ISAB) Meeting Notice; Closed Meeting final data file to Department of State for the Committee charter may also be analysis. Sampling strategies will vary obtained by accessing the FACA In accordance with section 10(a)(2) of by country/data collection database maintained by the General the Federal Advisory Committee Act, 5 subcontractor, but all surveys will Services Administration: http:// U.S.C. App section 10(a)(2), the employ a sampling and weighting fido.gov/facadatabase. Department of State announces a strategy so that the surveys genuinely Dated: February 26, 2015. meeting of the International Security represent the general populations in Marc A. Zlomek, Advisory Board (ISAB) to take place on terms of their geographic distribution Executive Secretary, Shipping Coordinating April 16, 2015, at the Department of and their demographic characteristics. Committee, Department of State. State, Washington, DC For each country, the data should have [FR Doc. 2015–05225 Filed 3–5–15; 8:45 am] Pursuant to section 10(d) of the an aggregate margin of error of no more Federal Advisory Committee Act, 5 than ±5% at a 95% level of confidence BILLING CODE 4710–05–P U.S.C. App section 10(d), and 5 U.S.C. and should be free of any bias. 552b(c)(1), it has been determined that Dated: February 26, 2015. DEPARTMENT OF STATE this Board meeting will be closed to the Roxanne Cabral, public because the Board will be [Delegation of Authority No. 383] reviewing and discussing matters Director of Policy and Planning, R/PPR, U.S. Department of State. properly classified in accordance with Delegation to the Under Secretary of Executive Order 13526. The purpose of [FR Doc. 2015–05235 Filed 3–5–15; 8:45 am] State for Civilian Security, Democracy, the ISAB is to provide the Department BILLING CODE 4710–45–P and Human Rights With Respect to with a continuing source of Authority Under Section 620M(b) of the independent advice on all aspects of Foreign Assistance Act of 1961, as DEPARTMENT OF STATE arms control, disarmament, Amended (22 U.S.C. 2378d) nonproliferation, political-military [Public Notice 9059] By virtue of the authority vested in affairs, international security, and the Secretary of State, including the related aspects of public diplomacy. The Shipping Coordinating Committee agenda for this meeting will include Notice of Renewal of Charter Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.) (the classified discussions related to the Summary: The Department of State Act), Executive Order 12163 of Board’s studies on current U.S. policy has renewed the Charter for the September 29, 1979, as amended (44 FR and issues regarding arms control, Shipping Coordinating Committee 56673) (the Order), and Section 1 of the international security, nuclear (SHC) without significant substantive Department of State Basic Authorities proliferation, and diplomacy. For more information, contact change. Through this Committee, the Act, as amended (22 U.S.C. 2651a), and Christopher Herrick, Acting Executive Department of State will continue to delegated to the Deputy Secretary Director of the International Security obtain the views and advice of the pursuant to Delegation of Authority Advisory Board, U.S. Department of general public, industry, non- 245–1, I hereby delegate to the Under State, Washington, DC 20520, governmental organizations, and Secretary of State for Civilian Security, telephone: (202) 647–9683. interested government agencies in the Democracy, and Human Rights, to the maritime and related fields, on issues extent authorized by law, the function Dated: February 26, 2015. related to maritime security, safety of of making determinations and reports Christopher Herrick, life at sea, and protection of the marine under Section 620M(b) of the Act (22 Acting Executive Director, International environment considered by the U.S.C. 2378d). Security Advisory Board, U.S. Department of International Maritime Organization Any act, executive order, regulation or State. (IMO), and other matters relating to procedure subject to, or affected by, this [FR Doc. 2015–05237 Filed 3–5–15; 8:45 am] international maritime shipping. The delegation shall be deemed to be such BILLING CODE 4710–27–P

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DEPARTMENT OF STATE and Russian Art, 1907–1917,’’ imported and at possible additional exhibitions or from abroad for temporary exhibition venues yet to be determined, is in the [Delegation of Authority No. 382] within the United States, are of cultural national interest. I have ordered that Delegation by the Secretary of State to significance. The objects are imported Public Notice of these Determinations the Under Secretary of State for Arms pursuant to loan agreements with the be published in the Federal Register. Control and International Security With foreign owner or custodians. I also FOR FURTHER INFORMATION CONTACT: For Respect to Authority Under Section determine that the exhibition or display further information, including lists of 1203 of the Fiscal Year 2014 National of the exhibit objects at the Neue the exhibit objects, contact the Office of Defense Authorization Act Galerie, New York, New York, from on Public Diplomacy and Public Affairs in or about May 14, 2015, until on or about the Office of the Legal Adviser, U.S. By virtue of the authority vested in August 31, 2015, and at possible Department of State (telephone: 202– me as Secretary of State, including additional exhibitions or venues yet to 632–6471; email: section2459@ Section 1 of the State Department Basic be determined, is in the national state.gov). The mailing address is U.S. Authorities Act and by the Fiscal Year interest. I have ordered that Public Department of State, L/PD, SA–5, Suite 2014 National Defense Authorization Notice of these Determinations be 5H03, Washington, DC 20522–0505. Act, Public Law 113–66 (NDAA), I published in the Federal Register. Dated: February 27, 2015. hereby delegate to the Under Secretary FOR FURTHER INFORMATION CONTACT: For Kelly Keiderling, of State for Arms Control and further information, including lists of Principal Deputy Assistant Secretary, Bureau International Security the authority to the exhibit objects, contact Julie provide concurrence on Department of of Educational and Cultural Affairs, Simpson, Attorney-Adviser, Office of Department of State. Defense security assistance activities the Legal Adviser, U.S. Department of [FR Doc. 2015–05274 Filed 3–5–15; 8:45 am] pursuant to Section 1203 of the NDAA. State (telephone: 202–632–6467). The BILLING CODE 4710–05–P The duties, functions and mailing address is U.S. Department of responsibilities delegated may be re- State, SA–5, L/PD, Fifth Floor (Suite delegated to the Assistant Secretary of 5H03), Washington, DC 20522–0505. DEPARTMENT OF STATE State for Political-Military Affairs. Any act or other authority cited herein is Dated: February 27, 2015. [Public Notice 9052] considered to be such act or other Kelly Keiderling, authority as amended from time to time. Principal Deputy Assistant Secretary, Bureau Culturally Significant Objects Imported Notwithstanding this delegation of of Educational and Cultural Affairs, for Exhibition Determinations: ‘‘Art authority, the Secretary, the Deputy Department of State With Benefits: The Drigung Tradition’’ [FR Doc. 2015–05271 Filed 3–5–15; 8:45 am] Secretary, or the Under Secretary for SUMMARY: Notice is hereby given of the Political Affairs may exercise any BILLING CODE 4710–05–P following determinations: Pursuant to authority or function delegated herein. the authority vested in me by the Act of This delegation of authority shall be DEPARTMENT OF STATE October 19, 1965 (79 Stat. 985; 22 U.S.C. published in the Federal Register. 2459), Executive Order 12047 of March Dated: January 26, 2015. [Public Notice 9055] 27, 1978, the Foreign Affairs Reform and John F. Kerry, Restructuring Act of 1998 (112 Stat. Culturally Significant Objects Imported Secretary of State. 2681, et seq.; 22 U.S.C. 6501 note, et for Exhibition Determinations: seq.), Delegation of Authority No. 234 of [FR Doc. 2015–05262 Filed 3–5–15; 8:45 am] ‘‘Drawing in Silver and Gold: Leonardo BILLING CODE 4710–25–P October 1, 1999, and Delegation of to Jasper Johns’’ Exhibition Authority No. 236–3 of August 28, 2000 SUMMARY: Notice is hereby given of the (and, as appropriate, Delegation of DEPARTMENT OF STATE following determinations: Pursuant to Authority No. 257 of April 15, 2003), I hereby determine that the objects to be [Public Notice 9054] the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. included in the exhibition ‘‘Art With Culturally Significant Objects Imported 2459), Executive Order 12047 of March Benefits: The Drigung Tradition,’’ for Exhibition Determinations: 27, 1978, the Foreign Affairs Reform and imported from abroad for temporary ‘‘Russian Modernism: Cross-Currents Restructuring Act of 1998 (112 Stat. exhibition within the United States, are in German and Russian Art, 1907– 2681, et seq.; 22 U.S.C. 6501 note, et of cultural significance. The objects are 1917’’ Exhibition seq.), Delegation of Authority No. 234 of imported pursuant to loan agreements October 1, 1999, Delegation of Authority with the foreign owners or custodians. SUMMARY: Notice is hereby given of the No. 236–3 of August 28, 2000 (and, as I also determine that the exhibition or following determinations: Pursuant to appropriate, Delegation of Authority No. display of the exhibit objects at the the authority vested in me by the Act of 257 of April 15, 2003), I hereby Rubin Museum of Art, New York, New October 19, 1965 (79 Stat. 985; 22 U.S.C. determine that the objects to be York, from on or about April 24, 2015, 2459), Executive Order 12047 of March included in the exhibition ‘‘Drawing in until on or about September 7, 2015, 27, 1978, the Foreign Affairs Reform and Silver and Gold: Leonardo to Jasper and at possible additional exhibitions or Restructuring Act of 1998 (112 Stat. Johns,’’ imported from abroad for venues yet to be determined, is in the 2681, et seq.; 22 U.S.C. 6501 note, et temporary exhibition within the United national interest. I have ordered that seq.), Delegation of Authority No. 234 of States, are of cultural significance. The Public Notice of these Determinations October 1, 1999, Delegation of Authority objects are imported pursuant to loan be published in the Federal Register. No. 236–3 of August 28, 2000 (and, as agreements with the foreign owners or FOR FURTHER INFORMATION CONTACT: For appropriate, Delegation of Authority No. custodians. I also determine that the further information, including a list of 257 of April 15, 2003), I hereby exhibition or display of the exhibit the imported objects, contact Paul W. determine that the objects to be objects at the National Gallery of Art, Manning, Attorney-Adviser, Office of included in the exhibition ‘‘Russian Washington, DC, from on or about May the Legal Adviser, U.S. Department of Modernism: Cross-Currents in German 5, 2015, until on or about July 26, 2015, State (telephone: 202–632–6469). The

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mailing address is U.S. Department of DEPARTMENT OF TRANSPORTATION http://www.regulations.gov at any time State, SA–5, L/PD, Fifth Floor (Suite or to the Docket Management Facility in 5H03), Washington, DC 20522–0505. Federal Aviation Administration Room W12–140 of the West Building Ground Floor at 1200 New Jersey Dated: February 25, 2015. [Summary Notice No. PE–2015–09] Avenue SE., Washington, DC, between 9 Kelly Keiderling, Petition for Exemption; Summary of a.m. and 5 p.m., Monday through Principal Deputy Assistant Secretary, Bureau Friday, except Federal holidays. of Educational and Cultural Affairs, Petition Received FOR FURTHER INFORMATION CONTACT: Department of State. AGENCY: Federal Aviation Mark Forseth, ANM–113, Federal [FR Doc. 2015–05267 Filed 3–5–15; 8:45 am] Administration (FAA), DOT. Aviation Administration, 1601 Lind BILLING CODE 4710–05–P ACTION: Notice of petition for exemption Avenue SW., Renton, WA 98057–3356, received. phone 425–306–7134, email [email protected]; or Sandra Long, DEPARTMENT OF STATE SUMMARY: This notice contains a ARM–200, Office of Rulemaking, summary of a petition seeking relief Federal Aviation Administration, 800 [Public Notice 9053] from specified requirements of 14 CFR. Independence Avenue SW., The purpose of this notice is to improve Washington, DC 20591, phone (202) Culturally Significant Objects Imported the public’s awareness of, and 493–5245, email [email protected]. for Exhibition Determinations: ‘‘Teˆte-a- participation in, this aspect of FAA’s This notice is published pursuant to Teˆte: Three Masterpieces From the regulatory activities. Neither publication 14 CFR 11.85. Muse´e d’Orsay’’ of this notice nor the inclusion or Issued in Washington, DC, on February 26, omission of information in the summary 2015. is intended to affect the legal status of SUMMARY: Notice is hereby given of the Brenda D. Courtney, following determinations: Pursuant to the petition or its final disposition. Acting Director, Office of Rulemaking. the authority vested in me by the Act of DATES: Comments on this petition must October 19, 1965 (79 Stat. 985; 22 U.S.C. identify the petition docket number Petition For Exemption 2459), Executive Order 12047 of March involved and must be received on or Docket No.: FAA–2015–0232. 27, 1978, the Foreign Affairs Reform and before March 26, 2015. Petitioner: Airbus SAS. Restructuring Act of 1998 (112 Stat. ADDRESSES: You may send comments Section of 14 CFR Affected: 14 CFR 2681, et seq.; 22 U.S.C. 6501 note, et identified by Docket Number FAA– 25.841(a)(2) and (3). seq.), Delegation of Authority No. 234 of 2015–0232 using any of the following Description of Relief Sought: The October 1, 1999, and Delegation of methods: petitioner seeks relief from the Authority No. 236–3 of August 28, 2000 • Government-wide rulemaking Web requirements regarding decompression (and, as appropriate, Delegation of site: Go to http://www.regulations.gov events due to uncontained engine-rotor Authority No. 257 of April 15, 2003), I and follow the instructions for sending failure for Airbus Models A319–171n, hereby determine that the objects to be your comments electronically. A319–151n, A320–271n, A320–251n, included in the exhibition ‘‘Teˆte-a-Teˆte: • Mail: Send comments to the Docket A321–271n, and A321–251n, Three Masterpieces from the Muse´e Management Facility; U.S. Department collectively referred to as the Model d’Orsay,’’ imported from abroad for of Transportation, 1200 New Jersey A320NEO family of aircraft. temporary exhibition within the United Avenue SE., West Building Ground [FR Doc. 2015–05332 Filed 3–5–15; 8:45 am] States, are of cultural significance. The Floor, Room W12–140, Washington, DC BILLING CODE 4910–13–P objects are imported pursuant to loan 20590. agreements with the foreign owners or • Fax: Fax comments to the Docket DEPARTMENT OF TRANSPORTATION custodians. I also determine that the Management Facility at 202–493–2251. exhibition or display of the exhibit • Hand Delivery: Bring comments to Surface Transportation Board objects at the Norton Simon Museum of the Docket Management Facility in Art, Pasadena, California, from on or Room W12–140 of the West Building [Docket No. FD 35903] about March 26, 2015, until on or about Ground Floor at 1200 New Jersey Eric Bickleman and Robert Lowe– June 22, 2015, and at possible additional Avenue SE., Washington, DC, between 9 Continuance in Control Exemption– exhibitions or venues yet to be a.m. and 5 p.m., Monday through Elizabethtown Industrial Railroad LLC determined, is in the national interest. Friday, except Federal holidays. I have ordered that Public Notice of Privacy: We will post all comments Eric Bickleman and Robert Lowe these Determinations be published in we receive, without change, to http:// (collectively, applicants) have jointly the Federal Register. www.regulations.gov, including any filed a verified notice of exemption FOR FURTHER INFORMATION CONTACT: For personal information you provide. pursuant to 49 CFR 1180.2(d)(2) to further information, including a list of Using the search function of our docket continue in control of Elizabethtown the imported objects, contact the Office Web site, anyone can find and read the Industrial Railroad LLC (EZR), upon of the Legal Adviser, U.S. Department of comments received into any of our EZR’s becoming a Class III rail carrier. State, SA–5, L/PD, Fifth Floor (Suite dockets, including the name of the This transaction is related to a 5H03), Washington, DC 20522–0505. individual sending the comment (or concurrently filed verified notice of signing the comment for an association, exemption in Elizabethtown Industrial Dated: February 25, 2015. business, labor union, etc.). You may Railroad—Operation Exemption—Rail Kelly Keiderling, review DOT’s complete Privacy Act Holdings, Inc., Docket No. FD 35902, in Principal Deputy Assistant Secretary, Bureau Statement in the Federal Register which EZR seeks Board approval to of Educational and Cultural Affairs, published on April 11, 2000 (65 FR operate a 1.0-mile line of railroad, Department of State. 19477). known as the Conewago Industrial [FR Doc. 2015–05269 Filed 3–5–15; 8:45 am] Docket: To read background Track, between the connection with the BILLING CODE 4710–05–P documents or comments received, go to Norfolk Southern Railway Company’s

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main line at milepost 1.0 in Conewago, DEPARTMENT OF TRANSPORTATION Room W12–140 on the ground level of and milepost 0.0 in West Donegal the West Building, 1200 New Jersey Township, in Lancaster County, Pa. Federal Motor Carrier Safety Avenue SE., Washington, DC, between 9 This transaction may be Administration a.m. and 5 p.m., Monday through consummated on March 20, 2015 (the Friday, except Federal holidays. The [Docket No. FMCSA–2014–0302] effective date of this notice). FDMS is available 24 hours each day, Applicants currently control one Qualification of Drivers; Exemption 365 days each year. If you want Class III rail carrier, Clinton Terminal Applications; Vision acknowledgment that we received your Railroad Company, which operates in comments, please include a self- the State of North Carolina. AGENCY: Federal Motor Carrier Safety addressed, stamped envelope or Applicants certify that: (1) The rail Administration (FMCSA), DOT. postcard or print the acknowledgement lines to be operated by EZR do not ACTION: Notice of applications for page that appears after submitting connect with any other railroads exemptions, request for comments. comments on-line. operated by the carriers in the Privacy Act: In accordance with 5 applicants’ corporate family; (2) the SUMMARY: FMCSA announces receipt of U.S.C. 553(c), DOT solicits comments continuance in control is not part of a applications from 27 individuals for from the public to better inform its series of anticipated transactions that exemption from the vision requirement rulemaking process. DOT posts these would connect the rail lines to be in the Federal Motor Carrier Safety comments, without edit, including any operated by EZR with any other railroad Regulations. They are unable to meet personal information the commenter in applicants’ corporate family; and (3) the vision requirement in one eye for provides, to www.regulations.gov, as the transaction does not involve a Class various reasons. The exemptions will described in the system of records I rail carrier. Therefore, the transaction enable these individuals to operate notice (DOT/ALL–14 FDMS), which can is exempt from the prior approval commercial motor vehicles (CMVs) in be reviewed at www.dot.gov/privacy. requirements of 49 U.S.C. 11323. See 49 interstate commerce without meeting FOR FURTHER INFORMATION CONTACT: CFR 1180.2(d)(2). the prescribed vision requirement in Charles A. Horan, III, Director, Carrier, Under 49 U.S.C. 10502(g), the Board one eye. If granted, the exemptions Driver and Vehicle Safety Standards, may not use its exemption authority to would enable these individuals to (202) 366–4001, [email protected], relieve a rail carrier of its statutory qualify as drivers of commercial motor FMCSA, Department of Transportation, obligation to protect the interests of its vehicles (CMVs) in interstate commerce. 1200 New Jersey Avenue SE., Room employees. Section 11326(c), however, DATES: Comments must be received on W64–224, Washington, DC 20590–0001. does not provide for labor protection for or before April 6, 2015. All comments Office hours are from 8:30 a.m. to 5 transactions under 11324 and 11325 will be investigated by FMCSA. The p.m., Monday through Friday, except that involve only Class III rail carriers. exemptions will be issued the day after Federal holidays. If you have questions Accordingly, the Board may not impose the comment period closes. regarding viewing or submitting labor protective conditions here because ADDRESSES: You may submit comments material to the docket, contact Docket all of the carriers involved are Class III bearing the Federal Docket Management Services, telephone (202) 366–9826. carriers. SUPPLEMENTARY INFORMATION: If the notice contains false or System (FDMS) Docket No. FMCSA– misleading information, the exemption 2014–0302 using any of the following I. Background is void ab initio. Petitions to revoke the methods: • Federal eRulemaking Portal: Go to Under 49 U.S.C. 31136(e) and 31315, exemption under 49 U.S.C. 10502(d) FMCSA may grant an exemption from may be filed at any time. The filing of http://www.regulations.gov. Follow the on-line instructions for submitting the Federal Motor Carrier Safety a petition to revoke will not Regulations for a 2-year period if it finds automatically stay the effectiveness of comments. • Mail: Docket Management Facility; ‘‘such exemption would likely achieve a the exemption. Stay petitions must be level of safety that is equivalent to or filed no later than March 13, 2015 (at U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building greater than the level that would be least seven days before the exemption achieved absent such exemption.’’ becomes effective). Ground Floor, Room W12–140, Washington, DC 20590–0001. FMCSA can renew exemptions at the An original and 10 copies of all • end of each 2-year period. The 27 pleadings, referring to Docket No. FD Hand Delivery: West Building Ground Floor, Room W12–140, 1200 individuals listed in this notice have 35903, must be filed with the Surface each requested such an exemption from Transportation Board, 395 E Street SW., New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday the vision requirement in 49 CFR Washington, DC 20423–0001. In 391.41(b)(10), which applies to drivers addition, one copy of each pleading through Friday, except Federal Holidays. of CMVs in interstate commerce. must be served on John K. Fiorilla, • Accordingly, the Agency will evaluate Capehart & Scatchard, P.A., 8000 Fax: 1–202–493–2251. Instructions: Each submission must the qualifications of each applicant to Midlantic Drive, Suite 300S, Mount determine whether granting an Laurel, NJ 08054. include the Agency name and the docket numbers for this notice. Note exemption will achieve the required Board decisions and notices are level of safety mandated by statute. available on our Web site at that all comments received will be WWW.STB.DOT.GOV. posted without change to http:// II. Qualifications of Applicants www.regulations.gov, including any Decided: March 3, 2015. personal information provided. Please Joel C. Bailey By the Board, Rachel D. Campbell, Director, Office of Proceedings. see the Privacy Act heading below for Mr. Bailey, 60, has had a macular scar further information. in his left eye since 2007. The visual Brendetta S. Jones, Docket: For access to the docket to acuity in his right eye is 20/25, and in Clearance Clerk. read background documents or his left eye, 20/60. Following an [FR Doc. 2015–05208 Filed 3–5–15; 8:45 am] comments, go to http:// examination in 2014, his BILLING CODE 4915–01–P www.regulations.gov at any time or ophthalmologist stated, ‘‘He has

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sufficient vision to perform driving no light perception. Following an trailer combinations for 30 years, tasks and operate a commercial vehicle examination in 2014, his optometrist accumulating 300,000 miles, and buses with no restrictions.’’ Mr. Bailey stated, ‘‘In my opinion Mr. Curtis has for five years, accumulating 50,000 reported that he has driven tractor- sufficient stable vision with his right miles. He holds a Class C CDL from trailer combinations for 19 years, eye to perform the driving taks [sic] California. His driving record for the last accumulating 1.9 million miles. He required to operate a commercial 3 years shows no crashes and no holds a Class A CDL from Florida. His vehicle.’’ Mr. Curtis reported that he has convictions for moving violations in a driving record for the last 3 years shows driven tractor-trailer combinations for CMV. no crashes and no convictions for 35 years, accumulating 3.5 million Paul E. Emmons moving violations in a CMV. miles. He holds a Class A CDL from Washington. His driving record for the Mr. Emmons, 62, has had optic nerve Mackfie Bradley, Jr. last 3 years shows no crashes and no atrophy in his right eye since childhood. Mr. Bradley, 47, has had macular convictions for moving violations in a The visual acuity in his right eye is 20/ scarring in his left eye since childhood. CMV. 400, and in his left eye, 20/20. The visual acuity in his right eye is 20/ Following an examination in 2014, his Douglas S. Dalling 40, and in his left eye, counting fingers. optometrist stated, ‘‘In my opinion he Following an examination in 2014, his Mr. Dalling, 46, has had Coats’ has sufficient vision to operate optometrist stated, ‘‘In my medical Disease in his right eye since childhood. commercial vehicles.’’ Mr. Emmons opinion, Mr. Bradley has sufficient The visual acuity in his right eye is light reported that he has driven straight vision to safely operate a commercial perception, and in his left eye, 20/20. trucks for 40 years, accumulating 1.2 vehicle.’’ Mr. Bradley reported that he Following an examination in 2014, his million miles. He holds a Class B CDL has driven straight trucks for 8 years, ophthalmologist stated, ‘‘In my medical from Rhode Island. His driving record accumulating 2.4 million miles. He opinion, Mr. Dalling has sufficient for the last 3 years shows no crashes and holds an operator’s license from North vision in his left eye to perform the no convictions for moving violations in Carolina. His driving record for the last driving test required to operate a a CMV. 3 years shows no crashes and no commercial vehicle.’’ Mr. Dalling Thomas P. Fitzsimmons Jr. convictions for moving violations in a reported that he has driven straight CMV. trucks for 16 years, accumulating Mr. Fitzsimmons, 51, has had 576,000 miles. He holds a Class B CDL esotropia and amblyopia in his left eye Justin C. Bruchman from Pennsylvania. His driving record since birth. The visual acuity in his Mr. Bruchman, 31, has had a globe for the last 3 years shows no crashes and right eye is 20/20, and in his left eye, laceration with retinal detachment in no convictions for moving violations in 20/100. Following an examination in his left eye since 2002. The visual acuity a CMV. 2014, his optometrist stated, ‘‘In in his right eye is 20/20, and in his left summary, Mr. Fitzsimmons has Lloyd A. Dornbusch eye, light perception. Following an sufficient vision to operate a examination in 2014, his optometrist Mr. Dornbusch, 68, has had macular commercial vehicle.’’ Mr. Fitzsimmons stated, ‘‘Through my testing, the patient degeneration in his left eye since 2002. reported that he has driven straight exhibits sufficient vision to operate a The visual acuity in his right eye is 20/ trucks for 18 years, accumulating commercial vehicle.’’ Mr. Bruchman 20, and in his left eye, 20/150. 396,000 miles. He holds an operator’s reported that he has driven straight Following an examination in 2014, his license from North Carolina. His driving trucks for 10 years, accumulating optometrist stated, ‘‘I certify that in my record for the last 3 years shows no 500,000 miles. He holds an operator’s opinion Mr. Dornbusch has sufficient crashes and no convictions for moving license from Wisconsin. His driving vision to perform the driving tasks violations in a CMV. record for the last 3 years shows no required to operate a commercial Steve L. Frisby crashes and no convictions for moving vehicle.’’ Mr. Dornbusch reported that violations in a CMV. he has driven tractor-trailer Mr. Frisby, 56, has had a retinal combinations for 48 years, accumulating detachment in his right eye since 2004. Bradley J. Compton 2.4 million miles. He holds a Class A The visual acuity in his right eye is 20/ Mr. Compton, 52, has had amblyopia CDL from Pennsylvania. His driving 400, and in his left eye, 20/25. in his left eye since childhood. The record for the last 3 years shows no Following an examination in 2014, his visual acuity in his right eye is 20/20, crashes and no convictions for moving optometrist stated, ‘‘It is my opinion and in his left eye, 20/100. Following an violations in a CMV. that Mr. Frisby has sufficient vision to examination in 2014, his optometrist perform the driving tasks required to Randall R. Drake stated, ‘‘In my opinion, he has sufficient operate a commercial vehicle.’’ Mr. enough vision to perform the driving Mr. Drake, 53, has had alternating Frisby reported that he has driven tasks required to operate a commercial esotropia in his left eye since childhood. straight trucks for 35 years, vehicle.’’ Mr. Compton reported that he The visual acuity in his right eye is 20/ accumulating 4.38 million miles, and has driven straight trucks for 38 years, 30, and in his left eye, 20/200. tractor-trailer combinations for 35 years, accumulating 494,000 miles. He holds a Following an examination in 2014, his accumulating 4.38 million miles. He Class A CDL from Idaho. His driving optometrist stated, ‘‘He has a stable holds a Class A CDL from California. record for the last 3 years shows no decrease in vision with a vision of 20/ His driving record for the last 3 years crashes and no convictions for moving 30 in the right eye and 20/200 in the left shows no crashes and no convictions for violations in a CMV. eye . . . He does have an ability to moving violations in a CMV. recognize traffic control signals and has Anthony C. Curtis not shown a noted decrease in his Daryl G. Gibson Mr. Curtis, 71, has had enucleation ability to operate a commercial vehicle.’’ Mr. Gibson, 45, has had a degenerated due to cancerous choroid in his left eye Mr. Drake reported that he has driven optic nerve in his left eye since since 1996. The visual acuity in his straight trucks for 38 years, childhood. The visual acuity in his right right eye is 20/25, and in his left eye, accumulating 380,000 miles, tractor- eye is 20/20, and in his left eye, light

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perception. Following an examination last 3 years shows no crashes and no optometrist stated, ‘‘pt [sic] reports that in 2014, his optometrist stated, ‘‘Vision convictions for moving violations in a need testing done for commercial is acceptable for driving a commercial CMV. license . . . h/o [sic] refractive vehicle.’’ Mr. Gibson reported that he amblyopia OD since 2005 when pt [sic] Mark E. Jeans has driven straight trucks for 3 years, was first seen here . . . Patient accumulating 6,000 miles, and tractor- Mr. Jeans, 35, has had Behcet’s drivesDriving [sic] Difficulties: none trailer combinations for 17 years, panuveities, primary open angle . . . Fields: Full with no restrictions accumulating 340,000 miles. He holds a glaucoma, and a retinal detachment in OU.’’ Mr. Mayo reported that he has Class A CDL from Florida. His driving his right eye since 2005. The visual driven straight trucks for 10 years, record for the last 3 years shows no acuity in his right eye is light accumulating one million miles, and crashes and one conviction for a moving perception, and in his left eye, 20/20. tractor-trailer combinations for 10 years, violation in a CMV; he failed to yield to Following an examination in 2014, his accumulating one million miles. He a traffic signal. ophthalmologist stated, ‘‘In our medical holds a Class A CDL from Virginia. His opinion, Mr. Jeans has sufficient vision driving record for the last 3 years shows Mark J. Goodrich to operate a commercial vehicle.’’ Mr. one crash, to which he did not Mr. Goodrich, 48, has had refractive Jeans reported that he has driven contribute and was not cited, and no amblyopia in his left eye since birth. straight trucks for one year, convictions for moving violations in a The visual acuity in his right eye is 20/ accumulating 11,000 miles, and buses CMV. 20, and in his left eye, 20/70. Following for 13 years, accumulating 2.15 million an examination in 2014, his optometrist miles. He holds a Class B CDL from Ross E. McCleary stated, ‘‘Pt [sic] meets minimum Oklahoma. His driving record for the Mr. McCleary, 38, has optic nerve standards of vision to safely drive a last 3 years shows no crashes and no compression in his left eye since commercial vehicle.’’ Mr. Goodrich convictions for moving violations in a childhood. The visual acuity in his right reported that he has driven straight CMV. eye is 20/20, and in his left eye, no light trucks for 31 years, accumulating perception. Following an examination 186,000 miles. He holds an operator’s Chad Kauffman in 2014, his optometrist stated, ‘‘I certify license from Pennsylvania. His driving Mr. Kauffman, 26, has enucleation in that because of the stability of the visual record for the last 3 years shows no his right eye due to a traumatic incident condition, which has been long crashes and no convictions for moving during childhood. The visual acuity in standing, he has sufficient vision to violations in a CMV. his right eye is no light perception, and perform the driving task required to in his left eye, 20/20. Following an Ramon L. Green operate a commercial vehicle.’’ examination in 2015, his optometrist Mr. McCleary reported that he has Mr. Green, 45, has retinal scarring in stated, ‘‘In my medical opinion I do driven straight trucks for 4 years, his left eye due to a traumatic incident believe he has adapted to monocular accumulating 100,000 miles. He holds a in 2003. The visual acuity in his right vision very well and does meet the Class A CDL from Nebraska. His driving eye is 20/20, and in his left eye, 20/400. requirements necessary to operate a record for the last 3 years shows no Following an examination in 2014, his commercial vehicle.’’ Mr. Kauffman crashes and no convictions for moving optometrist stated, ‘‘Ii [sic] is my reported that he has driven straight violations in a CMV. medical opinion that Mr. Green has trucks for 4 years, accumulating 4,000 Alex D. McCrady sufficient visual acuity and visual field miles. He holds an operator’s license to operate a commercial vehicle.’’ Mr. from Pennsylvania. His driving record Mr. McCrady, 27, has complete loss of Green reported that he has driven for the last 3 years shows no crashes and vision in his left eye due to a traumatic straight trucks for 21 years, no convictions for moving violations in incident in 2004. The visual acuity in accumulating 1.89 million miles, and a CMV. his right eye is 20/20, and in his left eye, tractor-trailer combinations for 21 years, no light perception. Following an accumulating 2.63 million miles. He Scottie W. Lewis examination in 2014, his holds a Class A CDL from Louisiana. His Mr. Lewis, 42, has had band ophthalmologist stated, ‘‘I believe he driving record for the last 3 years shows keratopathy and keratectomy in his right has sufficient vision to perform the no crashes and no convictions for eye since childhood. The visual acuity driving tasks requirec [sic] to operate a moving violations in a CMV. in his right eye is no light perception, commercial vehicle.’’ Mr. McCrady and in his left eye, 20/20. Following an reported that he has driven straight Carl E. Hess examination in 2014, his optometrist trucks for six years, accumulating Mr. Hess, 61, has had a full-thickness stated, ‘‘Patient has normal 20/20 Vision 300,000 miles, and tractor-trailer macular hole in his left eye since 2010. with full visual field in his left eye combinations for four months, The visual acuity in his right eye is 20/ sufficient to operate a commercial motor accumulating 5,000 miles. He holds a 30, and in his left eye, 20/50. Following vehicle.’’ Mr. Lewis reported that he has Class AMC CDL from New Hampshire. an examination in 2014, his driven straight trucks for 23 years, His driving record for the last 3 years ophthalmologist stated, ‘‘US Department accumulating 112,700 miles. He holds a shows no crashes and no convictions for of Transportation Federal Vision Class A CDL from Georgia. His driving moving violations in a CMV. Exemption Program . . . In my medical record for the last 3 years shows no Stacy L. Michael opinion, I do believe he has sufficient crashes and no convictions for moving vision to perform the required driving violations in a CMV. Mr. Michael, 48, has had amblyopia tasks.’’ Mr. Hess reported that he has in his right eye since birth. The visual driven straight trucks for 41 years, David S. Mayo acuity in his right eye is 20/80, and in accumulating 307,500 miles, and Mr. Mayo, 46, has had refractive his left eye, 20/20. Following an tractor-trailer combinations for 13 years, amblyopia in his right eye since 2005. examination in 2014, his optometrist accumulating 1.3 million miles. He The visual acuity in his right eye is 20/ stated, ‘‘In my medical opinion Stacy holds a Class AM CDL from 200, and in his left eye, 20/25. Michael has sufficient vision to perform Pennsylvania. His driving record for the Following an examination in 2015, his the driving tasks required to operate a

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commercial vehicle.’’ Mr. Michael optometrist stated, ‘‘Mr. Tucker’s visual submit comments by mail and would reported that he has driven straight abilities are adequate to perform the like to know that they reached the trucks for 27 years, accumulating 81,000 driving tasks required to operate a facility, please enclose a stamped, self- miles, and tractor-trailer combinations commercial vehicle.’’ Mr. Tucker addressed postcard or envelope. for 27 years, accumulating 189,000 reported that he has driven straight FMCSA will consider all comments miles. He holds a Class A CDL from trucks for 15 years, accumulating and material received during the Ohio. His driving record for the last 3 750,000 miles, and tractor-trailer comment period and may change this years shows no crashes and no combinations for 15 years, accumulating notice based on your comments. convictions for moving violations in a 750,000 miles. He holds a Class A CDL Viewing Comments and Documents CMV. from Missouri. His driving record for the last 3 years shows no crashes and no To view comments, as well as Charles A. Morgan convictions for moving violations in a documents mentioned in this preamble Mr. Morgan, 75, has had a retinal CMV. as being available in the docket, go to vascular occlusion in his right eye since http://www.regulations.gov and insert Jason R. White 2009. The visual acuity in his right eye the docket number FMCSA–2014–0302 is 20/100, and in his left eye, 20/25. Mr. White, 32, has had amblyopia in in the ‘‘Keyword’’ box and click Following an examination in 2014, his his right eye since childhood. The ‘‘Search.’’ Next, click ‘‘Open Docket optometrist stated, ‘‘Mr. Morgan appears visual acuity in his right eye is 20/50, Folder’’ button and choose the to have sufficient vision to perform the and in his left eye, 20/20. Following an document listed to review. If you do not driving tasks required to operate a examination in 2014, his optometrist have access to the Internet, you may commercial vehicle.’’ stated, ‘‘I found no reason to believe he view the docket online by visiting the Mr. Morgan reported that he has does not have sufficient vision to Docket Management Facility in Room driven buses for 50 years, accumulating perform the driving tasks required to W12–140 on the ground floor of the 500,000 miles. He holds a Class B CDL operate a commercial vehicle.’’ Mr. DOT West Building, 1200 New Jersey from North Carolina. His driving record White reported that he has driven Avenue SE., Washington, DC 20590, for the last 3 years shows no crashes and straight trucks for 6.5 years, between 9 a.m. and 5 p.m., e.t., Monday no convictions for moving violations in accumulating 243,750 miles. He holds through Friday, except Federal holidays. a CMV. an operator’s license from Ohio. His Issued On: February 26, 2015. driving record for the last 3 years shows Paul C. Swanson no crashes and no convictions for Larry W. Minor, Mr. Swanson, 56, has had amblyopia moving violations in a CMV. Associate Administrator for Policy. in his right eye since childhood. The [FR Doc. 2015–05236 Filed 3–5–15; 8:45 am] III. Public Participation and Request for visual acuity in his right eye is 20/150, BILLING CODE 4910–EX–P and in his left eye, 20/25. Following an Comments examination in 2014, his FMCSA encourages you to participate ophthalmologist stated, ‘‘Patient has by submitting comments and related DEPARTMENT OF TRANSPORTATION sufficient vision to operate a materials. Federal Motor Carrier Safety commercial vehicle without Submitting Comments restriction.’’ Mr. Swanson reported that Administration he has driven straight trucks for 33 If you submit a comment, please years, accumulating 1.05 million miles. include the docket number for this [Docket No. FMCSA–2013–0021] He holds a Class B CDL from Illinois. notice, indicate the specific section of His driving record for the last 3 years this document to which each comment Qualification of Drivers; Exemption shows no crashes and one conviction for applies, and provide a reason for each Applications; Vision suggestion or recommendation. You a moving violation in a CMV; he AGENCY: Federal Motor Carrier Safety exceeded the speed limit by 15 MPH. may submit your comments and material online or by fax, mail, or hand Administration (FMCSA), DOT. Terrance W. Temple delivery, but please use only one of ACTION: Notice of renewal of Mr. Temple, 58, has had amblyopia in these means. FMCSA recommends that exemptions; request for comments. his right eye since childhood. The you include your name and a mailing SUMMARY: FMCSA announces its address, an email address, or a phone visual acuity in his right eye is 20/100, decision to renew the exemptions from number in the body of your document and in his left eye, 20/20. Following an the vision requirement in the Federal so the Agency can contact you if it has examination in 2014, his optometrist Motor Carrier Safety Regulations for 7 stated, ‘‘In my opinion, he has sufficient questions regarding your submission. To submit your comment online, go to individuals. FMCSA has statutory vision to drive a commercial vehicle.’’ authority to exempt individuals from Mr. Temple reported that he has driven http://www.regulations.gov and put the docket number FMCSA–2014–0302 in the vision requirement if the straight trucks for 40 years, exemptions granted will not accumulating 624,000 miles. He holds a the ‘‘Keyword’’ box, and click ‘‘Search’’. When the new screen appears, click on compromise safety. The Agency has Class B CDL from Ohio. His driving concluded that granting these record for the last 3 years shows no ‘‘Comment Now!’’ button and type your comment into the text box in the exemption renewals will provide a level crashes and no convictions for moving of safety that is equivalent to or greater violations in a CMV. following screen. Choose whether you are submitting your comment as an than the level of safety maintained Rick A. Tucker individual or on behalf of a third party without the exemptions for these Mr. Tucker, 60, has had a retinal and then submit. If you submit your commercial motor vehicle (CMV) detachment in his left eye since 2001. comments by mail or hand delivery, drivers. The visual acuity in his right eye is submit them in an unbound format, no DATES: This decision is effective April 4, 20/30, and in his left eye, 20/200. larger than 81⁄2 by 11 inches, suitable for 2015. Comments must be received on or Following an examination in 2014, his copying and electronic filing. If you before April 6, 2015.

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ADDRESSES: You may submit comments SUPPLEMENTARY INFORMATION: III. Basis for Renewing Exemptions bearing the Federal Docket Management I. Background Under 49 U.S.C. 31315(b)(1), an System (FDMS) numbers: Docket No. exemption may be granted for no longer [Docket No. FMCSA–2013–0021], using Under 49 U.S.C. 31136(e) and 31315, than two years from its approval date any of the following methods: FMCSA may renew an exemption from • and may be renewed upon application Federal eRulemaking Portal: Go to the vision requirements in 49 CFR for additional two year periods. In http://www.regulations.gov. Follow the 391.41(b)(10), which applies to drivers accordance with 49 U.S.C. 31136(e) and on-line instructions for submitting of CMVs in interstate commerce, for a 31315, each of the 7 applicants has comments. two-year period if it finds ‘‘such • satisfied the entry conditions for Mail: Docket Management Facility; exemption would likely achieve a level obtaining an exemption from the vision U.S. Department of Transportation, 1200 of safety that is equivalent to or greater requirements (78 FR 10251; 78 FR New Jersey Avenue SE., West Building than the level that would be achieved 20379). Each of these 7 applicants has Ground Floor, Room W12–140, absent such exemption.’’ The requested renewal of the exemption and Washington, DC 20590–0001. procedures for requesting an exemption • has submitted evidence showing that Hand Delivery or Courier: West (including renewals) are set out in 49 the vision in the better eye continues to Building Ground Floor, Room W12–140, CFR part 381. meet the requirement specified at 49 1200 New Jersey Avenue SE., II. Exemption Decision CFR 391.41(b)(10) and that the vision Washington, DC, between 9 a.m. and 5 impairment is stable. In addition, a p.m., Monday through Friday, except This notice addresses 7 individuals review of each record of safety while Federal Holidays. who have requested renewal of their • driving with the respective vision Fax: 1–202–493–2251. exemptions in accordance with FMCSA deficiencies over the past two years Instructions: Each submission must procedures. FMCSA has evaluated these indicates each applicant continues to include the Agency name and the 7 applications for renewal on their meet the vision exemption docket number for this notice. Note that merits and decided to extend each requirements. DOT posts all comments received exemption for a renewable two-year These factors provide an adequate without change to http:// period. They are: basis for predicting each driver’s ability www.regulations.gov, including any Michael L. Bergman (KS) to continue to drive safely in interstate personal information included in a Efrain Gonzalez (UT) commerce. Therefore, FMCSA comment. Please see the Privacy Act Shane Holum (OR) concludes that extending the exemption heading below. Daryl W. Morris (MO) for each renewal applicant for a period Docket: For access to the docket to of two years is likely to achieve a level read background documents or Daniel E. Nestel (IN) Thomas G. Normington (WY) of safety equal to that existing without comments, go to http:// the exemption. www.regulations.gov at any time or Thomas L. Terrell (IA) Room W12–140 on the ground level of The exemptions are extended subject IV. Public Participation and Request for the West Building, 1200 New Jersey to the following conditions: (1) That Comments Avenue SE., Washington, DC, between 9 each individual has a physical FMCSA encourages you to participate a.m. and 5 p.m., Monday through examination every year (a) by an by submitting comments and related Friday, except Federal holidays. The ophthalmologist or optometrist who materials. Federal Docket Management System attests that the vision in the better eye (FDMS) is available 24 hours each day, continues to meet the requirements in Submitting Comments 365 days each year. If you want 49 CFR 391.41(b)(10), and (b) by a If you submit a comment, please acknowledgment that we received your medical examiner who attests that the include the docket number for this comments, please include a self- individual is otherwise physically notice (FMCSA–2013–0021), indicate addressed, stamped envelope or qualified under 49 CFR 391.41; (2) that the specific section of this document to postcard or print the acknowledgement each individual provides a copy of the which each comment applies, and page that appears after submitting ophthalmologist’s or optometrist’s provide a reason for each suggestion or comments on-line. report to the medical examiner at the recommendation. You may submit your Privacy Act: In accordance with 5 time of the annual medical examination; comments and material online or by fax, U.S.C. 553(c), DOT solicits comments and (3) that each individual provide a mail, or hand delivery, but please use from the public to better inform its copy of the annual medical certification only one of these means. FMCSA rulemaking process. DOT posts these to the employer for retention in the recommends that you include your comments, without edit, including any driver’s qualification file and retains a name and a mailing address, an email personal information the commenter copy of the certification on his/her address, or a phone number in the body provides, to www.regulations.gov, as person while driving for presentation to of your document so the Agency can described in the system of records a duly authorized Federal, State, or local contact you if it has questions regarding notice (DOT/ALL–14 FDMS), which can enforcement official. Each exemption your submission. be reviewed at www.dot.gov/privacy. will be valid for two years unless To submit your comment online, go to FOR FURTHER INFORMATION CONTACT: rescinded earlier by FMCSA. The http://www.regulations.gov and put the Charles A. Horan, III, Director, Carrier, exemption will be rescinded if: (1) The docket number, ‘‘FMCSA–2013–0021’’ Driver and Vehicle Safety Standards, person fails to comply with the terms in the ‘‘Keyword’’ box, and click 202–366–4001, [email protected], and conditions of the exemption; (2) the ‘‘Search.’’ When the new screen FMCSA, Department of Transportation, exemption has resulted in a lower level appears, click on ‘‘Comment Now!’’ 1200 New Jersey Avenue SE., Room of safety than was maintained before it button and type your comment into the W64–224, Washington, DC 20590–0001. was granted; or (3) continuation of the text box in the following screen. Choose Office hours are from 8:30 a.m. to 5 p.m. exemption would not be consistent with whether you are submitting your Monday through Friday, except Federal the goals and objectives of 49 U.S.C. comment as an individual or on behalf holidays. 31136(e) and 31315. of a third party and then submit. If you

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submit your comments by mail or hand June 28, 2015. The focus hours are daily LAWA, the FAA, and stakeholders delivery, submit them in an unbound from 0600 through 2259 local time meet regularly to review construction format, no larger than 81⁄2 by 11 inches, (1300—0559 UTC). The deadline for plans, identify ways to improve airport suitable for copying and electronic carriers to submit schedule information and airspace efficiency, and mitigate filing. If you submit comments by mail for the later part of the Summer 2015 construction impacts whenever and would like to know that they scheduling season (June 28 through possible. These and other collaborative reached the facility, please enclose a October 24, 2015) is March 20, 2015. efforts will continue to improve and stamped, self-addressed postcard or The submission deadline for the Winter manage operations as efficiently as envelope. FMCSA will consider all 2015 scheduling season will be May 21, possible; however, runway capacity and comments and material received during 2015, which coincides with the IATA surface operations will be impacted the comment period and may change submission deadline. The FAA intends during construction. The specific this notice based on your comments. for the Level 2 designation to be operational and delay impacts have not temporary and does not anticipate this been definitively determined for each Viewing Comments and Documents designation to extend beyond the construction phase and will depend on To view comments, as well as any completion date of construction. the final project details, available documents mentioned in this preamble DATES: Schedules must be submitted no runways, taxiways, and other as being available in the docket, go to later than March 20, 2015. operational factors. Surface operations http://www.regulations.gov and in the ADDRESSES: Schedules may be will become more complex during search box insert the docket number, submitted by mail to the Slot construction and affect taxi times, ‘‘FMCSA–2013–0021’’ in the Administration Office, AGC–200, Office terminal/gate area operations, and ‘‘Keyword’’ box and click ‘‘Search.’’ of the Chief Counsel, 800 Independence aircraft staging. FAA Design Group VI Next, click ‘‘Open Docket Folder’’ Ave. SW., Washington, DC 20591; Aircraft operations present additional button choose the document listed to facsimile: 202–267–7277; or by email to: challenges. LAX currently has more review. If you do not have access to the 7–[email protected]. scheduled Group VI Aircraft operations Internet, you may view the docket FOR FURTHER INFORMATION CONTACT: than any other U.S. airport with more online by visiting the Docket Susan Pfingstler, System Operations operations planned in summer 2015. Management Facility in Room W12–140 Services, Air Traffic Organization, Operational restrictions for Group VI on the ground floor of the DOT West Federal Aviation Administration, 600 Aircraft include additional aircraft Building, 1200 New Jersey Avenue SE., Independence Avenue SW., separation, runway selection, and taxi Washington, DC 20590, between 9 a.m. Washington, DC 20591; telephone constraints. The FAA recognizes that many and 5 p.m., e.t., Monday through Friday, number: 202–267–6462; email: summer schedules have been completed except Federal holidays. [email protected]. or are approaching the final planning Dated: March 2, 2015. SUPPLEMENTARY INFORMATION: IATA stages. The initial schedules published Larry W. Minor, guidelines state that a Level 2 airport is for August 2015 are slightly above the Associate Administrator for Policy. one where there is the potential for August 2014 schedules. While some [FR Doc. 2015–05198 Filed 3–5–15; 8:45 am] congestion during some periods of the carriers have reduced operations BILLING CODE 4910–EX–P day, week or season, which can be compared to last summer, other carriers resolved by schedule adjustments have increased flights. The FAA mutually agreed between airlines and modeled delays for the March to early DEPARTMENT OF TRANSPORTATION the facilitator. The FAA has determined April closure of Runway 7R/25L and the that LAX should be designated as Level late June to October closure of Runway Federal Aviation Administration 2 based on projected capacity 6L/24R. Modeling suggests moderate reductions and operational delays that delays for the March/April closure and Notice of Submission Deadline for are anticipated during the upcoming Schedule Information for Los Angeles more extensive delays during the peak periods of runway construction. This July and August months. These International Airport for the Summer construction is expected to occur in 2015 Scheduling Season projections are based on published phases from March 2015 through mid- schedules and historic unscheduled AGENCY: Department of Transportation, 2018. LAWA plans runway closures or traffic and projected capacity during the Federal Aviation Administration (FAA). shortened runway lengths for 2015 closures. Capacity rates are ACTION: Notice of submission deadline. resurfacing, construction of runway expected to be reduced by safety areas, and other airfield projects approximately 25%, decreasing hourly SUMMARY: Los Angeles World Airports for all four runways. LAWA’s current arrivals and departures from about 138 (LAWA) has planned runway proposal indicates that only one runway to 104 in visual meteorological resurfacing and Runway Safety Area would be closed or shortened at a time. conditions. The FAA is continuing to (RSA) construction at Los Angeles LAWA projects that Runway 7R/25L look at potential ways to increase International Airport (LAX) beginning will be closed for 33 days in March/ runway throughput during construction in March of 2015 until mid-2018. April 2015. Runway 6L/24R would and improve operations given the During this timeframe, a runway will be close from late June to October 2015. constraints. The FAA, LAWA, operators, either shortened or closed, which could Runway 6R/24L would be shortened and other affected parties expect to increase delays throughout much of the beginning December 2015 for ten improve their operational planning for period of construction. In response to months. Runway 7L/25R would be future construction phases based on the the varying capacity changes and shortened for four months beginning experiences during the March/April forecasted scheduled demand over the October 2016 followed by a four month closure. duration of the project, the FAA closure until spring 2017. Runway 7R/ The FAA considered whether it announces the designation of LAX as a 25L would close in January 2018 for five would be optimal to begin the Level 2 Level 2 airport under International Air months. Specific projects and dates will review during the Winter 2015 Transport Association (IATA) be determined and announced by scheduling season. Winter schedules are Worldwide Slot Guidelines effective LAWA. in earlier stages of development and

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present more opportunities for carriers based on terminal constraints. Schedule exemption renewals will provide a level to plan flights during less congested submissions and discussions with of safety that is equivalent to or greater times. However, an earlier designation LAWA will continue in addition to than the level of safety maintained in summer rather than waiting until the FAA’s review for runway impacts as without the exemptions for these next construction phase provides an described in this notice. Carriers commercial motor vehicle (CMV) opportunity for the FAA to facilitate operating at TBIT may copy both LAWA drivers. modest positive schedule moves during and the FAA on schedule messages. DATES: This decision is effective April 1, peak demand season at LAX, discourage Finally, the FAA expects that the 2015. Comments must be received on or moves into peak periods that might Level 2 designation will allow all before April 6, 2015. increase congestion, and alert carriers interested parties an opportunity to ADDRESSES: thorough the IATA WSG process that address any imbalance between demand You may submit comments there is a potential for congestion. and capacity, and work cooperatively to bearing the Federal Docket Management Schedule review under Level 2 alone reduce delays. The FAA supports the System (FDMS) numbers: Docket No. will not resolve the congestion and Level 2 process as a preferred and viable [Docket No. FMCSA–2000–7918; delays resulting from demand that may alternative to full slot coordination FMCSA–2002–12844; FMCSA–2004– exceed capacity. Rather, we expect that under Level 3 or other administrative 19477; FMCSA–2005–20027; FMCSA– delays may be reduced as the FAA and actions to address congestion during the 2010–0385; FMCSA–2010–0413], using carriers consider the potential impacts runway and RSA construction. Since any of the following methods: • Federal eRulemaking Portal: Go to of new or retimed flights in peak LAX does not have a history of http://www.regulations.gov. Follow the periods. The success of Level 2 relies on significant delays and capacity is on-line instructions for submitting voluntary cooperation by carriers to generally sufficient to meet demand, the comments. maintain a reasonable balance between FAA anticipates continuing its Level 2 • Mail: Docket Management Facility; capacity and demand. Carriers should designation only for the planned U.S. Department of Transportation, 1200 recognize the operational constraints construction period that is expected to New Jersey Avenue SE., West Building during construction and the potential end in 2018. However, the FAA will Ground Floor, Room W12–140, for lengthy delays, carrier network review the Level 2 designation, at a impacts, flight cancellations, and Washington, DC 20590–0001. minimum, in advance of each • consumer disruption if planned Hand Delivery or Courier: West scheduling season and consider further Building Ground Floor, Room W12–140, schedules significantly exceed capacity. action as may be necessary if The FAA does not expect to confirm, 1200 New Jersey Avenue SE., operational data indicates that Washington, DC, between 9 a.m. and 5 under the Level 2 process, new peak congestion cannot be mitigated hour flights beyond those published as p.m., Monday through Friday, except effectively under the Level 2 Federal Holidays. of the date of this notice. designation. Accordingly, effective June 28, 2015, • Fax: 1–202–493–2251. the FAA designates LAX as a Level 2 Issued in Washington, DC, on March 3, Instructions: Each submission must airport daily between the hours of 0600 2015. include the Agency name and the and 2259 local time (1300 and 0559 Daniel E. Smiley, docket number for this notice. Note that UTC) but carriers may submit schedule Acting Vice President, System Operations DOT posts all comments received information for the full day, if preferred. Services. without change to http:// Carriers should submit to the FAA [FR Doc. 2015–05207 Filed 3–5–15; 8:45 am] www.regulations.gov, including any schedule information for all planned BILLING CODE 4910–13–P personal information included in a operations no later than March 20, 2015. comment. Please see the Privacy Act The FAA will reply to carrier schedule heading below. submissions within two weeks of the DEPARTMENT OF TRANSPORTATION Docket: For access to the docket to deadline. For future scheduling seasons, read background documents or Federal Motor Carrier Safety the FAA intends to follow the IATA comments, go to http:// Administration WSG regular slot activity calendar. www.regulations.gov at any time or Runway capacity estimates for the [Docket No. FMCSA–2000–7918; FMCSA– Room W12–140 on the ground level of Winter 2015 scheduling season are 2002–12844; FMCSA–2004–19477; FMCSA– the West Building, 1200 New Jersey expected in the spring and will be 2005–20027; FMCSA–2010–0385; FMCSA– Avenue SE., Washington, DC, between 9 reviewed during regular meetings with 2010–0413] a.m. and 5 p.m., Monday through LAWA and stakeholders. Friday, except Federal holidays. The Carriers should submit schedule Qualification of Drivers; Exemption Federal Docket Management System information in sufficient detail Applications; Vision (FDMS) is available 24 hours each day, including, at a minimum, the carrier, AGENCY: Federal Motor Carrier Safety 365 days each year. If you want flight number, scheduled time of arrival Administration (FMCSA), DOT. acknowledgment that we received your or departure, half-hour period, ACTION: Notice of renewal of comments, please include a self- frequency, and effective dates. IATA exemptions; request for comments. addressed, stamped envelope or standard schedule information format postcard or print the acknowledgement and data elements (Standard Schedules SUMMARY: FMCSA announces its page that appears after submitting Information Manual, Chapter 6) may be decision to renew the exemptions from comments on-line. submitted and would provide additional the vision requirement in the Federal Privacy Act: In accordance with 5 information that could be beneficial in Motor Carrier Safety Regulations for 11 U.S.C. 553(c), DOT solicits comments assessing operational impacts. individuals. FMCSA has statutory from the public to better inform its LAX is designated by LAWA as Level authority to exempt individuals from rulemaking process. DOT posts these 2 for flights at the Tom Bradley the vision requirement if the comments, without edit, including any International Terminal (TBIT). This exemptions granted will not personal information the commenter notice does not replace that process, compromise safety. The Agency has provides, to www.regulations.gov, as which is done separately by LAWA concluded that granting these described in the system of records

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notice (DOT/ALL–14 FDMS), which can copy of the certification on his/her FMCSA–2005–20027; FMCSA–2010– be reviewed at www.dot.gov/privacy. person while driving for presentation to 0385; FMCSA–2010–0413), indicate the FOR FURTHER INFORMATION CONTACT: a duly authorized Federal, State, or local specific section of this document to Charles A. Horan, III, Director, Carrier, enforcement official. Each exemption which each comment applies, and Driver and Vehicle Safety Standards, will be valid for two years unless provide a reason for each suggestion or 202–366–4001, [email protected], rescinded earlier by FMCSA. The recommendation. You may submit your FMCSA, Department of Transportation, exemption will be rescinded if: (1) The comments and material online or by fax, 1200 New Jersey Avenue SE., Room person fails to comply with the terms mail, or hand delivery, but please use W64–224, Washington, DC 20590–0001. and conditions of the exemption; (2) the only one of these means. FMCSA Office hours are from 8:30 a.m. to 5 p.m. exemption has resulted in a lower level recommends that you include your Monday through Friday, except Federal of safety than was maintained before it name and a mailing address, an email holidays. was granted; or (3) continuation of the address, or a phone number in the body exemption would not be consistent with of your document so the Agency can SUPPLEMENTARY INFORMATION: the goals and objectives of 49 U.S.C. contact you if it has questions regarding I. Background 31136(e) and 31315. your submission. To submit your comment online, go to Under 49 U.S.C. 31136(e) and 31315, III. Basis for Renewing Exemptions FMCSA may renew an exemption from http://www.regulations.gov and put the Under 49 U.S.C. 31315(b)(1), an the vision requirements in 49 CFR docket number, ‘‘FMCSA–2000–7918; exemption may be granted for no longer 391.41(b)(10), which applies to drivers FMCSA–2002–12844; FMCSA–2004– than two years from its approval date of CMVs in interstate commerce, for a 19477; FMCSA–2005–20027; FMCSA– and may be renewed upon application two-year period if it finds ‘‘such 2010–0385; FMCSA–2010–0413’’ in the for additional two year periods. In exemption would likely achieve a level ‘‘Keyword’’ box, and click ‘‘Search.’’ accordance with 49 U.S.C. 31136(e) and of safety that is equivalent to or greater When the new screen appears, click on 31315, each of the 11 applicants has than the level that would be achieved ‘‘Comment Now!’’ button and type your satisfied the entry conditions for absent such exemption.’’ The comment into the text box in the obtaining an exemption from the vision procedures for requesting an exemption following screen. Choose whether you requirements (65 FR 66286; 66 FR (including renewals) are set out in 49 are submitting your comment as an 13825; 67 FR 68719; 68 FR 2629; 68 FR CFR part 381. individual or on behalf of a third party 13360; 69 FR 64806; 70 FR 2701; 70 FR and then submit. If you submit your II. Exemption Decision 2705; 70 FR 12265; 70 FR 16887; 72 FR comments by mail or hand delivery, This notice addresses 11 individuals 1056; 72 FR 11425; 72 FR 11426; 73 FR submit them in an unbound format, no 1 who have requested renewal of their 76440; 74 FR 8302; 74 FR 8842; 75 FR larger than 8 ⁄2 by 11 inches, suitable for exemptions in accordance with FMCSA 77942; 75 FR 80887; 76 FR 1493; 76 FR copying and electronic filing. If you procedures. FMCSA has evaluated these 5425; 76 FR 12215; 76 FR 12216; 76 FR submit comments by mail and would 11 applications for renewal on their 12408; 78 FR 10250; 78 FR 12822; 78 FR like to know that they reached the merits and decided to extend each 14410). Each of these 11 applicants has facility, please enclose a stamped, self- exemption for a renewable two-year requested renewal of the exemption and addressed postcard or envelope. FMCSA period. They are: has submitted evidence showing that will consider all comments and material the vision in the better eye continues to received during the comment period Michael L. Ballantyne (MO) meet the requirement specified at 49 David F. Breuer (WI) and may change this notice based on CFR 391.41(b)(10) and that the vision Joseph A. Dean (AR) your comments. impairment is stable. In addition, a Kenneth L. Handy (IA) review of each record of safety while Viewing Comments and Documents Daniel L. Jacobs (AZ) To view comments, as well as any Jimmy C. Killian (NC) driving with the respective vision documents mentioned in this preamble Jose M. Limon-Alvarado (WA) deficiencies over the past two years as being available in the docket, go to Joe L. Meredith, Jr. (VA) indicates each applicant continues to http://www.regulations.gov and in the John W. Montgomery (MA) meet the vision exemption search box insert the docket number, Robert A. Moss (MO) requirements. Artis Suitt (NC) These factors provide an adequate ‘‘FMCSA–2000–7918; FMCSA–2002– basis for predicting each driver’s ability 12844; FMCSA–2004–19477; FMCSA– The exemptions are extended subject to continue to drive safely in interstate 2005–20027; FMCSA–2010–0385; to the following conditions: (1) That commerce. Therefore, FMCSA FMCSA–2010–0413’’ in the ‘‘Keyword’’ each individual has a physical concludes that extending the exemption box and click ‘‘Search.’’ Next, click examination every year (a) by an for each renewal applicant for a period ‘‘Open Docket Folder’’ button choose ophthalmologist or optometrist who of two years is likely to achieve a level the document listed to review. If you do attests that the vision in the better eye of safety equal to that existing without not have access to the Internet, you may continues to meet the requirements in the exemption. view the docket online by visiting the 49 CFR 391.41(b)(10), and (b) by a Docket Management Facility in Room IV. Public Participation and Request for medical examiner who attests that the W12–140 on the ground floor of the Comments individual is otherwise physically DOT West Building, 1200 New Jersey qualified under 49 CFR 391.41; (2) that FMCSA encourages you to participate Avenue SE., Washington, DC 20590, each individual provides a copy of the by submitting comments and related between 9 a.m. and 5 p.m., e.t., Monday ophthalmologist’s or optometrist’s materials. through Friday, except Federal holidays. report to the medical examiner at the time of the annual medical examination; Submitting Comments Issued on: March 2, 2015. and (3) that each individual provide a If you submit a comment, please Larry W. Minor, copy of the annual medical certification include the docket number for this Associate Administrator for Policy. to the employer for retention in the notice (FMCSA–2000–7918; FMCSA– [FR Doc. 2015–05244 Filed 3–5–15; 8:45 am] driver’s qualification file and retains a 2002–12844; FMCSA–2004–19477; BILLING CODE 4910–EX–P

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DEPARTMENT OF TRANSPORTATION without change to the docket, including Dated: March 3, 2015. any personal or business information Thomas M. Hudson, Jr., Maritime Administration provided. For additional information on Assistant Secretary, Maritime Administration. [Docket No. MARAD 2015–0022] the availability of submitted material, [FR Doc. 2015–05226 Filed 3–5–15; 8:45 am] see the section entitled Privacy Act. BILLING CODE 4910–81–P Use of Foreign-Flag Anchor Handling FOR FURTHER INFORMATION CONTACT: You Vessels in the Beaufort Sea or Chukchi may contact Michael Hokana, U.S. Sea Adjacent to Alaska DEPARTMENT OF TRANSPORTATION Department of Transportation, Maritime AGENCY: Maritime Administration, Administration, MAR–730 Room W21– Surface Transportation Board Department of Transportation. 304, 1200 New Jersey Avenue SE., [Docket No. FD 35902] ACTION: Notice and request for Washington, DC 20590. Telephone 202– comments. 366–0760. Elizabethtown Industrial Railroad LLC—Operation Exemption—Rail SUPPLEMENTARY INFORMATION: The SUMMARY: The Secretary of Holdings, Inc. Transportation, as represented by the Maritime Administration has received a Maritime Administration, is authorized request from a company seeking Elizabethtown Industrial Railroad to make determinations permitting the permission to charter a foreign-flag ice- LLC (EZR), a noncarrier, has filed a use of foreign-flag anchor handling classed A3 anchor handling vessel verified notice of exemption under 49 vessels in certain cases (and for a adjacent to the coast of Alaska. The CFR 1150.31 to operate a 1.0-mile line limited period of time) if no U.S.-flag foreign-flag anchor handling vessel of railroad, known as the Conewago vessels are found to be suitable and (TOR VIKING II 9199622) would operate Industrial Track, between the reasonably available. in the Beaufort Sea or Chukchi Sea connection with the Norfolk Southern A request for such a determination adjacent to Alaska, under certain Railway Company’s (NS) main line at regarding anchor handling vessels with conditions, and for a limited period of milepost 1.0 in Conewago, and milepost a minimum ice class A3 has been time. Section 306 of Public Law 111– 0.0 in West Donegal Township, in Lancaster County Pa., (the Line), received by the Maritime 281 allows the use of foreign-flag vessels pursuant to an operating agreement with Administration. If the Maritime in this regard if the Maritime Administration determines that U.S.- Rail Holdings, Inc. (RH), the owner of Administration determines that U.S.- 1 flag vessels are not suitable and the Line. flag vessels are not suitable or This transaction is related to a reasonably available for the proposed reasonably available. concurrently filed verified notice of service, a determination will be granted exemption in Eric Bickleman & Robert allowing for the conditional use of these The Maritime Administration is Lowe—Continuance in Control vessels, within a set time frame. Those posting this notice in the Federal Exemption—Elizabethtown Industrial interested in providing the names of Register providing the public notice 30 Railroad, Docket No. FD 35903, in suitable and available vessels for the days in advance of our intention to which Eric Bickleman and Robert Lowe proposed service should refer to the provide a determination allowing for the seek Board approval to continue in docket number, and identify the U.S.- use of a foreign-flag vessel in this control of Elizabethtown Industrial flag vessels available. regard, if suitable and available U.S.-flag Railroad LLC under 49 CFR DATES: Submit U.S.-flag anchor vessels are not otherwise identified. Our determination will be for a period of one 1180.2(d)(2), upon EZR’s becoming a handling ice class A3 or above vessel Class III rail carrier. calendar year from July 2015. Foreign- nominations on or before April 6, 2015. EZR states that it will provide ADDRESSES: U.S.-flag vessel nominations flag anchor handling vessels may not be common carrier freight service over the should refer to docket number MARAD employed for the setting, relocation or Line pursuant to an operating agreement 2015–0022. Written nominations may be recovery of anchors or other mooring it is negotiating with RH.2 EZR states submitted by hand or by mail to the equipment of a mobile offshore drilling that the operating agreement between Docket Clerk, U.S. Department of unit after December 31, 2017. EZR and RH does not contain any Transportation, Docket Operations, M– Privacy Act provision or agreement which would 30 West Building Ground Floor, Room limit future interchange of traffic with W12–140, 1200 New Jersey Avenue SE., Anyone is able to search the any third-party connecting carrier. EZR Washington, DC 20590–0001. You may electronic form of all comments and also states that it intends to interchange also send documents electronically via supporting documentation received into traffic with NS at Conewago. the Internet at http:// any of our dockets by the name of the EZR certifies that its projected annual www.regulations.gov. To do so, search individual submitting the comment (or revenues as a result of this transaction ‘‘MARAD 2015–0022’’ and follow the signing the comment, if submitted on 1 instructions for submitting comments. behalf of an association, business, labor According to EZR, RH purchased the Line from All submissions will become part of Conewago Industrial Track, Inc. (Conewago) in union, etc.). You may review the DOT September 2014. RH and Conewago, both are this docket and will be available for Privacy Act system of records notice for noncarriers. inspection and copying at the above the Federal Docket Management System 2 Once EZR enters into the agreement, it should address between 10 a.m. and 5 p.m., submit the agreement into the record in this (FDMS) in the Federal Register E.T., Monday through Friday, except proceeding in order to provide sufficient published on January 17, 2008, (73 FR information and documentation for the Board to federal holidays. An electronic version determine whether the owner-lessor can exert of this document, and all documents 3316) at http://edocket.access.gpo.gov/ 2008/pdf/E8-785.pdf. undue control over the lessee-carrier’s operations. entered into this docket, is available on See Anthony Macrie—Continuance in Control the World Wide Web at http:// Authority: Section 306, Pub. L. 111–281 Exemption—N.J. Seashire Lines, Inc., FD 35296, (Oct. 15, 2010). slip op at 3 (STB served Aug. 31, 2010); N. Shore www.regulations.gov., key search R.R.-Acquis & Operation Exemption—PPL ‘‘MARAD 2015–0022.’’ All comments By Order of the Maritime Administrator. Susquehanna, LLC, FD 35377, slip op. at 3 (STB and documents received will be posted served Apr. 26, 2011).

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will not result in the creation a Class I find that such restrictions do not unduly requirements as long as they do not or Class II rail carrier and will not limit competition, DOT may provide ‘‘unduly limit competition.’’ 1 exceed $5 million. further guidance regarding their use. The 2013 opinion explains that The transaction may be consummated DATES: This pilot program is effective competition would not be unduly on or after March 20, 2015, the effective March 6, 2015. limited by ‘‘[a] state or local date of the exemption (30 days after the requirement that has only an incidental FOR FURTHER INFORMATION CONTACT: verified notice of exemption was filed). For effect on the pool of potential bidders or If the verified notice contains false or technical information: Mr. Michael that imposes reasonable requirements misleading information, the exemption Harkins, Deputy Assistant General related to the performance of the is void ab initio. Petitions to revoke the Counsel for General Law, Office, U.S. necessary work. . . .’’ 2013 opinion at exemption under 49 U.S.C. 10502(d) Department of Transportation, 1200 2. In contrast, ‘‘a requirement that has may be filed at any time. The filing of New Jersey Avenue SE., Washington, more than an incidental effect on the a petition to revoke will not DC 20590, 202–366–0590 (telephone), pool of potential bidders and does not automatically stay the effectiveness of [email protected] (email). relate to the work’s performance would the exemption. Petitions for stay must SUPPLEMENTARY INFORMATION: unduly limit competition unless it be filed no later than March 13, 2015 (at Electronic Access promotes the efficient and effective use least seven days before the exemption of federal funds.’’ Id. at 2–3. In assessing becomes effective). An electronic copy of this document whether a requirement does promote the An original and 10 copies of all may also be downloaded from the Office efficient and effective use of federal pleadings, referring to Docket No. FD of the Federal Register’s home page at funds, the agency ‘‘may take into 35902, must be filed with Surface http://www.archives.gov/federal_register account whether the requirement Transportation Board, 395 E Street SW., and the Government Publishing Office’s promotes such efficiency in connection Washington, DC 20423–0001. In Web page at http://www.gpoaccess.gov. with the letting of a particular contract addition, one copy of each pleading Background and also whether it more generally must be served on John K. Fiorilla, furthers the efficient and effective use of Capehart & Scatchard, P.A., 8000 Interpretation of Competition Mandate federal funds in the long run or protects Midlantic Drive, Suite 300S, Mount Traditionally, DOT has prohibited its the integrity of the competitive bidding Laurel, NJ 08054. recipients and subrecipients from using process itself.’’ Id. at 3. So long as a state Board decisions and notices are certain contracting provisions that do or local requirement serves these available on our Web site at not directly relate to the bidder’s purposes, ‘‘the Administrator may www.stb.dot.gov. performance of work in a competent and reasonably determine, consistent with Decided: March 3, 2015. responsible manner. An example of section 112, that the requirement does By the Board, Rachel D. Campbell, such provisions includes local and other not unduly limit competition, even if it Director, Office of Proceedings. geographic-based labor hiring may have the effect of reducing the Brendetta S. Jones, preferences. The DOT’s position was number of eligible bidders for a reinforced by a 1986 opinion of the particular contract.’’ Id. Clearance Clerk. Thus, DOT retains discretion under [FR Doc. 2015–05212 Filed 3–5–15; 8:45 am] OLC, which concluded that 23 U.S.C. 112 (‘‘section 112’’) obligated the the statute to evaluate whether a BILLING CODE 4915–01–P Secretary of Transportation to withhold particular State or local law or policy Federal funding from highway that has more than an incidental effect on the pool of potential bidders is DEPARTMENT OF TRANSPORTATION construction contracts that were subject to a New York City law imposing nonetheless compatible with section Office of the Secretary disadvantages on a class of responsible 112(b)(1)’s competitive bidding bidders, where the city failed to requirement. The process used to Contracting Initiative demonstrate that its departure from evaluate whether state and local competitive bidding requirements was requirements satisfy section 112 also is AGENCY: Office of the Secretary (OST), a matter of agency discretion. Id. at 17– Department of Transportation (DOT). justified by considerations of cost- effectiveness. See Compatibility of New 18 (‘‘It is for FHWA and DOT to ACTION: Notice. York City Local Law 19 with Federal determine the regulatory approach the agency should take in exercising this SUMMARY: The DOT is announcing an Highway Act Competitive Bidding Requirements, 10 Op. O.L.C. 101 (1986). discretion and in evaluating whether initiative to permit, on an experimental certain state and local requirements are basis, Federal Highway Administration However, in August 2013, at DOT’s request, the OLC provided DOT with a consistent with [section 112’s] statutory (FHWA) and Federal Transit mandates. . . .’’). Administration (FTA) recipients and memorandum opinion, clarifying its subrecipients to utilize various 1986 opinion on section 112. See Experimental Authority contracting requirements that generally Competitive Bidding Requirements In 1988, a Transportation Research have been disallowed due to concerns Under the Federal-Aid Highway Board (TRB) task force, comprised of about adverse impacts on competition. Program, 23 U.S.C. 112, (Aug. 23, 2013) representatives from all segments of the This initiative will be carried out as a (‘‘2013 opinion’’). The 2013 opinion is highway industry, was formed to pilot program for a period of 1 year available at http://www.justice.gov/olc/ evaluate Innovative Contracting (unless extended) under the FHWA and opinions. The 2013 opinion clarifies Practices. This TRB task force requested FTA’s existing authorities. The purpose that section 112 does not compel the of this pilot program is to determine DOT’s position with respect to 1 While the 2013 opinion was specific to section whether the use of such requirements contracting requirements that do not 112, which only applies to highway projects, it also ‘‘unduly limit competition,’’ as directly relate to the bidder’s is relevant in interpreting and implementing FTA’s performance of work, but rather statutory mandate under 49 U.S.C. 5325(a) that provided in an August 23, 2013, opinion broadly requires full and open competition in the from the Department of Justice’s Office provides the Secretary with discretion award of contracts utilizing financial assistance of Legal Counsel (OLC). Should DOT to permit other types of state or local from the FTA.

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that the FHWA establish a project to Pilot Program reserves the right to extend this time evaluate and validate certain findings of The DOT is interested in permitting period at its discretion. the task force regarding innovative State and local recipients of Federal FHWA contracting practices, which are financial assistance to utilize For contracts to be funded by FHWA, documented in Transportation Research contracting requirements that State and local recipients and Circular Number 386, titled, ‘‘Innovative traditionally have been prohibited on subrecipients must request prior Contracting Practices,’’ dated December the basis that they would restrict approval from the FHWA to use a 1991. In response, the FHWA initiated competition by not directly relating to specific contracting requirement under Special Experimental Project No. 14 the bidder’s performance of work. Thus, SEP–14. In order to receive SEP–14 (SEP–14) pursuant to the authority DOT is establishing a pilot program approval, States and local recipients and granted to the Secretary, which now is under the existing authorities of the subrecipients would follow the normal codified at 23 U.S.C. 502. The SEP–14 FHWA and FTA grant programs. The program strives to identify, evaluate, objective of this pilot program is to process that includes submitting work and document innovative contracting enable DOT to determine which plans to the appropriate FHWA division practices that have the potential to requirements may be used consistently office. For more information on the reduce the life cycle cost of projects, with the 2013 OLC opinion by SEP–14 process, please see: http://www. while at the same time, maintain fhwa.dot.gov/programadmin/contracts/ promoting efficiency in connection with _ product quality. Under SEP–14, the the letting of a particular contract, sep a.cfm. In developing requests to FHWA to FHWA has the flexibility to experiment furthering the efficient and effective use use contracting requirements under with innovative approaches to of federal funds in the long run, or contracting. protecting the integrity of the SEP–14, recipients and subrecipients The innovative practices originally competitive bidding process. should address, at a minimum, the approved for evaluation under SEP–14 In particular, with respect to following points: (1) Describe the project, including the were: Cost-plus-time bidding, lane procurements for which FHWA or FTA amount of FHWA funding involved in rental, design-build contracting, and funds will be used, recipients and the as well as the estimated total project warranty clauses. Forty-one States have subrecipients may request those agencies to permit the use of a particular cost. used at least one of the innovative (2) Describe the contracting contracting requirement that otherwise practices under SEP–14. Based on their requirement that may otherwise be collective experiences, FHWA decided may be found to be inconsistent with the general requirement for full and found to be inconsistent with the that cost-plus-time bidding, lane rental, general requirement for full and open and warranty clauses were techniques open competition. DOT is particularly interested in contracts for which competition. suitable for use as non-experimental, (3) Describe how they will evaluate recipients and subrecipients wish to operational practices and in 1995 these the effects of relevant contracting utilize a local or other geographic labor were made regular Federal-aid requirements on competitive bidding. In hiring preferences, economic-based procedures. Design-build contracting in doing so, the recipient or subrecipient labor hiring preferences (i.e., low- the Federal-aid highway program was should, at a minimum, provide income workers), and labor hiring conducted under SEP–14 until Congress comparisons of bids received for the preferences for veterans 2 because, in the modified section 112 in section 1307 of projects utilizing the relevant contract DOT’s view, such requirements can the Transportation Equity Act for the requirements to other projects of similar promote Ladders of Opportunity by 21st Century to permanently authorize size and scope and in the same ensuring that disadvantaged workers in the use of this contracting method. geographic area not utilizing such the communities in which the projects Additionally, the construction manager/ requirements. If a reduction in the pool are located benefit from the economic general contractor method of contracting of bidders is evident, explain the opportunities such projects present. in the Federal-aid highway program was potential offsetting benefits resulting DOT, however, will not approve originally conducted under SEP–14 from the use of the requirement. until Congress modified section 112 in projects for which recipients wish to (1) Describe and quantify how the section 1303 of the Moving Ahead for alter the requirements of the relevant contracting requirement would Progress in the 21st Century Act to Disadvantaged Business Enterprise lead to increases in the effectiveness permanently authorize the use of this Program. and efficiency of Federal funds for the This pilot program will be carried out contracting method. The SEP–14 project. program continues to be used to test and for a period of 1 year from the date of (2) Describe and quantify how the evaluate experimental contracting publication of this notice. As such, DOT experimental contracting technique practices. is only interested in contracts that will would protect the integrity of the Also, the FTA has authority under 49 be advertised during this time frame. competitive bidding process either in U.S.C. 5312 to carry out research, For any such contracts, the DOT will connection with the particular contract development, demonstration, and monitor and evaluate whether or when considered over the long term deployment projects that will improve contracting requirements that for that agency’s program. public transportation. Additionally, 49 traditionally have been prohibited on For contracts involving the use of U.S.C. 5314 authorizes FTA to carry out the basis that they would restrict local and other geographic labor hiring activities that will assist recipients of competition by not directly relating to preferences, economic-based labor assistance to administer funds received the bidder’s performance of work have hiring preferences, and/or labor hiring under Chapter 53 in compliance with an undue restriction on competition. preferences for veterans, FHWA may Federal law, including the development While DOT’s current plan is to conduct approve, at the request of the recipient of voluntary and consensus-based this pilot program for 1 year, DOT or subrecipient, the use of such standards and best practices by the requirements for a specific contract, a 2 See also 23 U.S.C. 114(d), which requires public transportation industry, recipients, to the extent practicable, to encourage specific group of, or on a more general including standards and best practices contractors to make a best faith effort to hire programmatic basis. The use of other for procurement. veterans on Federal-aid highway projects. contracting requirements may be

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approved by FHWA after coordination Administrator regarding each competition, recipients and with the DOT Office of General Counsel. application. The FTA Administrator subrecipients that plan to utilize in-state will provide a final written or local geographic labor hiring FTA determination to each applicant, on a preferences must notify their FTA For contracts to be funded by FTA rolling basis, regarding whether an Regional Office prior to advertising (including federal financial assistance application has been accepted into the contracts that use such preferences. For under any FTA formula or discretionary pilot program. in-state or local geographic hiring program), State and local recipients and For projects involving the use of local preferences proposed for inclusion in subrecipients must request prior and other geographic labor hiring contracts advertised after September 30, approval from the FTA to use a specific preferences, economic-based labor 2015, recipients and subrecipients must contracting requirement pursuant to hiring preferences, and/or labor hiring request prior approval from the FTA to FTA’s research and assistance preferences for veterans, FTA may utilize such hiring preferences through authorities discussed above. In making approve, at the request of the recipient the above-described process unless such requests, recipients and or subrecipient, the use of such provisions similar to section 418 are subrecipients must submit an requirements for a specific contract, a included in a new appropriations or re- application to their FTA Regional specific group of, or on a more general authorization act. Requests to use Office. In their application, recipients programmatic basis. The use of other requirements other than in-state or local should address, at a minimum, the contracting requirements may be geographic preferences for construction following points: approved by FTA after coordination hiring, including requirements (1) Describe the contracting with the DOT Office of General Counsel. involving the procurement of rolling opportunity, including the schedule for With respect to in-state or local stock, must request prior FTA approval the type of project and type of asset geographic labor hiring preferences, as described above. being constructed and the amount of please note that Section 418 of the FTA funding involved in the project as Consolidated and further Continuing Issued in Washington, DC, on February 24, well as the estimated total project cost. Appropriations Act, 2015, Public Law 2015. (2) Describe the contracting 113–235 (FY 2015 Appropriations Act), Anthony R. Foxx, requirement that may otherwise be prohibits FTA from using FY 2015 Secretary of Transportation. found to be inconsistent with the funds to implement, administer, or [FR Doc. 2015–05204 Filed 3–5–15; 8:45 am] general requirement for full and open enforce 49 CFR 18.36(c)(2), for BILLING CODE 4910–9X–P competition. construction hiring. Section 18.36(c)(2) (3) Describe how they will evaluate prohibits the use of statutorily or the effects of relevant contracting administratively imposed in-State or DEPARTMENT OF TRANSPORTATION requirements on competitive bidding. In local geographical preferences in the doing so, the recipient and subrecipient evaluation of bids or proposals.3 National Highway Traffic Safety should, at a minimum, provide Accordingly, for construction contracts Administration comparisons of bids received for the awarded or advertised in FY 2015, FTA [Docket No. NHTSA–2015–0013] projects utilizing the relevant contract recipients may use in-state or local requirements to other projects of similar geographic preferences for construction National Emergency Medical Services size and scope and in the same labor hiring. Additional guidance on Advisory Council (NEMSAC); Notice of geographic area not utilizing such FTA’s implementation of Section 418 Federal Advisory Committee Meeting requirements. If a reduction in the pool may be found on FTA’s Web site at of bidders is evident, explain the www.fta.dot.gov. AGENCY: National Highway Traffic potential offsetting benefits resulting As a result of the enactment of Safety Administration (NHTSA), U.S. from the use of the requirement. Section 418, recipients and Department of Transportation (DOT) (4) Describe how the relevant subrecipients do not need to submit ACTION: Meeting Notice—National contracting requirement would lead to applications for participation in the Emergency Medical Services Advisory increases in the effectiveness and pilot program for the use of in-state or Council. efficiency of Federal funds for the local geographic labor hiring project. preferences for contracts awarded or SUMMARY: The NHTSA announces a (5) Describe and quantify how the advertised on or before September 30, meeting of NEMSAC to be held in the experimental contracting technique 2015. In other words, prior FTA Metropolitan Washington, DC, area. would protect the integrity of the approval is not required to use such This notice announces the date, time, competitive bidding process either in requirements, and FTA recipients and and location of the meeting, which will connection with the particular contract subrecipients may impose such be open to the public, as well as or when considered over the long term requirements for their contracts at their opportunities for public input to the for that agency’s program. discretion. Such projects will receive NEMSAC. The purpose of NEMSAC, a An evaluation committee comprised automatic admission into the pilot nationally recognized council of of FTA staff will evaluate applications program. However, in order to assess the emergency medical services for inclusion in the pilot program. The effect of such preferences on representatives and consumers, is to evaluation committee reserves the right advise and consult with the U.S. to evaluate applications it receives and 3 Effective December 26, 2014, 49 CFR part 18 Department of Transportation (DOT) to seek clarification from any proposer will apply only to grants obligated on or before and the Federal Interagency Committee December 25, 2014. Grants obligated on or after on EMS (FICEMS) on matters relating to about any statement that is made in an December 26, 2014 will be subject to 2 CFR part application. FTA also may request 200. This provision (18.36(c)(2)) has been recodified emergency medical services (EMS). Pre- additional documentation or at 2 CFR 200.319(b) and is substantively the same registration is required to attend. information to be considered during the as 18.36(c)(2). Although Congress did not address DATES: This open meeting will be held the change in codification in section 418, FTA evaluation process. The evaluation intends to apply section 418 to grants obligated on on March 31, 2015, from 1 p.m. to 5:00 committee will provide a or after December 26, 2014 and subject to 2 CFR p.m. EDT, and on April 1, 2015 from, 9 recommendation to the FTA 200.319(b). a.m. to 12 p.m. EDT. A public comment

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period will take place on March 31, Recommendations from the following DATES: Comments must be received on 2015, at approximately 4:30 p.m. EDT NEMSAC Workgroups: or before April 6, 2015. and April 1, 2015, at approximately 10 a. NEMSAC Annual Report 2014– ADDRESSES: Comments on this a.m. EDT. Written comments from the 2015 application may be mailed or delivered public must be received no later than b. NEMSAC Process Improvement to the FAA at the following address: Mr. March 26, 2015. c. NEMSAC New-member Orientation John P. Bauer, Manager, Federal (6) Other Business of the Council ADDRESSES: The meeting will be held at (7) General Public Comment Period Aviation Administration, Northwest DOT Headquarters Building at 1200 (approximately 4:30 p.m. EDT) Mountain Region, Airports Division, New Jersey Avenue SE., Washington, Denver Airports District Office, 26805 E. DC 20590 in the Conference Center on Wednesday, April 1, 2015 (9 a.m. to 12 68th Avenue, Suite 224, Denver, the ground floor of the West building. p.m. EDT) Colorado 80249–6361. FOR FURTHER INFORMATION CONTACT: (1) Unfinished Business/Continued In addition, one copy of any Drew Dawson, Director, U.S. Discussion from Previous Day comments submitted to the FAA must Department of Transportation, Office of (2) Public Comment Period be mailed or delivered to Ms. Aubrey L. Emergency Medical Services, 1200 New (approximately 10 a.m. EDT) McGonigle, Airport Administration Jersey Avenue SE., NTI–140, (3) Adoption of NEMSAC Work Manager, Rocky Mountain Metropolitan Washington, DC 20590; telephone 202– Products Airport, Broomfield, Colorado, at the 366–9966; email [email protected]. (4) Next Steps and Adjourn following address: Ms. Aubrey L. Required Registration and Access A final agenda as well as meeting McGonigle, Airport Administration Information: This meeting will be open materials will be available to the public Manager, Rocky Mountain Metropolitan to the public, however pre-registration online through www.EMS.gov on or Airport, 11755 Airport Way, is required to comply with security before March 24, 2015. Broomfield, Colorado 80021. procedures. Government issued photo Public Comment: Members of the FOR FURTHER INFORMATION CONTACT: Mr. identification must be provided to enter public are encouraged to comment Marc Miller, Colorado Engineer/ the DOT Building and it is suggested directly to the NEMSAC. There are two Compliance Specialist, Federal Aviation that visitors arrive 20–30 minutes early public comment opportunities as Administration, Northwest Mountain in order to facilitate entry. Members of indicated above. In order to allow as Region, Denver Airports District Office, the public wishing to attend must many people as possible to speak, 26805 E. 68th Avenue, Suite 224, register online at http://events.signup4. speakers are requested to limit their Denver, Colorado 80249–6361. com/NEMSACMarch2015 no later than remarks to 5 minutes. Written The request to release property may March 26, 2015. Please be aware that comments from members of the public be reviewed, by appointment, in person visitors to DOT are subject to search and will be distributed to NEMSAC at this same location. must pass through a magnetometer. members at the meeting and should SUPPLEMENTARY INFORMATION: The FAA Weapons of any kind are strictly reach the NHTSA Office of EMS no later invites public comment on the request forbidden in the building unless than September 5, 2014. Written to release property at the Rocky authorized through the performance of comments may be submitted by either Mountain Metropolitan Airport under the official duties of your employment one of the following methods: (1) By the provisions of the AIR 21 (49 U.S.C. (i.e. law enforcement officer). email: [email protected] or (2) by fax: 47107(h)(2)). (202) 366–7149. SUPPLEMENTARY INFORMATION: Notice of On December 30, 2014, the FAA this meeting is given under the Federal Dated: March 3, 2015. determined that the request to release Advisory Committee Act, Public Law Jeffrey P. Michael, property at the Rocky Mountain 92–463, as amended (5 U.S.C. App.). Associate Administrator for Research and Metropolitan Airport submitted by The NEMSAC is authorized under Program Development. Jefferson County meets the procedural Section 31108 of the Moving Ahead [FR Doc. 2015–05281 Filed 3–5–15; 8:45 am] requirements of the Federal Aviation with Progress in the 21st Century Act of BILLING CODE 4910–59–P Administration. The FAA may approve 2012. the request, in whole or in part, no later than April 6, 2015. Tentative Agenda of National EMS DEPARTMENT OF TRANSPORTATION The following is a brief overview of Advisory Council Meeting the request: Jefferson County is The tentative agenda includes the Federal Aviation Administration proposing the release from the terms, following: conditions, reservations, and Notice of Intent To Rule on Request To restrictions on a 449 acre parcel of Tuesday, March 31, 2015 (1 p.m. to 5 Release Airport Property at the Rocky property acquired by Jefferson County p.m. EDT) Mountain Metropolitan Airport, on June 2, 1959. This property was (1) Opening Remarks by Council Chair Broomfield, Colorado transferred to the Jefferson County and Administration Officials AGENCY: Federal Aviation Airport Authority in April of 1966. With (2) Disclosure of Conflicts of Interests by Administration (FAA), DOT. the dissolution of the Airport Authority Members ACTION: Notice of request to release in 1998, this property ownership was (3) Reports of liaisons from the airport property. then transferred back to Jefferson Departments of Transportation, County, as the airport sponsor, January Homeland Security, and Health & SUMMARY: The FAA proposes to rule and 11, 1999. Elevation constraints of this Human Services invite public comment on the release of parcel compared to the Runway (4) Presentation and discussion from the land at the Rocky Mountain environment makes it unusable for Office of National Drug Control Policy Metropolitan Airport under the airport development. The property is on the use of naloxone in emergency provisions of Section 125 of the currently undeveloped vacant land. The medical services systems Wendell H. Ford Aviation Investment expected future use of the property is (5) Presentation, Discussion and Reform Act for the 21st Century (AIR for non-aviation development associated Possible Adoption of Reports and 21), now 49 U.S.C. 47107(h)(2). with the Verve Innovation Park, as well

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as the realignment of Simms Street to Comptroller of the Currency, Attention: the antifraud provisions of the Federal allow for more aviation development to 1557–0142, 400 7th Street SW., Suite securities laws. the east. The proceeds for the disposal 3E–218, Mail Stop 9W–11, Washington, The information collection of the property will be at fair market DC 20219. In addition, comments may requirements contained in 12 CFR parts value and the sponsor will utilize the be sent by fax to (571) 465–4326 or by 12 and 151 are as follows: revenue to reinvest into future airport electronic mail to regs.comments@ • 12 CFR 12.3 requires a national development. occ.treas.gov. You may personally bank effecting securities transactions for Any person may inspect, by inspect and photocopy comments at the customers to maintain records for at appointment, the request in person at OCC, 400 7th Street SW., Washington, least three years. The records required the FAA office listed above under FOR DC 20219. For security reasons, the OCC by this section must clearly and FURTHER INFORMATION CONTACT. requires that visitors make an accurately reflect the information In addition, any person may, upon appointment to inspect comments. You required and provide an adequate basis appointment and request, inspect the may do so by calling (202) 649–6700. for the audit of the information. • application, notice and other documents Upon arrival, visitors will be required to 12 CFR 151.50 requires a Federal germane to the application in person at present valid government-issued photo savings association effecting securities the Rocky Mountain Metropolitan identification and to submit to security transactions for customers to maintain Airport. screening in order to inspect and records for at least three years. 12 CFR photocopy comments. All comments 151.60 provides that the records Issued in Denver, Colorado, on February required by 12 CFR 151.50 must clearly 25, 2015. received, including attachments and other supporting materials, are part of and accurately reflect the information John P. Bauer, required and provide an adequate basis Manager, Denver Airports District Office. the public record and subject to public disclosure. Do not enclose any for audit of the information. [FR Doc. 2015–05109 Filed 3–5–15; 8:45 am] • information in your comment or 12 CFR 12.4 requires a national BILLING CODE 4910–13–P supporting materials that you consider bank to give or send to the customer a confidential or inappropriate for public written notification of the transaction or disclosure. a copy of the registered broker/dealer DEPARTMENT OF THE TREASURY confirmation relating to the transaction FOR FURTHER INFORMATION CONTACT: at or before completion of the securities Office of the Comptroller of the Mary H. Gottlieb, OCC Clearance transaction and establishes minimum Currency Officer, (202) 649–5490, for persons disclosures needed for a customer’s who are deaf or hard of hearing, TTY, securities transactions. Agency Information Collection (202) 649–5597, Legislative and • 12 CFR 151.70, 151.80 and 151.90 Activities: Information Collection Regulatory Activities Division, Office of establish the minimum disclosures Renewal; Comment Request; the Comptroller of the Currency, 400 7th required for a Federal savings Recordkeeping Requirements for Street SW., Suite 3E–218, Mail Stop association’s confirmation of a Securities Transactions 9W–11, Washington, DC 20219. customer’s securities transactions. • 12 CFR 151.90 requires a Federal AGENCY: Office of the Comptroller of the SUPPLEMENTARY INFORMATION: The OCC Currency (OCC), Treasury. is proposing to extend OMB approval of savings association to provide its customers with a written notice of each ACTION: Notice and request for comment. the following information collection: Title: Recordkeeping Requirements securities transaction, which it must SUMMARY: The OCC, as part of its for Securities Transactions—12 CFR give or send to the customer at or before continuing effort to reduce paperwork parts 12 and 151. the completion of the securities transaction. and respondent burden, invites the OMB Number: 1557–0142. • general public and other Federal 12 CFR 12.5(a), (b), (c), and (e) Description: The information describe notification procedures that a agencies to take this opportunity to collection requirements in 12 CFR parts comment on a continuing information national bank may elect to use, as an 12 and 151 are required to ensure that alternative to complying with § 12.4, to collection, as required by the Paperwork national banks and Federal savings Reduction Act of 1995 (PRA). In notify customers of transactions in associations comply with securities which the bank does not exercise accordance with the requirements of the laws and to improve the protections PRA, the OCC may not conduct or investment discretion, trust afforded to persons who purchase and transactions, agency transactions, and sponsor, and the respondent is not sell securities through these financial required to respond to, an information certain periodic plan transactions. institutions. Parts 12 and 151 establish • 12 CFR 151.100 describes collection unless it displays a currently recordkeeping and confirmation notification procedures that a Federal valid Office of Management and Budget requirements applicable to certain savings association may use, as an (OMB) control number. The OCC is securities transactions effected by alternative to complying with 12 CFR soliciting comment concerning its national banks or Federal savings 151.70, 151.80 or 151.90, for an account information collection titled, associations for customers. The in which the savings association does ‘‘Recordkeeping Requirements for transaction confirmation information not exercise investment discretion, trust Securities Transactions.’’ required by these regulations ensures transactions, agency transactions, DATES: You should submit comments by that customers receive a record of each certain periodic plan transactions, May 5, 2015. securities transaction and that financial collective investment fund transactions, ADDRESSES: Because paper mail in the institutions and the OCC have the and money market funds. Washington, DC area and at the OCC is records necessary to monitor • 12 CFR 12.7(a)(1) through (a)(3) subject to delay, commenters are compliance with securities laws and require national banks to maintain and encouraged to submit comments by regulations. The OCC uses the required adhere to policies and procedures that email, if possible. Comments may be information in the course of its assign responsibility for supervision of sent to: Legislative and Regulatory examinations to evaluate, among other employees who perform securities Activities Division, Office of the things, an institution’s compliance with trading functions, provide for the fair

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and equitable allocation of securities (b) The accuracy of the OCC’s ADDRESSES: Written comments may be and prices to accounts, and provide for estimate of the burden of the collection submitted through www.regulations.gov; crossing of buy and sell orders on a fair of information; by mail or hand-delivery to the Director, and equitable basis. (c) Ways to enhance the quality, Regulations Management (02REG), • 12 CFR 151.140 requires Federal utility, and clarity of the information to Department of Veterans Affairs, 810 savings associations to adopt written be collected; Vermont Avenue NW., Room 1068, policies and procedures dealing with (d) Ways to minimize the burden of Washington, DC, 20420; or by fax to the functions involved in effecting the collection on respondents, including (202) 273–9026. Copies of comments securities transactions on behalf of through the use of automated collection received will be available for public customers. These policies and techniques or other forms of information inspection in the Office of Regulation procedures must assign responsibility technology; and Policy and Management, Room 1063B, for the supervision of employees who (e) Estimates of capital or start-up between the hours of 8:00 a.m. and 4:30 perform securities trading functions, costs and costs of operation, p.m., Monday through Friday (except provide for the fair and equitable maintenance, and purchase of services holidays). Call (202) 461–4902 for an allocation of securities prices to to provide information. appointment (this is not a toll-free accounts, and provide for crossing of Dated: March 2, 2015. number). In addition, during the buy and sell orders on a fair and comment period, comments may be Stuart E. Feldstein, equitable basis. viewed online through the Federal • Director, Legislative and Regulatory Activities Docket Management System at http:// 12 CFR 12.7(a)(4) requires certain Division. national bank officers and employees www.regulations.gov. involved in the securities trading [FR Doc. 2015–05154 Filed 3–5–15; 8:45 am] BILLING CODE 4810–33–P FOR FURTHER INFORMATION CONTACT: Dr. process to report to the bank all Lee A. Sylvers, Technology Transfer personal transactions in securities made Specialist, Office of Research and by them or on their behalf in which they Development (10P9TT), Department of have a beneficial interest. Veterans Affairs, 810 Vermont Avenue • DEPARTMENT OF VETERANS 12 CFR 151.150 requires certain AFFAIRS NW., Washington, DC, 20420, (202) Federal savings association officers and 443–5646 (this is not a toll-free employees to report personal Notice of Intent To Grant an Exclusive number). transactions they make or that are made License on their behalf in which they have a SUPPLEMENTARY INFORMATION: It is in the beneficial interest. AGENCY: Office of Research and public interest to so license these • 12 CFR 12.8 requires a national Development, Department of Veterans inventions, as Rubicon Biotechnology, bank seeking a waiver of one or more of Affairs. LLC submitted a complete and sufficient the requirements of §§ 12.2 through 12.7 ACTION: Notice of Intent. application for a license. The to file a written request for waiver with prospective exclusive license will be the OCC. SUMMARY: Notice is hereby given that royalty-bearing and will comply with Type of Review: Regular. the Department of Veterans Affairs, the terms and conditions of 35 U.S.C. Affected Public: Individuals; Office of Research and Development, 209 and 37 CFR 404.7. Businesses or other for-profit. intends to grant to Rubicon Signing Authority Estimated Number of Respondents: Biotechnology, LLC, 26212 Dimension The Secretary of Veterans Affairs, or 399. Dr. Suite 260, Lake Forest, CA 92630, designee, approved this document and Estimated Frequency of Response: On USA, an exclusive license to practice authorized the undersigned to sign and occasion. the following: U.S. Patent Application submit the document to the Office of the Estimated Total Annual Burden: Serial No. 13/815,829 (‘‘ANTIBODY- Federal Register for publication 2,315 hours. MEDIATED TRANSDUCTION OF HEAT electronically as an official document of Comments submitted in response to SHOCK PROTEINS INTO LIVING CELLS’’), filed March 15, 2013, which the Department of Veterans Affairs. Jose this notice will be summarized and D. Riojas, Chief of Staff, approved this included in the request for OMB claimed the priority of U.S. Serial No. 61/618,594, filed March 30, 2012. document on March 2, 2015 for approval. All comments will become a publication. matter of public record. Comments are Copies of the published patent invited on: applications may be obtained from the Approved: March 3, 2015. (a) Whether the collection of U.S. Patent and Trademark Office at Michael Shores, information is necessary for the proper www.uspto.gov. Regulation Policy and Management, Office performance of the functions of the DATES: Comments must be received 15 of General Counsel. OCC, including whether the information days from the date of this published [FR Doc. 2015–05209 Filed 3–5–15; 8:45 am] has practical utility; Notice. BILLING CODE 8320–01–P

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Part II

Environmental Protection Agency

40 CFR Parts 50, 51, 52, et al. Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Requirements; Final Rule

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ENVIRONMENTAL PROTECTION Constitution Avenue NW., Washington, G. What requirements for general AGENCY DC 20004. The Public Reading Room is conformity apply to the 2008 ozone open from 8:30 a.m. to 4:30 p.m., NAAQS? 40 CFR Parts 50, 51, 52, 70, and 71 Monday through Friday, excluding legal H. What are the requirements for holidays. The telephone number for the contingency measures in the event of [EPA–HQ–OAR–2010–0885; FRL–9917–29– failure to meet a milestone or to attain? OAR] Public Reading Room is (202) 566–1744, I. How do the NSR requirements apply for and the telephone number for the Air RIN 2060–AR34 the 2008 ozone NAAQS? Docket is (202) 566–1742. J. What are the emission inventory and Implementation of the 2008 National FOR FURTHER INFORMATION CONTACT: For emission statement requirements? Ambient Air Quality Standards for further general information on this K. What are the ambient monitoring requirements? Ozone: State Implementation Plan rulemaking, contact Dr. Karl Pepple, Office of Air Quality Planning and L. How can an area qualify for a 1-year Requirements attainment deadline extension? Standards, U.S. Environmental M. How will the EPA identify whether a AGENCY: Environmental Protection Protection Agency, by phone at (206) potential rural transport area is adjacent Agency (EPA). 553–1778, or by email at pepple.karl@ to an urban area? ACTION: Final rule. epa.gov; or Mr. Butch Stackhouse, N. What are the special requirements for Office of Air Quality Planning and multi-state nonattainment areas? SUMMARY: The U.S. Environmental Standards, U.S. Environmental O. How will the EPA address interstate and Protection Agency (EPA) is establishing Protection Agency, phone number (919) international ozone transport? a final rule for implementing the 2008 54l-5208, or by email at P. How will the CAA section 182(f) NOX ozone national ambient air quality [email protected]. provisions be handled? standards (NAAQS) (the ‘‘2008 ozone Q. Emissions Reduction Benefits of Energy NAAQS’’) that were promulgated on SUPPLEMENTARY INFORMATION: Efficiency/Renewable Energy Policies March 12, 2008. This final rule I. General Information and Programs, Land Use Planning and addresses a range of nonattainment area Travel Efficiency state implementation plan (SIP) A. Does this action apply to me? R. Efforts to Encourage a Multi-pollutant Approach When Developing 2008 Ozone requirements for the 2008 ozone Entities potentially affected directly SIPs NAAQS, including requirements by this final rule include state, local and S. What are the requirements for the Ozone pertaining to attainment tribal governments. Entities potentially Transport Region (OTR)? demonstrations, reasonable further affected indirectly by this final rule T. Are there any additional requirements progress (RFP), reasonably available include owners and operators of sources related to enforcement and compliance? control technology (RACT), reasonably of emissions [volatile organic U. What are the requirements for available control measures (RACM), compounds (VOCs) and nitrogen oxides addressing emergency episodes? major new source review (NSR), (NO )] that contribute to ground-level V. How does the ‘‘Clean Data Policy’’ apply X to the 2008 ozone NAAQS? emission inventories, and the timing of ozone formation. SIP submissions and of compliance with W. How does this final rule apply to tribes? B. Where can I get a copy of this X. What collaborative program has the EPA emission control measures in the SIP. implemented for the 2008 ozone Other issues also addressed in this final document and other related information? NAAQS? rule are the revocation of the 1997 IV. What are the anti-backsliding ozone NAAQS and anti-backsliding In addition to being available in the requirements for the revoked 1997 ozone requirements that apply when the 1997 docket, an electronic copy of this notice NAAQS? ozone NAAQS are revoked. If the will be posted at http://www.epa.gov/ A. What is the effective date of the primary or secondary ozone NAAQS are air/ozonepollution/actions.html#impl revocation of the 1997 ozone NAAQS? revised in the future, the EPA expects under ‘‘recent actions.’’ B. What are the applicable requirements for that this rule will help facilitate anti-backsliding purposes following the implementation of any new standards. C. How is this notice organized? revocation of the 1997 ozone NAAQS? C. Application of Transition Requirements DATES: This final rule is effective on The information presented in this to Nonattainment and Attainment Areas April 6, 2015. notice is organized as follows: D. Satisfaction of Anti-backsliding ADDRESSES: The EPA has established a I. General Information Requirements for an Area docket for this action under Docket ID A. Does this action apply to me? E. How will the EPA’s determination of No. EPA–HQ–OAR–2011–0885. All B. Where can I get a copy of this document attainment (‘‘Clean Data’’) regulation documents in the docket are listed in and other related information? apply for purposes of the anti- http://www.regulations.gov. Although C. How is this notice organized? backsliding requirements? F. What is the relationship between listed in the index, some information is II. Background III. What are the SIP requirements for the implementation of the 2008 ozone not publicly available, i.e., confidential 2008 ozone NAAQS? NAAQS and the CAA title V permits business information (CBI) or other A. What are the applicable deadlines for program? information whose disclosure is nonattainment areas under the 2008 V. Environmental Justice Considerations restricted by statute. Certain other ozone NAAQS? VI. Statutory and Executive Order Reviews material, such as copyrighted material, B. What are the requirements for modeling A. Executive Order 12866: Regulatory is not placed on the Internet and will be and attainment demonstration SIPs? Planning and Review and Executive publicly available only in hard copy C. What are the RFP requirements for the Order 13563: Improving Regulation and form. Publicly available docket 2008 ozone NAAQS? Regulatory Review materials are available either D. How do RACT and RACM requirements B. Paperwork Reduction Act apply for 2008 ozone NAAQS C. Regulatory Flexibility Act electronically in http:// nonattainment areas? D. Unfunded Mandates Reform Act www.regulations.gov or in hard copy at E. Does the 2008 ozone NAAQS result in E. Executive Order 13132: Federalism the EPA Docket Center, Room Number any new vehicle I/M programs? F. Executive Order 13175: Consultation 3334 in the EPA William Jefferson F. How does transportation conformity and Coordination With Indian Tribal Clinton West Building, located at 1301 apply to the 2008 ozone NAAQS? Governments

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G. Executive Order 13045: Protection of revisions to a NAAQS indicate that and establishing anti-backsliding Children From Environmental Health additional regulations or guidance (or requirements for areas that remain and Safety Risks revisions to existing regulations or designated nonattainment for the H. Executive Order 13211: Actions guidance) may be helpful, the EPA revoked NAAQS. Concerning Regulations That endeavors to provide those regulations Regarding the format of the following Significantly Affect Energy Supply, Distribution, or Use and guidance to facilitate preparation of sections of this preamble, on topics I. National Technology Transfer and SIPs. It is important to note, however, where we proposed an action, we Advancement Act that the existing EPA regulations in 40 include detailed information about what J. Executive Order 12898: Federal Actions CFR part 51 applicable to SIPs generally we proposed, what we are finalizing and To Address Environmental Justice in and to particular pollutants continue to our rationale, as well as responses to Minority Populations and Low-Income apply even without such updates. This significant comments. With topics Populations rule revises existing regulations and where we did not propose any action, K. Congressional Review Act guidance as appropriate to aid in the we provide guidance on that topic in the L. Determination Under CAA Section implementation of the 2008 ozone preamble. For a comprehensive look at 307(d) M. Judicial Review NAAQS. all comments received and responses to Appendix A to Preamble—Glossary of Terms Promulgation of a NAAQS triggers a those comments, please refer to the and Acronyms requirement for the EPA to designate Response to Comment document in the Appendix B to Preamble—List of Areas areas as nonattainment, attainment, or docket. Nonattainment for the 2008 Ozone unclassifiable, and to classify the areas NAAQS in Addition to a Prior Ozone at the time of designation. The EPA has III. What are the SIP requirements for NAAQS already completed area designations the 2008 ozone NAAQS? Statutory Authority and associated classifications for the A. What are the applicable deadlines for List of Subjects 2008 NAAQS, and they were effective nonattainment areas under the 2008 July 20, 2012 (May 21, 2012; 77 FR ozone NAAQS? II. Background 30088). The EPA also issued a On March 12, 2008,1 the EPA Classifications Rule at the same time 1. What is the deadline for submitting announced revisions to the primary and which established air quality thresholds nonattainment area SIP revisions for the secondary NAAQS for ozone to a level for each nonattainment classification 2008 ozone NAAQS? of 0.075 parts per million (ppm) (annual (May 21, 2012; 77 FR 30160). a. Summary of the Proposal The EPA also undertook notice and fourth-highest daily maximum 8-hour For purposes of the 2008 ozone 2 comment rulemaking on the CAA concentration, averaged over 3 years). NAAQS, the EPA proposed two nonattainment area provisions as they Since the 2008 primary and secondary alternatives regarding the deadlines for apply to the 2008 ozone NAAQS and NAAQS for ozone are identical, for submitting the various elements of an appropriate rules to implement those convenience, we refer to both as ‘‘the ozone nonattainment area SIP, provisions, which is complete with this 2008 ozone NAAQS’’ or ‘‘the 2008 including emission inventories, RACT final rule. The public comment period ozone standards.’’ The 2008 ozone SIPs and emission statement SIPs, on the June 6, 2013, notice of proposed NAAQS retains the same general form Ozone Transport Region (OTR) RACT, rulemaking (NPRM) (78 FR 34178) for and averaging time as the 0.08 ppm 15 percent rate-of-progress (ROP) plans the SIP Requirements Rule ran from NAAQS set in 1997, but is set at a more and Moderate area attainment June 6, 2013, to September 4, 2013. The stringent level. demonstrations, and the 3 percent per EPA received 54 comment submissions When the EPA revises a NAAQS for year RFP plans and attainment on the NPRM. The preamble to this final a particular criteria pollutant, it demonstrations for Serious and higher rule discusses the comments received considers the extent to which existing areas. The two proposed alternatives for and how they were considered by the EPA regulations and guidance are SIP due dates were (1) the period of EPA in general terms. The Response to sufficient to implement the standard time provided by CAA section 182, and Comments document provides more and whether any revisions or updates to (2) a state’s choice of either submitting detailed responses to the comments those regulations and guidance would all elements in accordance with the received. The public comments received be helpful or appropriate in facilitating timeframe provided by CAA section 182 on the NPRM and the EPA’s Response the implementation of the revised or submitting all elements under a to Comment document are posted in the standard by states, tribes, and local consolidated approach, no later than 30 docket at www.regulations.gov (Docket agencies. The Clean Air Act (CAA or months after the effective date of Act) does not require that the EPA ID No. EPA–HQ–OAR–2011–0885). We are taking multiple actions in this designation. The consolidated SIP promulgate new implementing approach would provide more time for regulations every time that a NAAQS is rule pertaining to submittal deadlines and specific CAA requirements for the some SIPs, and less time for others. revised. Likewise, the CAA does not The EPA also proposed a timeframe, require the issuance of additional content of SIPs for the 2008 ozone NAAQS. As a general matter, this final for Serious and higher areas, of 4 years implementing regulations or guidance for states to develop their attainment by the EPA before a revised NAAQS rule follows the same basic principles and approach that the EPA applied to demonstrations and 3 percent per year becomes effective. The plain language of RFP plans. This was a proposed change the CAA and existing EPA regulations interpreting the CAA’s part D, subpart 2 ozone nonattainment area requirements from the approach used in the may be sufficient in many cases to implementation of the 1997 ozone enable the EPA and the states to begin in the EPA’s development of the implementation rules for the 1997 ozone NAAQS, but is consistent with the working together to implement a revised timeframe allowed under CAA section NAAQS. However, where the nature of NAAQS.3 Additionally, we are revoking the 1997 ozone NAAQS for all purposes 182. Additionally, the EPA requested 1 See 73 FR 16436. 2 For a detailed explanation of the calculation of 3 See the Phase 1 (69 FR 23951, April 30, 2004) comment on its proposal to align the the 3-year 8-hour average, see 40 CFR part 50, and Phase 2 (70 FR 71612, November 29, 2005) due date of the vehicle inspection and Appendix I. Rules. maintenance (I/M) program SIP with the

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due date of the attainment submissions with a deadline of no later same region, the timing of the large- demonstration SIP so that both are due than the due date for submitting the scale interstate transport modeling at the same time. This was similarly a area’s attainment demonstration SIP. underway at the time, and the option of proposed change from the current I/M The EPA is also finalizing the due coordinated planning with the similarly SIP deadline for ozone nonattainment date of the CAA section 185 penalty fee timed PM2.5 SIPs) are not generally areas (1 year after the effective date of program SIPs from areas initially circumstances faced currently by the designation and classification under a classified as Severe or Extreme for the Serious and higher areas. Thus, the EPA revised ozone standard). 2008 ozone NAAQS as 10 years from the concludes that it is not appropriate to We proposed that states with areas effective date of designations. For areas shorten the time period allowed by the initially classified as Severe or Extreme that are reclassified to Severe or Act to submit these SIPs. for the 2008 ozone NAAQS would be Extreme after the original 2008 Regarding the alignment of due dates required to submit a CAA section 185 designations and classifications, the for attainment demonstration SIPs and SIP no later than 10 years after the EPA will establish an appropriate fee vehicle I/M program SIPs, the EPA effective date of designation and program SIP submission deadline as believes this allows the best use of state classification for the 2008 ozone part of the reclassification action. resources. Areas need to determine NAAQS. We note that in the proposed SIP together the total amount of emissions Finally, the EPA proposed that all SIP Requirements Rule, the EPA did not reductions needed for attainment and due date timeframes would run from the include a specific due date for the amount of emissions reductions to effective date of nonattainment nonattainment NSR SIPs for the 2008 achieve from different sectors and designations for the 2008 ozone ozone NAAQS. This final rule includes strategies (including vehicle I/M), before NAAQS. a due date of 3 years from the effective designing a vehicle I/M program capable b. Final Action date of designation for states with of achieving the necessary reductions to nonattainment areas for the 2008 ozone demonstrate attainment. Requiring We are finalizing the approach that NAAQS to submit their nonattainment submittal of a vehicle I/M program in the SIP elements listed in the proposal NSR SIPs as a logical outgrowth of the advance of an attainment demonstration are due based on the timeframes proposed rule and the comments for the current or future ozone standard provided in CAA section 182. That is, submitted. Additional discussion of this could result in significant unnecessary states with areas designated due date and our rationale for that date work on modeling and SIP revisions if nonattainment have 2 years from the are provided in the following Comments revisions to the vehicle I/M program are effective date of nonattainment and Responses section, which discusses later deemed necessary to integrate with designation 4 to submit emission NSR requirements in greater detail. the overall attainment strategy. inventories (required by CAA section As proposed, the EPA is finalizing Although no new vehicle I/M programs 182(a)(1)), RACT SIPs (CAA section that these various SIP due dates are are required under the initial 182(b)(2)) and emission statement SIPs 5 established based on the effective date designations and classifications for the (CAA section 182(a)(3)(B)); 3 years to of designations for the 2008 ozone 2008 ozone NAAQS, this change will submit 15 percent ROP plans (CAA NAAQS. For areas initially designated apply to any current Marginal areas that section 182(b)(1)) and Moderate area nonattainment, this effective date was may be required to adopt vehicle I/M as attainment demonstrations (CAA July 20, 2012.8 a result of missing an attainment section 182(b)(1)); and 4 years to submit deadline and being reclassified to a c. Rationale 3 percent per year 6 RFP plans (CAA higher nonattainment classification in section 182(c)(2)) and attainment After considering comments the future. demonstrations (CAA section 182(c)(2)) questioning the legal supportability of We believe the submittal date for the for Serious and higher areas. This the consolidated approach, the EPA has CAA section 185 penalty fee program approach conforms to the manner in concluded that we do not have a SIPs is consistent with section 182(d)(3) which the 1997 ozone NAAQS was sufficient statutory basis to provide this of the CAA, which provided slightly implemented, with the exception of the flexibility.9 Therefore, the EPA is more than 10 years for submission of the 4th year provided to areas classified finalizing the approach that the various fee program SIP revision for areas Serious and higher to develop SIP elements are due based on the designated as nonattainment and attainment demonstration SIPs for the timeframes provided in CAA section classified as Severe or Extreme by 2008 ozone NAAQS. Additionally, we 182. operation of law in 1990 for the 1-hour note that OTR states that owe SIPs due When implementing the 1997 ozone ozone NAAQS. to CAA section 184 must meet the same NAAQS, the EPA provided areas The EPA has historically based the SIP due dates listed previously. classified as Serious and higher only 3 due date of the SIPs discussed The EPA is also finalizing the years to develop and submit attainment previously from the effective date of alignment of the vehicle I/M program demonstration SIPs. The EPA is now designations and sees no reason to SIP due date with the due date for the providing the maximum of 4 years to depart from that practice here. attainment demonstration SIP for the develop and submit these SIPs, d. Comments and Responses area. This will be achieved by revising consistent with the CAA. The policy 40 CFR 51.372(b)(2) of the vehicle I/M reasons that existed at the time the Comment: Several commenters rule 7 to replace the current 1-year Phase 2 rule was developed (i.e., the supported the idea of a consolidated SIP deadline for vehicle I/M program SIP need for timing consistency between submittal, but thought that the 30 subpart 1 and subpart 2 areas within the months provided in the proposal for the 4 The effective date of designations was July 20, consolidated submittal was not 2012. See 77 FR 30088. 8 See 77 FR 30088, May 21, 2012; and 77 FR sufficient to entice any states to take 5 See section III.J.2 of this rule for additional 34221, June 11, 2012. advantage of the option. Many information on emission statements. 9 The EPA believes that the recent ruling by the commenters expressed a concern that 6 Typically submitted in 3-year increments, thus D.C. Circuit Court on the Classifications Rule (77 FR as 9 percent RFP plans that produce average 30160, May 21, 2012) impacts the level of flexibility the EPA did not have a sufficiently firm reductions of 3 percent per year. EPA is able to provide regarding SIP due dates. See legal basis to allow states to delay any 7 See 71 FR 17705, April 7, 2006. NRDC v. EPA (D.C. Cir. No. 12–1321, Dec 23, 2014). of the required SIP submissions beyond

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the timeframes provided in the statute, clearly establish the associated due nonattainment NSR SIP. While the EPA nor to require early submittal of any dates for nonattainment NSR SIP did not propose a date on which states SIPs. submittals. must submit for the agency’s approval Response: The EPA proposed the Response: The commenter is correct the required nonattainment NSR SIP, consolidated approach in an attempt to that the discussion of SIP submittal stakeholders could have anticipated that provide flexibility and a potential deadlines in the proposed SIP we would continue our prior practice burden reduction option to states. After Requirements Rule did not include the unless we proposed to take a different considering the comments questioning date on which states must submit for the course. In this rule, we are continuing the legal supportability of this approach, EPA’s approval the required our prior practice, as reflected in the we concluded that at this time we do nonattainment NSR SIP applicable to Phase 2 rule for the 1997 ozone NAAQS, not have a sufficient basis to support the 2008 ozone NAAQS. This final rule of including a deadline of 3 years from this flexibility. Thus, we are not includes a deadline of 3 years from the the date of designation for states to finalizing the consolidated approach. date of designation for states to submit submit their nonattainment NSR Comment: One commenter disagreed their nonattainment NSR program SIPs program SIPs. with the EPA’s proposal that the SIP for the 2008 ozone NAAQS. This date is submittal due dates in subpart 2 should consistent with the submittal date that 2. What are the attainment dates for the run from the effective date of the EPA provided states to develop an 2008 ozone NAAQS? designations. The commenter believed approvable nonattainment NSR program a. Background that the SIP due dates must run from the for the 1997 ozone NAAQS in the Phase date the designations are signed. 2 Rule, and is consistent with CAA For purposes of the 2008 ozone Response: We disagree with the section 172(b), which states that the NAAQS, the EPA proposed two options commenter that the CAA mandates the EPA shall establish a date no later than for establishing the maximum SIP submittal due dates in subpart 2 3 years from the date of the attainment dates for areas in each must run from the date the designations nonattainment designation.10 nonattainment classification in its are signed instead of the effective date Consequently, the EPA does not believe separate Classifications Rule issued on of designations. The EPA believes that it has discretion to set a date longer than May 21, 2012.12 Under the first option, its historic practice of establishing SIP 3 years, and also concludes that states the attainment dates would be the due dates that run from the effective may need up to 3 years to develop and precise number of years specified in dates of designations, as it did for the submit any necessary SIPs. Table 1 with such time period running 1997 ozone NAAQS, is appropriate and In the Phase 2 Rule, we indicated that from the effective date of designation. legally supportable. Therefore, we are the 3-year SIP deadline facilitates Under the second option, the attainment not deviating from this practice. coordination of NSR program changes dates would be December 31 of the year Comment: Two commenters with the submission of the attainment that is the specified number of years in supported the EPA’s proposal to align plan, which was also due within 3 Table 1 after designation. The first the vehicle I/M program SIP and years. We recognize that CAA section option was the same approach we took attainment SIP deadlines, while two 182(a)(2)(C)(i), under the heading for the 1997 NAAQS, where we would other commenters stated that any ‘‘Corrections to the State interpret ‘‘year’’ in the subpart 2 change to the vehicle I/M program SIP implementation plans—Permit classification table to mean consecutive deadline needs to be consistent with the programs’’ contains a requirement for 365-day periods,13 and we would deadlines prescribed in the CAA and states to submit NSR SIP revisions to substitute ‘‘after the effective date of not delay implementation of required meet the requirements of CAA sections designation’’ for the ‘‘after November I/M programs. 172(c)(5) and 173 within 2 years after 15, 1990’’ language in the subpart 2 Response: The EPA’s decision to align the date of enactment of the 1990 CAA classification table. Under this approach the I/M SIP submittal deadline with the Amendments. As explained in our the attainment deadline would fall a deadline for submitting the attainment Phase 2 rulemaking, we believe the precise number of years after the demonstration will not impact the submission of NSR SIPs due on effective date of designation. emission reductions achieved through November 15, 1992, fulfilled this CAA Specifically, the initial area the vehicle I/M program requirement requirement.11 Accordingly, we do not designations for the 2008 ozone NAAQS because we are not changing the believe that the 2-year deadline became effective on July 20, 2012, and deadline by which affected areas must contained in CAA section 182(a)(2)(C)(i) the attainment dates would run from begin testing and repairing vehicles. applies to subsequent NSR SIPs for July 20, 2012, such that the 3-year Further, the EPA believes that it must, revised ozone standards, including the attainment deadline for Marginal areas of necessity, provide a reasonable nonattainment NSR SIPs for would be July 20, 2015. interpretation of the CAA’s vehicle I/M implementing the 8-hour ozone For the second option, which the EPA program SIP submission deadline NAAQS. In addition, we note that while promulgated in the final May 2012 because the Act’s basic vehicle I/M CAA section 182 specifies the offset Classification Rule (77 FR 30160), the program SIP submission requirement of ratios or major source thresholds to be attainment date would be specified as a ‘‘immediately upon enactment’’ of the included in the revised NSR SIP, it is certain number of years from the end of CAA is impossible to meet. Lastly, given silent as to the SIP submission deadline the calendar year in which an area’s the degree to which the overall (see, e.g., CAA section 182(a)(4), CAA nonattainment designation is effective. attainment demonstration will rely on section 182(b)(5) and CAA section In other words, since the effective date emission reductions derived from 182(c)). Given this gap in CAA section of designations for the 2008 ozone vehicle I/M, it is reasonable and cost- 182, we believe it is reasonable to look NAAQS is July 20, 2012, the 3-year effective to allow states to coordinate to CAA section 172(b) in establishing a these two planning requirements. deadline for submission of the Comment: One commenter noted that 12 See the proposal (77 FR 8197; February 14, 2012) and the final (77 FR 30160; May 21, 2012) the proposal was silent about the due 10 See 70 FR 71612 at 71672 and 71683 Classifications Rule for the 2008 ozone NAAQS. date of the nonattainment NSR SIP. The (November 29, 2005). 13 Except in the case of a leap year, where the year commenter stated that the EPA should 11 Ibid. would be a rolling 366 day period.

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attainment deadline for Marginal areas attainment dates for nonattainment years from the effective date of an area’s would be December 31, 2015. areas in each classification under the designation, based on photochemical The end of calendar year attainment 2008 NAAQS based on the July 20, modeling or another equivalent date in the May 2012 Classifications 2012, effective date are as follows: analytical method that is determined to Rule was challenged in NRDC v. EPA Marginal—3 years from effective date of be at least as effective as that which is (D.C. Cir. No. 12–1321). On December designation; Moderate—6 years from required under the Act for Serious and 23, 2014, the U.S. Court of Appeals for effective date of designation; Serious— above areas and multi-state the District of Columbia Circuit issued 9 years from effective date of nonattainment areas.17 This is the same an opinion holding that the EPA’s designation; Severe—15 years (or 17 approach used in the implementation decision to run the attainment periods years) from effective date of designation; rules for the 1997 ozone NAAQS. 40 from the end of the calendar year in and Extreme—20 years from effective CFR 51.908(c). which areas were designated was date of designation. In addition to being b. Final Action and Rationale unreasonable. While recognizing that consistent with the court decision, this there is a ‘‘gap’’ in the statute since the outcome was supported by several The EPA is finalizing requirements for CAA runs the attainment periods from commenters on the EPA’s February 2012 Moderate areas as proposed. The EPA the date of enactment of the CAA proposed Classifications Rule (77 FR continues to believe the requirements Amendments of 1990, the Court 8197, February 14, 2012). These for Moderate areas are reasonable, concluded that nothing in the statute or supporting commenters believed this primarily because photochemical congressional intent authorized the EPA outcome to be a plain reading of the modeling is generally available and to establish the attainment dates for CAA, and less likely to result in further reasonable to employ. However, this designated ozone nonattainment areas delays in implementing controls in requirement also explicitly allows for as December 31st of the relevant nonattainment areas (see 77 FR 30160 at alternative analytical methods to be calendar years, but rather that such 30166, May 21, 2012). substituted for or used to supplement a deadlines are more appropriately photochemical modeling-based calculated as annual periods running B. What are the requirements for assessment of an emissions control from the date of designation and modeling and attainment demonstration strategy. Any alternative analysis should classification as the EPA had done in SIPs? be based on technically credible past ozone implementation rules. 1. Marginal Areas methods and provide for the timely submittal of the attainment Under CAA section 182(a), Marginal b. Action on Attainment Dates demonstration and implementation of areas have up to 3 years from the To provide clarity to states after the SIP controls. States should review the effective date of designation to attain the DC Circuit court decision, the EPA is EPA modeling guidance 18 and consult NAAQS, and are not required to submit modifying 40 CFR 51.1103 consistent their appropriate EPA Regional Office an attainment demonstration SIP. The with that decision to establish before proceeding with alternative EPA offers assistance to states as they attainment dates that run from the analyses. effective date of designation, i.e., July consider the most appropriate course of 20, 2012.14 This is the same approach action for Marginal areas that may be at c. Comments and Responses the EPA used in past ozone risk of failing to meet the NAAQS Comment: Some commenters believed implementation rules and the approach within the applicable 3 year timeframe. that the EPA exceeds its authority to the court indicated was consistent with States can choose to adopt additional require states with Moderate Congressional intent.15 The maximum controls for such areas or they can seek nonattainment areas to use a voluntary reclassification to a higher photochemical modeling and thus, 14 We are finalizing this approach without classification category. The EPA undermines states’ discretionary options additional notice-and-comment. As noted, we took believes that voluntary reclassification allowed under the statute. comment in the original proposal on two for areas that are not likely to attain by Response: The EPA disagrees with the approaches: The option we promulgated and which their attainment date is an appropriate the court rejected, and the option we are commenters and believes that we have promulgating here. Moreover, the court decision action that will facilitate focus on the authority to require states to use strongly indicates that the approach we are developing the attainment plans appropriate modeling to predict the promulgating here is the only approach that is required of Moderate and above areas. effect of emissions on air quality of any consistent with Congressional intent. In light of the need for certainty for the states and regulated 2. Moderate Areas NAAQS as we did for the 1997 ozone parties, the fact that we previously solicited NAAQS. CAA section 182(c)(2)(A) comment on the approach we are adopting here, a. Summary of the Proposal contains specific requirements for states and the limited discretion the court believes EPA has been provided under the Act, we believe The EPA proposed to continue to to use photochemical modeling or additional comment is unnecessary and contrary to require states with an area classified as another similarly effective equivalent the public interest. Moderate to submit an attainment modeling method in their SIPs for 15 We note that during the comment period on the demonstration,16 due no later than 3 May 2012 rule establishing the attainment dates, a later than the outside attainment date for the area’s few commenters claimed that the attainment period 16 classification; and (4) a RACM analysis to should run from the time the designations actions An attainment demonstration consists of: (1) determine whether any additional RACM measures were signed by the Administrator rather than the Technical analyses, such as base year and future could advance attainment by 1 year. effective date of designation. In the final May 2012 year modeling of emissions which identifies 17 rule, we responded to this comment explaining why sources and quantifies emissions from those sources State plans for single nonattainment areas that we believed the arguments the commenters raised that are contributing to nonattainment; (2) analyses include more than one state (multi-state were not supported by the statute. Regardless we of future year emissions reductions and air quality nonattainment areas) are also required to have note that whether the attainment date runs from the improvement resulting from existing (i.e., already- photochemical modeling (see CAA section date of signature or the effective date of designation, adopted or ‘‘on the books’’) national, regional and 182(j)(1)(B)). the attainment year will be the same, as an local programs, and potential new local measures 18 The modeling guidance can be found in the attainment showing is based on the most recent needed for attainment, including RACM and RACT EPA’s ‘‘Guidance on the Use of Models and Other three full years of ozone data available. Thus, for for the area; (3) a list of adopted measures Analyses for Demonstrating Attainment of Air example, under either approach, the relevant years (including RACT) with schedules for Quality Goals for Ozone, PM2.5, and Regional for demonstrating attainment for a Marginal area implementation and other means and techniques Haze,’’ at the following Web site: http:// will be 2012–2014 and for a Moderate area, 2015– necessary and appropriate for demonstrating www.epa.gov/scram001/guidance/guide/final-03- 2017. attainment as expeditiously as practicable but no pm-rh-guidance.pdf.

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Serious and above nonattainment areas. finalizing the attainment demonstration the CAA and previous implementation Additionally, CAA section submittal dates as proposed; up to 3 rules, states with areas classified as 182(b)(1)(A)(i) requires RFP plans for years from the effective date of Serious and higher are required to Moderate areas to provide for such designation for Moderate areas and up submit attainment demonstrations specific annual reductions in emissions to 4 years from the effective date of within 4 years of the effective date of of VOC and NOX as necessary to attain designation for Serious and above areas. designation, based on photochemical the NAAQS by the applicable Comment: One commenter stated that modeling or an alternative analytical attainment date. The EPA has there are now a number of rural areas method determined by the interpreted this as a requirement for in the country with wintertime ozone Administrator to be at least as effective. Moderate areas to submit an attainment attainment issues, and recommended demonstration. Since photochemical that the EPA exempt rural wintertime 4. What guidance is there for using modeling is the most scientifically ozone nonattainment areas from this models to demonstrate attainment? rigorous technique to determine NOX requirement because a wintertime The procedures for modeling ozone as and/or VOC emissions reductions photochemical grid model or proven part of an attainment demonstration are needed to show attainment of the alternative analytical method has not well developed and described in the NAAQS and is readily available, we are been developed. The commenter argued EPA’s ‘‘Guidance on the Use of Models requiring photochemical modeling (or a that it is the EPA’s responsibility to and Other Analyses for Demonstrating similarly effective equivalent modeling develop and test models that can be Attainment of Air Quality Goals for used consistently across the nation. 19 method) for all attainment Ozone, PM2.5, and Regional Haze.’’ demonstrations (including Moderate Response: The EPA recognizes that This guidance document, as it currently areas). The authority for this the causes of rural wintertime ozone exists, can be used by states for requirement for Moderate areas is exceedances are different than typical purposes of developing attainment derived from CAA section 110(a)(2)(k), summer exceedances. However, the demonstration SIPs for the 2008 ozone CAA does not distinguish between which gives the Administrator the NAAQS. authority to require air quality modeling summer and winter ozone areas. Areas Commenters requested that the EPA for the purpose of predicting the effect with wintertime violations are update its modeling guidance pertinent on ambient air quality of emissions of designated as nonattainment based on to ozone and that it be made available any air pollutant for which there is an the same classification thresholds as all in advance of SIP submission deadlines. established NAAQS. other nonattainment areas. They Comment: One commenter stated that therefore must meet all of the The EPA agrees with this comment and allowing up to 3 years to submit an appropriate CAA requirements for their is therefore currently updating the attainment demonstration is not particular nonattainment classification. modeling guidance, and we intend to sufficient time to allow for the Nonattainment areas classified as issue the updated guidance prior to the emissions inventory development and Moderate and above, even those that attainment demonstration SIP modeling required for an attainment may experience wintertime ozone deadlines. demonstration. The commenter wanted problems, are required to submit an 5. Capturing High Emissions Days in the EPA to allow ‘‘the original four year attainment demonstration. However, Inventories timeline’’ to submit attainment there is flexibility in determining demonstrations. analytical methods to be used in In the proposed SIP Requirements Response: CAA Section 182 contains developing the demonstration. The EPA Rule, the EPA did not propose changes two attainment demonstration submittal will consider the nature of the ozone to modeling requirements for modeling dates that depend on an area’s problem in reviewing available models high emissions days. The current classification. For Moderate areas, CAA and potential alternative methods for modeling guidance addresses, among section 182(b)(1)(A) requires a plan demonstrating attainment. There is also many other considerations, episode within 3 years of the designation date. ongoing research that has successfully selection and accounting for variability For Serious and above areas, CAA identified enhancements in modeling in emissions and meteorology. section 182(c)(2) requires a plan within science which have improved The EPA recognizes that there are 4 years of the designation date. In the photochemical model performance in time periods with relatively higher NOX Phase 2 Rule, 70 FR 71612, at 71639, the wintertime ozone situations. Some of emissions from electric utilities during EPA required all attainment these science updates may be available high energy demand periods, i.e., High demonstrations to be submitted within for states to use in their attainment Electricity Demand Days (HEDD). Since 3 years of designation. However, for this demonstrations by the time modeling is NOX emissions from electric power rule, the EPA proposed to allow the needed for areas with wintertime ozone generation are a significant contributor original CAA deadlines of up to 3 years problems. to the total NOX emissions for many for Moderate areas and up to 4 years for 3. Serious and Above Areas ozone nonattainment areas, states that Serious areas, 78 FR 34178, at 34183. experience these situations should While the EPA agrees that the For Serious and higher-classified ensure that these emissions are included development of emissions inventories areas, CAA section 182(c)(2)(A) states in photochemical modeling of episode and modeling for attainment that attainment demonstrations must be days on which the HEDD situations demonstrations can be a lengthy submitted within 4 years of the occurs. In order to properly account for process, the statute does not allow for designation date and be based on HEDD emissions in the modeling, more than 3 years for a Moderate area photochemical grid modeling or an careful attention should be paid to the attainment demonstration. However, equivalent effective method. We temporalization of emissions to the since the statute does allow up to 4 continue to believe that photochemical specific day and hour of the day when years to submit a Serious (and above) modeling is the most technically these emissions occur. We note that the area attainment demonstration, in this credible method of estimating future rule we are allowing the maximum year ozone concentrations based on 19 The modeling guidance can be found at the amount of time provided by the statute projected VOC and NOX precursor following Web site: http://www.epa.gov/scram001/ for such areas. Therefore, the EPA is emissions. Therefore, consistent with guidance/guide/final-03-pm-rh-guidance.pdf.

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EPA’s current modeling guidance 20 recommends application of an Because an area must attain ‘‘as already addresses episode selection and attainment test to be performed in expeditiously as practicable,’’ additional development of accurate emissions unmonitored areas. The recommended considerations are necessary before a input information during peak ozone attainment test methodology for future attainment date can be periods. Some commenters urged the unmonitored areas has been used in 8- established. For example, although the EPA to update the current modeling hour ozone SIPs developed for the 1997 latest attainment date under the CAA for guidance. The EPA is in the process of ozone NAAQS. To make it easier for a Moderate area designated in 2012 updating the current modeling guidance states to apply the attainment tests, both would be 6 years after the effective date and intends to more specifically address the monitor-based test and the of designation, July 20, 2018, under the modeling of HEDD in that guidance. unmonitored area test have been Classifications Rule, see NRDC v. EPA, The EPA did not propose changes in incorporated in a software package the state would need to conduct an this rule to the emission inventory called the ‘‘Modeled Attainment Test analysis of reasonably available control requirements for capturing high Software’’ (MATS). The MATS is measures (RACM) (CAA section emissions days but received many available for no charge at: http:// 172(c)(1)) to determine if it can advance comments on the rule requirements that www.epa.gov/scram001/modelingapps_ the area’s attainment date by at least a should have been directed to EPA mats.htm. year.23 Results of the RACM analysis guidance documents under may indicate attainment can be development for ozone emission 7. What future year(s) should be modeled in attainment demonstrations? achieved earlier through inventories (see section III.J of this implementation of reasonably available preamble). They will be considered a. Summary of the Proposal control measures prior to July 20 of an when these guidance documents are The EPA proposed that for the 2008 earlier year. For instance, if emission reviewed. The EPA does address the ozone NAAQS, control measures relied reductions sufficient to demonstrate comments referring to the emission upon to demonstrate attainment should attainment are implemented prior to inventory guidance in the Response to be implemented by the beginning of the July, 2016, then in this example the Comments document for this rule. The last full ozone season prior to the area’s attainment year and the future comments do not directly impact the attainment date. Accordingly, the future projection year should be 2016. The outcome of this rule. The EPA responses year attainment modeling should not proposal for this rulemaking also are provided for completeness and to extend beyond that time period. stated 24 that, in determining the provide these commenters with more attainment date that is as expeditious as b. Final Action and Rationale information regarding the EPA’s practicable, the state should consider intentions for guidance development The EPA is finalizing this action as impacts on the nonattainment area of related to HEDD emissions. proposed. The EPA stated in the intrastate transport of pollution from 6. Modeled Attainment Test proposal that the future modeling year sources within its jurisdiction, and should be selected such that all The EPA’s attainment demonstration potential reasonable measures to reduce emissions control measures relied on for emissions from those sources. modeling guidance addresses the attainment will have been implemented modeled attainment test for ozone, We strongly recommend that the state by that year. This same approach was discuss the selection of the future which uses a combination of ambient used for the 1997 ozone NAAQS and we ozone data and modeled ozone year(s) to model with the appropriate continue to believe it is an appropriate EPA Regional Office as part of the concentrations to estimate future year approach for modeling of control air quality. The attainment test is modeling protocol development measures. To demonstrate attainment, process. applied at each monitor location within the modeling results for the or near a designated nonattainment area. nonattainment area must predict that c. Comments and Responses Models are used in a relative sense to emissions reductions implemented by estimate the response of measured air Comment: Many commenters the beginning of the last full ozone quality to anticipated future changes in supported the EPA’s proposal; however, season preceding the attainment date emissions. Future air quality is one commenter believed that it should will result in ozone concentrations that estimated by adjusting recent monitored not matter when the control measure is meet the level of the standard.22 values by the modeled relative response implemented if the demonstration to projected future changes in shows attainment by the attainment of the Exceptional Events Rule, but remain in the 21 date. The commenter provided a emissions. The EPA additionally data set used to calculate official design values. Air agencies may not have flagged these data as being specific example of when a large point 20 http://www.epa.gov/scram001/guidance/guide/ potentially influenced by exceptional events, or source plans to shut down in the middle final-03-pm-rh-guidance.pdf. may have flagged these data but not submitted the of an ozone season. 21 The EPA recommends using ambient design required documentation. Air agencies sometimes do Response: The EPA continues to values that are consistent with the official design not closely examine potential event-influenced data that do not affect attainment/nonattainment believe that modeling the emission values as calculated according to 40 CFR part 50 reductions implemented by the Appendix N (PM2.5 NAAQS) and Appendix P (8- decisions. However, the influence of potential hour ozone NAAQS). This includes flagging and event-influenced data may affect future year beginning of the last full ozone season removing event-influenced data that meet the projections that are part of the modeled attainment preceding the final year of the statutory requirements set forth in the Exceptional Events demonstration. If potential exceptional event- attainment date is reasonable. The effect Rule (40 CFR 50.14). In general, air agencies flag influenced data from the historical record are likely data that they believe may qualify for removal as to affect the outcome of the modeled attainment on attainment of the NAAQS of an exceptional event and are then responsible for demonstration, we encourage air agencies to consult emissions reductions that may occur developing and providing documentation to the with their EPA regional office to determine how sometime after the start of an ozone EPA to support these requests for exclusion. EPA best to handle this situation. season is necessarily uncertain, and Regional Offices review exceptional events claims 22 Note that for purposes of the 2008 ozone and decide whether to concur with each individual NAAQS, a determination of attainment (or failure claim. Once the EPA concurs with an air agency’s to attain), which the EPA is required to make after average ozone concentration in the attainment year request, the event-influenced data are officially the attainment date has passed, is based on the most is below the level of the standard. noted and removed from the data set used to recent 3 complete years of ambient data prior to the 23 See section III.D.2 of this proposal for a calculate official design values. In some cases, area’s attainment date. Attainment date extensions discussion of RACM analysis requirements. historical ambient data may meet the requirements are only available if the 4th maximum 8-hour 24 See 78 FR 34178 at p. 34191 (June 6, 2013).

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cannot be reliably counted on to ensure Under CAA subpart 1, section 172(c)(2) ozone NAAQS, the EPA is interpreting modeled attainment in that year. contains a general requirement that CAA section 172(c)(2) to require such Information about source shutdowns or nonattainment SIPs must provide for Moderate areas to obtain 15 percent other emissions reductions that are not reasonable further progress; RFP is ozone precursor emission reductions accounted for in the modeling can be defined in CAA section 171(1) as ‘‘such over the first 6 years after the baseline used as part of a weight of evidence annual incremental reductions in year for the 2008 ozone NAAQS, and is demonstration (i.e., qualitative emissions’’ as required by CAA part D interpreting CAA section 182(c)(2)(B) to adjustment based on reductions from or as required by the Administrator for require such Serious and above areas to additional measures) if necessary to ensuring attainment of the NAAQS. obtain 18 percent ozone precursor demonstrate timely attainment. CAA sections 182(b)(1) and 182(c)(2)(B) emission reductions in that 6 year Comment: One commenter supported under subpart 2 contain specific percent period. Under the CAA section 172(c)(2) the proposal to allow modeling of up to reduction targets for ozone and CAA section 182(c)(2)(B) RFP the last year of the statutory attainment nonattainment areas classified as requirements, NOX emission reductions date, but disagreed with the RACM Moderate and above and Serious and could be substituted for VOC requirement to evaluate if attainment above, respectively. For Moderate and reductions. can be advanced. The commenter above areas, CAA section 182(b)(1) With the intent of providing direction disagreed with anything that would requires a 15 percent reduction in VOC and/or flexibility to states in satisfying require the demonstration of attainment emissions from the baseline RFP requirements, we proposed a to be earlier than is required by statute. anthropogenic emissions within 6 years number of provisions to address issues Response: The EPA disagrees with the after November 15, 1990. We often refer relevant to implementing RFP under the 2008 ozone NAAQS: (1) Allowing states commenter. A demonstration of to this RFP requirement as rate-of- the option of selecting either the EPA’s attainment would not be required earlier progress (ROP). For Serious and above recommended baseline year or an than is required by statute. The statute areas, CAA section 182(c)(2)(B) requires alternate baseline year, if justifiable and provides maximum dates by which an additional 3 percent per year appropriate; (2) restricting emission attainment must be achieved, but in all reduction in VOC emissions, averaged reduction measures that can be used to cases the statute requires that over consecutive 3-year periods, starting attainment must be achieved as fulfill the RFP requirements; (3) within 6 years after November 15, 1990 fulfilling ROP/RFP requirements with expeditiously as practicable but no later and until the attainment date. CAA than the maximum date. Therefore, a emission reductions from sources section 182(c)(2)(B) allows NOX located outside the nonattainment area; RACM analysis to examine whether the reductions to be substituted for VOC attainment date can be advanced is (4) removing RFP creditability reductions under certain conditions to determination requirements for certain required by the statute as part of all meet this RFP requirement. Note that attainment demonstrations. Note that a pre-1990 control measures that the 15 percent requirement must be met currently achieve de minimis RACM analysis is not required for by the end of the 6-year period Marginal nonattainment areas since an reductions; (5) requiring 15 percent regardless of when the nonattainment VOC reductions from the nonattainment attainment demonstration is not area attains the NAAQS. The 3 percent required for those areas. area emissions inventory baseline per year RFP requirement for Serious during a 6-year period after designation; 8. Multi-State Nonattainment Areas and above areas applies each year until (6) providing that areas that had Under CAA section 182(j), each state the attainment date. previously met the 15 percent located in a portion of a multi-state The EPA previously interpreted the requirement for the 1-hour or 1997 ozone nonattainment area is required to requirements of subpart 2 as they would ozone NAAQS would be subject to the use photochemical grid modeling (or apply to areas for the 1997 ozone RFP requirement of CAA section any other analytic method determined NAAQS, and we proposed to follow 172(c)(2) (if classified as Moderate) or by the Administrator to be at least as essentially the same interpretation with 182(c)(2)(B) (if classified as Serious or effective) and to take all reasonable regard to the 2008 ozone NAAQS. With above) and consistent with those steps to coordinate, substantively and respect to RFP requirements, we provisions could substitute NOX for procedurally, the development, interpret the 15 percent VOC emission VOC; and (7) satisfying ROP/RFP submittal and implementation of SIPs reduction requirement in CAA section requirements when a 2008 NAAQS applicable to the various states within 182(b)(1) such that an area that has nonattainment area is comprised of the nonattainment area. The EPA already met the 15 percent requirement portions that have an EPA-approved interprets CAA section 182(j) to require for VOC under either the 1-hour ozone RFP plan for a previous NAAQS. coordination on all aspects of NAAQS or the 1997 ozone NAAQS (for Through this rulemaking, the EPA is nonattainment SIPs, including the the first 6 years after the RFP baseline finalizing actions that address the development of an attainment year for the prior ozone NAAQS) would aforementioned issues. demonstration. The EPA did not not have to fulfill that requirement 2. What baseline year may states use for propose any changes to this again. Instead, such areas would be the emission inventory for the RFP longstanding policy, and we did not treated like areas covered under CAA requirement? section 172(c)(2) if they are classified as receive adverse comments on this item. a. Summary of Proposal Moderate for the 2008 ozone NAAQS, C. What are the RFP requirements for and would need to meet the RFP The baseline year inventory for RFP is the 2008 ozone NAAQS? requirements under CAA section used as the starting point from which 1. Overview of RFP Requirements 182(c)(2)(B) if they are classified as creditable reductions are determined to Serious or above for the 2008 ozone meet RFP requirements. For the 2008 Areas that are designated NAAQS.25 For the purposes of the 2008 ozone NAAQS, the EPA proposed that nonattainment for ozone must achieve states should use as the baseline year for RFP toward attainment of the ozone 25 Similar interpretations were made for the 1997 NAAQS. Part D of the CAA contains ozone NAAQS in the Phase 2 Ozone 2005) and were upheld in NRDC v. EPA, 571 F.3d three separate provisions regarding RFP. Implementation Rule, (70 FR 71615, November 29, 1245 (D.C. Cir. 2009).

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RFP the calendar year for the most investments in implementing early flexibility in allowing a choice of recently available triennial emission reductions to achieve improved air baseline year for RFP and that the EPA inventory at the time ROP/RFP plans are quality. We also believe that allowing must set the baseline year as 2012. developed. As discussed in section alternate baseline years prior to 2008 Response: While 2011 may be the III.C.3 of the proposal, ROP plans for (e.g., 1990 and 2007) would not be most suitable year for many areas, we areas designated nonattainment in 2012 appropriate because we believe that it is believe it is appropriate to provide some would be due in 2015, and we proposed necessary for RFP credit for attainment flexibility to choose an alternate year the baseline year would be 2011 for planning to be tied as directly as that falls between the year the NAAQS these areas. We explained that this possible to promulgation of the 2008 was established (2008) and the year of approach was analogous to the approach ozone NAAQS. Emission reduction designation (2012 for the initial area provided for RFP in the CAA. 78 FR measures adopted into the SIP prior to designations). The EPA disagrees with 34178, at 34190 (June 6, 2013). The CAA promulgation of the 2008 NAAQS are the comment suggesting that the CAA required a 1990 baseline for the 15 certainly helpful for improving air does not provide the flexibility to allow percent ROP requirement which lined quality, and consequently may lower states to choose the appropriate baseline up with the 1996 attainment date for the nonattainment classification of an year and that the EPA must set the Moderate areas under the 1-hour area and the baseline inventory. baseline year as 2012. While the CAA NAAQS. For the 2008 ozone NAAQS, However, they are not readily tied to does identify a specific year to use as initial area designations were effective attainment planning for the specific the baseline for purposes of the 1-hour in 2012 and the 6-year RFP period from standard and associated nonattainment NAAQS that was in place when the a baseline of 2011 (i.e., January 1, 2012– designation that did not yet exist when CAA Amendments of 1990 were December 31, 2017) would line up the measures were adopted, and enacted, we believe use of that year reasonably well with the Moderate therefore are not appropriate to be (1990) as the baseline would produce attainment date of 2018. credited for fulfilling nonattainment absurd results if used for a revised However, we also proposed that states area RFP requirements for the 2008 NAAQS that is being implemented more have the option of selecting an ozone NAAQS. We also recognize that than 20 years later. Thus, the EPA has appropriate and justifiable alternate year since we designated most areas on April discretion in determining how to as a baseline year for RFP. In the 30, 2012, with an effective date 60 days interpret this provision of the statute for proposal, we proposed that if states after publication in the Federal purposes of implementing the 2008 choose a pre-2011 baseline year, the 6- Register, that 2012 (the designation ozone NAAQS. Nothing in the statute year period for achieving the 15 percent year) is an appropriate alternative explicitly or implicitly suggests that all reduction starts in January of the year baseline year consistent with the areas must use the same baseline year. following the selected baseline year. subpart 2 structure. With these The purpose of the RFP requirement is When a year prior to 2011 is chosen as considerations, the EPA is finalizing to ensure areas achieve percentage the baseline year, the 6-year period thus that states may use an alternate year reductions in emissions that will help concludes more than 1 year prior to the (i.e., other than 2011) between the years an area attain the NAAQS and to not start of the attainment year for the area. of 2008 to 2012 that the state justifies as delay emission reductions until close to In this situation, the EPA proposed that appropriate. We are also finalizing as the attainment date. Thus, we believe a the area is responsible for an additional proposed that states selecting a pre-2011 baseline year that is reasonably close to 3 percent emissions reduction each year alternate baseline year must achieve 3 the designation date and within the after the initial 6-year period has percent emission reductions each year implementation timeframe of the concluded up to the beginning of the after the initial 6-year period has revised NAAQS will ensure that the attainment year. concluded up to the beginning of the goal of the RFP provisions is met. We The EPA also proposed that for a attainment year. For example, if 2009 is note also, that regardless of the baseline multi-state nonattainment area, all states chosen as a baseline year for a Moderate year selected, the final regulations associated with the nonattainment area area that has an attainment date of July provide that areas must continue to must consult and agree on the same year 20, 2018, the 15 percent reductions achieve annual percentage reductions to use as the baseline year for RFP. cover the period from January 1, 2010, up to the attainment year. This will b. Final Action and Rationale to December 31, 2015. The state would further ensure that the purpose of the need to generate an additional 3 percent RFP provisions is fulfilled. We do not For the 2008 ozone NAAQS, the EPA emissions reduction per year for the believe it is reasonable to select as a is providing that states should use as the area for the years 2016 and 2017. baseline year for RFP purposes a year baseline year for RFP, the calendar year We are also finalizing that for a multi- that predates both the revisions to the for the most recently available triennial state nonattainment area, all states NAAQS in 2008 and the nonattainment emission inventory at the time ROP/RFP associated with the nonattainment area designations in 2012. plans are developed, which in the case must consult and agree on the same year Comment: One commenter noted that of areas designated nonattainment in to use as the baseline year for RFP. the EPA’s proposal would require areas 2012 translates to 2011. We finalized selecting a pre-2011 baseline, to achieve this same interpretation for purposes of c. Comments and Responses 3 percent emission reduction each year implementing the 1997 ozone NAAQS. Comment: We received mixed after the initial 6-year period has 40 CFR 51.910(d). We are also allowing comments regarding the appropriate concluded up to the beginning of the an alternate year to be used. In baseline year for RFP. Some attainment year. The commenter urged determining the appropriate alternate commenters believed that 2011 would the EPA to apply the same requirement years, the EPA recognizes that some be the most suitable year to use as a to Moderate areas selecting 2011 as a states may have initiated certain control baseline year for ROP/RFP plans and baseline year and require an additional strategies between the year the standard others urged the EPA to allow states the 3 percent emissions reduction for the was finalized (2008) and the most option of justifying an alternative final year before the attainment recently available triennial emission baseline year, including 2012, 2008, deadline. Comments varied on our inventory year (2011), and that it would 2007 and 1990. One commenter argued proposal for areas to achieve 3 percent be appropriate to recognize these that the CAA does not provide emission reductions when selecting a

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pre-2011 baseline year. Commenters Commenters generally agreed with our meeting the RFP requirement of CAA generally supported the alternate proposal, however, several commenters section 172(c)(2) for Moderate areas that baseline year proposal, however, indicated that RFP demonstrations are met the 15 percent requirement for a opposing commenters stated the state specific and do not necessarily rely previous NAAQS, can come only from proposed 3 percent reduction on a regional inventory. emission reductions from sources requirement seemed to penalize states Response: The EPA believes that the located within the nonattainment area. selecting a pre-2011 baseline year. CAA requires that RFP be demonstrated The ROP/RFP requirements in CAA Response: The first commenter for a nonattainment area as a whole. sections 182(b)(1)(A)(i) and 182(c)(2)(B) correctly identifies that the EPA’s Thus, in order to effectively analyze require that nonattainment SIPs provide selection of the 2011 baseline year RFP reductions and ensure that the for emission reductions from ‘‘baseline creates a gap period of up to 12 months entire nonattainment area achieves the emissions.’’ CAA section 182(b)(1)(B) between the end of the 6 year ROP RFP requirements, it is critical that the defines baseline emissions as ‘‘the total period and the latest attainment date for same baseline be used for all portions of amount of actual VOC or NOX emissions Moderate areas. The final rule specifies the area. We note that CAA section from all anthropogenic sources in the that RFP for this 1-year gap period is 182(j), requires that states in a multi- area.’’ (emphasis added) The ROP/RFP whatever additional emissions state nonattainment area take all language in 182(b)(1)(B) and 182(c)(2)(B) reductions are needed to achieve the reasonable steps to coordinate their is almost identical to the language in the goal of attainment. We believe that plan. CAA’s RACT provision that the D.C. requiring Moderate areas using 2011 as Circuit Court has interpreted as a base year to obtain an additional 3 3. Can emission reductions from sources requiring emission reductions to come percent per year during the 2018 located outside the nonattainment area from within the nonattainment area and attainment year where doing so is not boundary apply toward ROP and RFP? not ‘‘from sources outside the necessary to attainment would be more a. Summary of Proposal nonattainment area.’’ NRDC v. EPA, 571 than Congress intended to require F.3d 1245, 1256 (D.C. Cir. 2009). through the RFP requirements under The EPA proposed that for the 2008 Accordingly, for reasons explained more Part D of Subchapter 1 of the CAA ozone NAAQS states may not take credit fully in the proposal, 78 FR 34178, at Amendments of 1990. However, because for VOC or NOX reductions occurring 34191 (June 6, 2013), the EPA has a pre-2011 baseline would be outside the nonattainment area for concluded that there is no legal basis voluntarily selected by a state and purposes of meeting the 15 percent ROP allowing states to credit reductions would create a larger gap period before requirement and 3 percent RFP achieved at sources outside the the attainment date than a 2011 baseline requirements of CAA sections 172(c)(2), nonattainment area toward meeting (as much as 2 to 4 years), we believe the 182(b)(1) and (c)(2)(B). In the preamble ROP/RFP requirements. language ‘‘whatever additional to the proposal, the EPA noted that it c. Comments and Responses emissions reductions are needed for would be sound policy to allow areas to attainment’’ is not specific enough to use reductions coming from outside the Comment: Several commenters ensure annual incremental progress area to meet ROP/RFP requirements, but suggested that the EPA allow credit through the latest attainment date. concluded that in light of the reasoning toward meeting ROP/RFP for emission Therefore, we are finalizing as proposed used in Natural Resources Defense reductions from an area larger than the an additional 3 percent per year as a Council (NRDC) v. EPA, 571 F.3d 1245 nonattainment area but related to or reasonable RFP reduction requirement (D.C. 2009), and the language of the affecting it, such as the same airshed or for a state that chooses to take advantage CAA, there is no legal basis for states to an air quality control region or a of the regulatory flexibility this credit emissions reductions from ‘‘transport couple area.’’ These regulation offers by selecting a pre-2011 sources outside the nonattainment area comments emphasized the close baseline. CAA section 171(1) defines for satisfying ROP/RFP requirements. In connection between air quality within reasonable further progress under the proposed rule, we also stated that if the nonattainment area and emissions Subpart D to include such annual the EPA received comment providing a from outside that area and argued that reductions as ‘‘may reasonable be clear legal justification for allowing controlling emissions from an area required by the Administrator for the areas to take credit in their RFP plan for outside a nonattainment area may be a purpose of ensuring attainment of the reductions outside the nonattainment very effective way to improve air quality applicable national ambient air quality area, we would consider adopting that within the nonattainment area. They standard by the applicable date.’’ approach in the final rule. argued that statutory references to ‘‘the area’’ do not necessarily refer only to the Consistent with that, if a state chooses b. Final Action and Rationale to use an earlier baseline year, its total ‘‘nonattainment area.’’ A commenter RFP emission reduction obligation The EPA is finalizing the suggested that CAA section 107(c) should be to ensure that additional interpretation that states may not take provides the EPA the authority to allow reductions averaging 3 percent per year credit for VOC or NOX reductions outside-the-area reduction credits for for each year beyond the first 6 years occurring from sources outside the satisfying RFP requirements. Other until the year before the attainment year nonattainment area for purposes of commenters note that CAA section are provided for in the RFP plan. meeting the 15 percent ROP and 3 182(b)(1)(B), viewed in isolation, does However, the EPA continues to believe percent RFP requirements of CAA not directly refer to sources in the the 2011 NEI reporting year is the sections 172(c)(2), 182(b)(1) and nonattainment area, but rather to preferred baseline year for RFP planning (c)(2)(B). This approach means that ROP ‘‘sources in the area,’’ and that NRDC v. purposes. credit for meeting the 15 percent VOC EPA addresses sources in the Comment: Comments were mixed in requirement for Moderate and above nonattainment area only for purposes of relation to the proposal that states ozone nonattainment areas in CAA meeting RACT nonattainment SIP associated with multi-state section 182(b)(1), and the additional 3 requirements under CAA section nonattainment areas must consult and percent per year RFP requirement for 172(c)(1). Other commenters took the agree on the same alternate year to use Serious and above ozone nonattainment opposite view, arguing that the EPA had as the baseline year for RFP. areas in CAA section 182(c)(2)(B), or for no legal basis for allowing states to use

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out of area reductions to meet RFP a regulatory provision adopting this implementation of the 2008 ozone requirements. same interpretation for purposes of NAAQS (which under the final Response: As explained more fully in implementing the 1997 ozone NAAQS. implementation rules could start, at the Response to Comments document in 40 CFR 51.910(a)(2). No significant earliest, in 2008). This final action will the docket, to some extent, the comments were received. relieve states of the burden of doing the calculations ‘‘based on the de minimis comments in support of allowing out-of- 5. How should states account for non- nature’’ of the potential credits.27 area credits were either policy creditable reductions when determining arguments or suggestions about how compliance with the ROP/RFP emission c. Comments and Responses best to implement a program allowing reduction requirements? such credits. The EPA agrees that some Comment: A majority of commenters of these are good policy arguments, but a. Summary of Proposal supported removing the calculations does not see a legal basis to allow this CAA Section 182(b)(1)(D) specifies requirement. However, one commenter approach. While some commenters did four categories of control measures that argued that the EPA cannot remove the provide legal arguments, upon are not creditable toward the 15 percent calculation requirement because the examination the EPA does not believe ROP requirement under CAA section provision in 182(b)(1)(D) that certain they overcome the restrictions in the 182(b)(1)(A): (i) Measures related to emission reductions are ‘‘not creditable’’ combined language of CAA section motor vehicle exhaust or evaporative toward RFP reductions ‘‘is the sort of 182(b)(1)(B) with CAA sections emissions promulgated by January 1, extraordinarily rigid statutory provision 182(b)(1)(A)(i) and 182(c)(2)(B), and the 1990; (ii) regulations concerning Reid that does not allow for de minimis reasoning in NRDC v. EPA concerning vapor pressure (RVP) promulgated by exceptions.’’ The commenter further reductions within the nonattainment November 15, 1990; (iii) measures to asserts that the EPA has not area. (See the Response to Comments correct previous RACT requirements; demonstrated that the non-creditable document, located in the docket, for and (iv) measures required to correct reductions will always be de minimis detailed responses to all of the I/M programs. As noted in the proposal, because the EPA failed to review the arguments presented and explaining with the exception of the first category, impact of this exception on any specific why the EPA believes the statutory reductions from these measures were nonattainment areas, relying instead on provisions taken as a whole clearly achieved many years ago, so the national modeling from which the EPA support the interpretation that these question of creditability is moot for RFP has claimed that local results may vary. Response: The EPA thanks the RFP reductions must occur within the credits for the 2008 ozone NAAQS. commenters that support this approach. nonattainment area). Citing an assessment that at this point The EPA disagrees, however, with the in history the ongoing emissions commenter who argued that the EPA 4. Restrictions on Emission Reduction reductions from pre-1990 control cannot relieve states of this burden Measures That Can Fulfill the ROP/RFP measures in the first category are de based on the de minimis impact of the Requirement minimis the EPA proposed that states measures. would no longer need to perform the a. Summary of Proposal CAA section 182(b)(1)(C) established complicated calculations for these The EPA proposed that, except as a general rule allowing credit toward control measures to ensure that they are specifically provided in CAA section RFP requirements for emission not credited toward the 15 percent ROP 182(b)(1)(D) of the CAA, all SIP- reductions under a SIP that would occur requirements under CAA section approved or federally promulgated within the 6 years following November 182(b)(1)(D). (See 78 FR 34178 at 34189) emissions reductions that occur after the 1990. CAA section 182(b)(1)(D) baseline emissions inventory year are b. Final Action and Rationale established four narrow exceptions to creditable for purposes of the ROP/RFP Consistent with the proposal, the EPA that general rule, three of which are requirements, provided that the is finalizing the approach that currently entirely moot because they reductions meet the standard eliminates any obligation for states to have already occurred and are not requirements for creditability. That is, to continue to perform emissions ongoing reductions for future RFP receive SIP credit, the reductions must reduction calculations for the pre-1990 purposes. The comment concerns the be enforceable, quantifiable, permanent control measures listed under CAA motor vehicle emission reduction and surplus. section 182(b)(1)(D)(i). measures imposed on pre-1990 motor vehicles. The EPA has concluded that b. Final Action and Rationale The CAA section 182(b)(1)(D)(i) provides that motor vehicle emission these reductions are ever diminishing as We are finalizing, as proposed, that all reductions resulting from measures each year the motor vehicle fleet SIP-approved or federally promulgated promulgated ‘‘by January 1, 1990,’’ continues to replace older vehicles with emissions reductions that occur after the (which can only come from pre-1990 new vehicles. The EPA estimates that by baseline emissions inventory year from vehicles), are ‘‘not creditable.’’ The EPA 2017 the control measures that apply to sources located in the nonattainment is aware that making the calculations the pre-1990 portion of the nationwide area are creditable for purposes of the necessary to ensure a state does not take vehicle fleet would account for only ROP/RFP requirements, provided the credit for these measures would be ‘‘a between 0.2 and 0.6 percent of total on- reductions meet the standard very resource intensive process road VOC or NOX emissions, or between requirements for creditability and are requiring multiple modeling runs and about 0.1 and 0.3 percent of total VOC not prohibited by section 182(b)(1)(D) of extensive staff time,’’ as we stated in the or NOX emissions inventories. Because the CAA. proposal for this rulemaking. 26 calculating those emissions reductions For the reasons provided in the Furthermore, the EPA recognizes that would be very resource intensive, the preamble to the proposed rule, 78 FR emissions from pre-1990 vehicles are a EPA proposed not to require states to 34178, at 34187 (June 6, 2013), the EPA very small and diminishing part of the calculate them based on the de minimis believes it is appropriate to credit total emissions inventory for any RFP- nature of the reductions. Courts emissions reductions that actually occur related year associated with recognize that agencies generally have during the relevant ROP/RFP period and after the baseline year. We promulgated 26 See 78 FR 34178, at 34190 (June 6, 2013). 27 Ibid.

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discretion to overlook circumstances percent reduction in VOC emissions percent requirement at that time. The that in context can fairly be considered from a 1990 baseline, then we would EPA has reconsidered its proposal and de minimis such as requirements whose allow such substitution only for new now believes it does not have authority literal application would mandate 2008 nonattainment areas located in the under the CAA to allow NOX pointless expenditures ‘‘when the OTR that would be subject to the 15 substitution for VOC emissions burdens of regulation yield a gain of percent ROP requirement for the first reductions for the 15 percent ROP in 28 trivial or no value.’’ The EPA does not time. any area, including an area located in believe that the creditability exemption b. Final Action and Rationale the OTR, unless the area has previously in 182(b)(1)(D)(i) is so ‘‘extraordinarily submitted, adopted and implemented a rigid’’ as to preclude a de minimis We are finalizing that the ROP plan SIP providing for a 15 percent VOC exception. for a 2008 nonattainment area that has The comment also claims that the not previously adopted and reduction in emissions from the area’s EPA has not demonstrated that these implemented a SIP providing for a 15 baseline emissions. These emissions circumstances are de minimis. Without percent reduction in VOC emissions reductions would have to have been disputing the EPA’s conclusions as to consistent with CAA section 182(b)(1) produced in the 6 years following the either the share of the emissions must provide for a 15 percent reduction baseline emissions inventory year inventory or the resource burdens of the in VOC emissions from the area’s consistent with the requirement in CAA calculations, the comment nevertheless baseline emissions in the 6 years section 182(b)(1) and the prior approach claims that ‘‘local results may vary,’’ following the baseline emissions for the 1997 ozone NAAQS. 40 CFR and the EPA must assess reductions in inventory year. This is consistent with 51.910(a)(1)(i). ‘‘specific nonattainment areas.’’ The the CAA section 182(b)(1) requirement Comment: One commenter supported and the prior approach for the 1997 comment does not identify any area the proposed alternative that would where, or any evidence that, the impact ozone NAAQS. 40 CFR 51.910(a)(1)(i). allow areas to substitute NOX for VOC, of the credits anywhere would be more The EPA is not finalizing either of the in part or in whole, in the 15 percent than de minimis. Moreover, the EPA additional approaches that would have ROP plans because the scientific implicitly accounted for local variations allowed areas to meet the 15 percent when it concluded in the proposal that ROP requirement in whole or in part understanding of the relative roles of VOC and NO control has improved. reductions associated with pre-1990 with NOX reductions in lieu of VOC X vehicles ‘‘everywhere’’ will be ‘‘a very reductions. After reviewing all However, numerous commenters stated small fraction of the total on-road VOC comments submitted the EPA does not their understanding that new emissions inventory by 2017.’’ believe that it has the authority under nonattainment areas become subject to the CAA to allow NOX substitution for CAA section 182(b)(1) and are therefore 6. What are the RFP plan requirements VOC emissions reductions for the 15 subject to the 15 percent VOC-only ROP for 2008 ozone nonattainment areas for percent ROP requirement in any area emission reduction requirement which which no portion of the area has that has not previously met the 15 does not provide for any NO previously been required to meet the 15 X percent reduction requirement, substitution. percent ROP requirement for VOC in including an area in the OTR. section 182(b)(1) of the CAA? Response: The EPA agrees that the c. Comments and Responses current understanding of the role of a. Summary of Proposal Comment: Several commenters raised NOX reductions in reducing ozone We proposed that newly designated objections to the EPA’s proposal that would suggest that, in some areas, it 2008 nonattainment areas,29 namely would allow only areas in the OTR to would be relatively more efficient to 2008 ozone nonattainment areas for meet the RFP requirements by allowing focus attainment planning efforts on which a state has never adopted and achieving reductions in NO rather than implemented a SIP providing for the NOX substitutions. The commenters X VOC emissions. However, for new CAA section 182(b) 15 percent VOC argued that it would be better to allow nonattainment areas, CAA section emission reductions, will be subject to all areas to take advantage of this the 15 percent ROP requirement in CAA alternative. 182(b)(1) expressly requires the 15 Response: Although attainment areas section 182(b)(1). percent ROP plans to reduce emissions We also proposed that for any 2008 in the OTR were not required to adopt of VOC. It does not provide discretion ozone nonattainment area, a state could 15 percent RFP plans under section 184 to meet these requirements by reducing meet the 15 percent ROP requirement in of the CAA, we discussed certain VOC emissions of other pollutants. Where reduction measures in the proposal. We whole or in part with NOX reductions in Congress intended to allow such a lieu of VOC reductions if that state expected that the VOC reductions from substitution, it specifically provided so, could demonstrate that the area had in those measures would account for a such as in CAA section 182(c)(2)(C) significant portion of the 15 percent fact achieved a 15 percent reduction in which allows NOX to be substituted for VOC emissions within 6 years from a requirement for areas designated VOC in the 3 percent annual RFP plans nonattainment. We reasoned that since 1990 baseline. for Serious and above areas. Absent a attainment areas in the OTR are We also proposed that if we did not showing of absurd results which the required to adopt and implement many finalize the proposal to allow any area record for this action does not support, to substitute NOX reductions for VOC of the same measures applied in nonattainment areas such areas should the EPA does not believe it has reductions where a state can discretion to allow NO substitution in demonstrate that the area achieved a 15 be treated as having met the 15 percent X VOC reduction requirement if they can this case. 28 See Alabama Power Co. v. Costle, 636 F.2d 323, demonstrate that they did, in fact, 360 (D.C. Cir. 1979). achieve a 15 percent reduction in VOC 29 Hereafter in the discussion of RFP requirements emissions during the relevant time within this section, when we use the term ‘‘2008 period, even though they of course nonattainment area’’ we mean ‘‘nonattainment area classified as Moderate or higher under the 2008 would not have submitted a 15 percent ozone NAAQS.’’ plan as they were not subject to the 15

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7. What are the ROP/RFP plan 182(b)(1) is ambiguous under these SIPs to provide for the 15 percent VOC requirements for 2008 ozone NAAQS circumstances and that it was reduction only once, the Court did not nonattainment areas that consist reasonable for the EPA to interpret it not address the question of whether mere entirely of one or more areas that to require areas that had already met the EPA approval of a prior 15 percent ROP fulfilled the 15 percent ROP plan 15 percent VOC emission reduction SIP would satisfy the 15 percent requirement for VOC for a former ozone requirement to obtain another 15 requirement for a subsequent NAAQS, NAAQS? percent reduction in VOC emissions. or whether the area would have to show a. Summary of Proposal Instead, for purposes of the 1997 ozone it actually achieved the 15 percent VOC NAAQS and for purposes of the 2008 reduction within the 6 years required by We proposed that any 2008 ozone NAAQS, the EPA interprets the the statute. The commenter stated that nonattainment area which consists RFP requirement of CAA section to be creditable, the 15 percent entirely of a nonattainment area, or 172(c)(2) to require an area classified as reduction must have actually occurred portions of nonattainment areas, for Moderate to achieve an average 3 within 6 years of November 15, 1990, which we previously approved an RFP percent annual reduction in VOC and/ due to implementation of measures plan as meeting the 15 percent ROP or NOX emissions for the first 6 years required under the SIP, rules plan requirement for VOC in section following the baseline year, and the RFP promulgated by the EPA, or title V 182(b)(1) of the CAA would not need to requirement in CAA section 182(c)(2)(B) permits. Accordingly, the commenter submit such an ROP SIP. Such a 2008 to require the same thing for areas believed the EPA cannot treat nonattainment area could consist of one classified as Serious or higher. Under previously approved ROP plans as or more 1-hour nonattainment areas, these circumstances, RFP requirements satisfying the 15 percent ROP one or more nonattainment areas under may be satisfied with reductions in requirement unless the state also shows the 1997 ozone NAAQS, or a either NOX or VOC emissions. As that the required VOC reductions were combination of nonattainment areas for explained in the proposal, we believe actually achieved as required by CAA either the 1-hour or 1997 ozone there are two policy reasons for 30 section 182(b)(1)(C). NAAQS. Consistent with our interpreting this ambiguous provision in Response: The EPA thanks the approach for the 1997 ozone NAAQS, this manner. First, both our commenters for their supporting we proposed to interpret the CAA’s RFP understanding of the effects of comments. The EPA disagrees, however, provisions to mean that a 2008 reductions of VOC and NOX on ambient that states must demonstrate that they nonattainment area that had already ozone levels and the technical tools to achieved the 15 percent reduction achieved a 15 percent reduction in VOC help predict what combinations of within 6 years of the baseline for a emissions per an approved 182(b)(1) reductions of ozone precursors will be previous NAAQS. We have consistently ROP SIP, would instead be subject to most effective for ozone reduction in maintained that if an area has already the RFP requirement of CAA section any area have improved. Since the met the requirement to submit for 172(c)(2) (which the EPA has purpose of the RFP provisions in CAA approval and to implement a plan for interpreted to represent 15 percent sections 172 and 182 is to foster the reducing VOC emissions by 15 percent emissions reductions over the first 6- achievement of reasonable further within 6 years of the baseline year for year period) if classified as Moderate, or progress toward attainment, we believe either the 1-hour or the 1997 ozone the 3 percent per year requirement of that it makes the most sense to allow NAAQS, then the area should not be CAA section 182(c)(2)(B), if classified as states to credit toward the RFP required to meet that requirement a Serious or above, and under those requirement those reductions that an second time for the 2008 ozone NAAQS requirements could substitute NOX area most needs to reach attainment. but instead will be subject to the other emission reductions for VOC emission Second, as explained more fully in the applicable RFP provisions of the CAA. reductions. proposal, the mix of emissions across the country and in specific areas is very 8. What are the RFP plan requirements b. Final Action and Rationale different than it was in 1990 because of for 2008 ozone NAAQS nonattainment We are finalizing as proposed, such various measures and developments areas that include portions consisting of that 2008 nonattainment areas that have that have substantially reduced the all or a piece of one or more previously met the CAA requirement for anthropogenic VOC emissions inventory nonattainment areas for a previous a 15 percent ROP VOC reduction plan such that additional area-specific VOC NAAQS that fulfilled the 15 percent for the entire area are not required to reductions will be increasingly difficult ROP plan requirement for VOC for that fulfill that requirement again. This is to achieve. previous NAAQS and portions that have consistent with the approach we used never been subject to or have never c. Comments and Responses for the 1997 NAAQS, and the D.C. submitted the 15 percent ROP plan for Circuit Court’s decision in NRDC v. Comment: Numerous commenters VOC for a previous NAAQS? EPA.31 In that case, concerning the agreed with the EPA’s proposal that a. Summary of Proposal EPA’s same interpretation for 2008 nonattainment areas that have implementing the 1997 ozone NAAQS, already met the CAA requirement for a For those areas that include all or part the Court held that CAA section 15 percent VOC reduction plan are not of a nonattainment area under a former required to fulfill that VOC requirement ozone NAAQS that fulfilled the 15 30 The following nonattainment areas were again. Two commenters generally percent ROP plan requirement for VOC nonattainment for both the 1-hour and the 1997 supported the EPA’s approach but and all or part of an area that was not ozone NAAQS, and remained the same size under argued for reducing the showing a state subject to or did not meet the 15 percent the 2008 ozone NAAQS compared to the 1997 ozone NAAQS: Baltimore, MD; Los Angeles-San must make or giving states more latitude requirement for a former ozone NAAQS, Bernardino Counties (West Mojave Desert), CA; Los in determining how to treat new we proposed that a state may choose Angeles-South Coast Air Basin, CA; Riverside nonattainment areas. However, one between two approaches for addressing County (Coachella Valley), CA; Sacramento Metro, commenter stated that although the the 15 percent ROP requirement. First, CA; San Joaquin Valley, CA; and Ventura County, CA. Court in NRDC v. EPA, 571 F.3d 1245 the state could choose to treat the entire 31 See NRDC v. EPA, 571 F.3d 1245 (D.C. Cir. (D.C. Cir. 2009), held that the EPA could area as an area that never met the 15 2009). permissibly read the statute as requiring percent requirement and submit a new

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15 percent plan for the entire area. classified as Moderate. CAA section believed that for sub-areas within the Second, the state could choose to treat 182(c)(2)(B) RFP requirements apply if nonattainment area, each with its own the 2008 nonattainment area as divided the 2008 ozone NAAQS nonattainment 15 percent reduction obligation, that the into two portions: The non-ROP plan area is classified as Serious or higher. required VOC emission reductions must portion and the former ROP plan The EPA believes that nonattainment come from inside each sub-area portion. For the non-ROP plan portion areas with a previously approved 15 respectively. of the 2008 nonattainment area, the plan percent plan developed to satisfy Response: The EPA recognizes that a would establish a separate 15 percent previous ozone NAAQS standards are prior ROP plan would not necessarily ROP VOC reduction requirement under not required to adopt a second 15 encompass the newly designated percent VOC ROP plan under CAA CAA section 182(b)(1) of subpart 2. portion of a 2008 nonattainment area section 182(b)(1) for purposes of the However, VOC emissions reductions to and that the newly designated portion 2008 ozone NAAQS. The EPA believes meet the 15 percent requirement could may not have previously been covered that if a portion of the nonattainment come from across the entire 2008 by an approved 15 percent ROP VOC area was not subject to an approved 15 nonattainment area, provided that the plan. In light of this comment, the EPA percent plan for previous ozone former ROP plan portion of the area also has reconsidered the proposal and now standards, then CAA section 182(b)(1) has a VOC reduction target as part of its believes that if a portion or portions of ROP plan for the 2008 ozone NAAQS. applies to that portion of the 2008 a nonattainment area for the 2008 ozone If the 2008 ozone NAAQS ROP plan for nonattainment area. We are offering two NAAQS was/were not subject to an the former ROP plan nonattainment area options, as described previously, and approved 15 percent ROP VOC-only relies solely on NO reductions, then states can select the appropriate option X plan for either the 1-hour or the 1997 the portion of the nonattainment area to meet the RFP requirements. However, ozone NAAQS, then CAA section never before subject to nonattainment due to significant comments received 182(b)(1) requirements apply to that requirements is still responsible for the regarding the source of reductions to new portion of the 2008 NAAQS full 15 percent VOC reductions. We also satisfy the 15 percent requirement for nonattainment area. stated in the proposal that for the former the non-ROP portion of the area, we are RFP plan portion of the 2008 requiring that VOC emissions The EPA disagrees with the nonattainment area, the RFP reductions to meet the 15 percent commenter’s assertion that the statute requirements in CAA section 172(c)(2) requirement must come from within the does not allow areas to be divided into will apply to Moderate nonattainment boundaries of the non-ROP plan portion former ROP plan areas and new non- areas and the RFP requirements of CAA rather than from across the entire ROP areas. Consistent with the section 182(c)(2) apply to areas nonattainment area as we proposed. reasoning in the Phase 2 Rule, upheld classified as Serious and above. These Additionally, the ROP plan for the 2008 in NRDC v. EPA, we believe that an areas may both substitute NOX for the ozone NAAQS for the new non-ROP area, or a sub-area that has never met VOC reductions in the manner specified plan portion must provide for 15 the 15 percent requirement must do so, in CAA section 182(c)(2)(C). percent VOC reductions. but that an area (or sub-area) that has previously met the requirement need b. Final Action and Rationale c. Comments and Responses not be subjected to it for a second time. We are finalizing the two proposed Comment: One commenter opposed Based on similar reasoning, we have approaches that a state may choose both of the EPA’s proposed options, reconsidered our proposal that would between for addressing the 15 percent believing that they are not permissible have allowed emission reductions from ROP requirement where a portion of the under the CAA because a prior ROP across the entire nonattainment area to area submitted and implemented a 15 plan for just part of a 2008 be creditable toward achieving the 15 percent ROP plan for a previous ozone nonattainment area cannot be deemed to percent ROP VOC reductions for the NAAQS and a portion did not. First, the satisfy the ROP plan requirement—that non-ROP portion(s) of the area. We now state may choose to treat the entire area ‘‘area’’ is different from the area believe it is important to recognize that as an area that never met the 15 percent encompassed by the prior ROP plan. VOC emissions reductions to meet the ROP VOC reduction requirement in The commenter argued that the prior 15 percent ROP VOC reduction CAA section 182(b)(1). Second, the state ROP plan could not have provided the requirement must come from within the may choose to treat the 2008 15 percent baseline emissions reduction boundaries of the non-ROP plan nonattainment area as divided into two in an ‘‘area’’ that was not even defined portion. Accordingly, the ROP plan for portions: The non-ROP plan portion and at the time of the prior ROP plan. The the 2008 ozone NAAQS for the new the former ROP plan portion. For the commenter also argued that the statute non-ROP plan portion must demonstrate non-ROP plan portion of the 2008 does not allow the EPA to divide up achievement of 15 percent VOC nonattainment area, the plan would ‘‘the area’’ into multiple sub-areas with reductions from that sub-area’s baseline. establish a separate 15 percent VOC separate ROP plans or requirements. reduction requirement under CAA The commenter also argued that it 9. Alternative Approaches to Achieving section 182(b)(1) of subpart 2. However, would be illegal and arbitrary to allow RFP divergent from our proposal that would a sub-area to claim credit for emission a. Summary of Proposal have allowed creditable VOC reductions reductions from outside the sub-area to come from across the entire 2008 without having to also add emissions We requested comment on two nonattainment area, the final rule from outside the sub-area to its baseline. alternative approaches to achieve RFP: requires that VOC emission reductions The commenter stated that unless the (1) An air quality-based approach that to satisfy the CAA section 182(b)(1) 15 EPA is proposing to require that the would measure RFP in terms of ambient percent requirement must come entirely non-former ROP sub-area assure a net 15 air quality improvements tied to an from within the non-ROP plan area. percent cut from new baseline area’s percent emission reduction; and, For the former ROP plan portion of emissions for the entire 2008 (2) an approach that would adjust (or the 2008 nonattainment area, the RFP nonattainment area, it cannot allow the ‘‘weight’’) the amount of RFP credit requirements in CAA section 172(c)(2) sub-area to claim credit for reductions given for reductions of individual apply if the 2008 nonattainment area is outside the sub-area. The commenter species (or similar groups) of VOC based

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on their ozone forming potential (i.e., cap-and-trade program and these may submission as described in the Phase 2 photochemical reactivity). serve as legal and administrative Rule. See 70 FR 71652. For each of these alternative precedents for other reactivity-based The EPA proposed a number of items approaches, the EPA sought comment standards. Commenters also cautioned regarding RACT submittals. First, the on the usefulness and practicality of the the EPA that such approaches should EPA proposed that states should use approach, and specifically on whether not be mandated, and must be left to the current EPA guidance [including there is an adequate legal basis under state’s discretion. existing control techniques guidelines the CAA to approve SIPs that would There were commenters that did not (CTGs) and alternative control employ it. support these alternative approaches, techniques (ACTs)] and any other b. Final Action and Rationale stating that the CAA clearly requires a information available in making RACT determinations.33 The EPA recognized The EPA is not taking final action on percentage reduction from baseline in the proposal that existing CTGs and these alternative approaches. The EPA emissions for purposes of RFP. ACTs for many source categories have may further consider such alternatives Response: The EPA appreciates the not been revised in a number of years. in the future. The EPA believes that comments it has received on these However, in many cases, more recent more time is needed to better alternative approaches. As noted above, technical information is available in understand the scientific and legal the EPA believes more time is needed to other forms. The EPA proposed that as issues involved in allowing and better understand the scientific and part of their RACT SIP submission, implementing these approaches. In the legal issues involved before finalizing states should provide adequate meantime, use of these approaches may any alternative approaches to achieving documentation that they have be considered on a case-by-case basis. If RFP. We encourage states interested in considered control technology that is states wish to pursue either of these an alternative approach to work closely economically and technologically approaches, then we encourage them to with their respective EPA Regional feasible. The analysis of economic and work closely on developing such an Offices, who may consider these technological feasibility should be based approach with their respective EPA approaches on a case-by-case basis. Any on information that is current as of the Regional Offices. If a state submits an such actions would be addressed time of development of the RACT SIP alternative approach to achieving RFP, through separate notice and comment for the 2008 ozone NAAQS. then the EPA will address the submittal rulemaking including analysis of Additionally, the EPA noted that states in a separate notice and comment appropriate legal and technical should consider information submitted rulemaking action. justifications. as part of the public comment period c. Comments and Responses D. How do RACT and RACM associated with the RACT SIP. Comment: Some commenters, while requirements apply for 2008 ozone The EPA proposed that in some cases, supporting the approaches, believed NAAQS nonattainment areas? states may conclude that sources that the EPA must provide more already addressed by RACT 1. Reasonably Available Control information on how both the VOC- determinations for the 1-hour and/or Technology weighted approach and the air quality- 1997 ozone NAAQS may not need to based approach would be implemented, a. Summary of the Proposal implement additional controls to meet a stronger legal justification for allowing the 2008 ozone NAAQS RACT these alternatives, and more scientific The EPA indicated in the proposal requirement. that RACT SIPs must contain adopted support for practical implementation. The EPA proposed to follow the RACT regulations, certifications where There were commenters that supported EPA’s existing policy with respect to appropriate that existing provisions are the air quality-based approach. One ‘‘area wide average emission rates.’’ RACT,32 and/or negative declarations commenter stated that the air quality This policy recognizes that states may that there are no sources in the alternative would better reflect the air demonstrate as part of their NO RACT nonattainment area covered by a X quality progress being made in areas SIP submittal that the weighted average specific CTG source category. The EPA adjacent to an upwind nonattainment NO emission rate from all sources in also indicated that states must provide X area, whereby the downwind areas must the nonattainment area subject to RACT notice and opportunity for public rely on large upwind emission meets NO RACT requirements. comment on their RACT submission X reductions to attain the ozone standard. The EPA proposed that as part of their The commenter also argued that states even where the state determines it is appropriate to certify that the existing RACT submissions, states have the should have the opportunity to option of conducting a technical demonstrate that such an approach is provisions remain RACT or where the state submits a negative declaration. analysis for a nonattainment area equivalent to or better than an emission considering the emissions controls reduction target and believes it would States must also submit appropriate supporting information for their RACT required by a regional cap-and-trade qualify as an equivalent planning program, and demonstrating that procedure under CAA section 172(c)(8) compliance by certain sources and should be included in the final rule. 32 The EPA has defined RACT as the lowest emission limitation that a particular source is participating in the cap-and-trade The commenter indicated a similar capable of meeting by the application of control program results in actual emission approach was included in the technology that is reasonably available considering reductions in the particular implementation rules that govern SIP technological and economic feasibility (December 9, nonattainment area that are equal to or development for the PM2.5 NAAQS (40 1976 memorandum from Roger Strelow, Assistant Administrator for Air and Waste Management, to greater than the emission reductions CFR 51.1009(g) and (h)). Other Regional Administrators, ‘‘Guidance for that would result if RACT were applied commenters pointed out that the VOC- Determining Acceptability of SIP Regulations in to an individual source or source weighted reactivity method has already Non-Attainment Areas’’ and also in 44 FR 53762; category within the nonattainment area. been adopted in other national, state September 17, 1979). Availability and feasibility may differ across sources in the same category (June and local ozone regulations, such as the 9, 1985, memorandum from John Calcagni, Chief, 33 The EPA’s CTGs and ACTs are located at current national aerosol coatings rule Economic Analysis Branch, to G.T. Helms, ‘‘Criteria http://www.epa.gov/air/ozonepollution/SIPToolkit/ and a highly-reactive VOC emissions for Determining RACT in Region IV.’’) ctgs.html.

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The EPA provided legal reasoning for Finally, the EPA proposed a specific be much more likely to find that new this approach. deadline by which RACT measures are RACT-level controls are economically The EPA proposed to follow its to be implemented for the 2008 ozone and technically feasible. current policy that for VOC sources NAAQS, which is consistent with the The EPA is finalizing the proposed subject to MACT standards, states timeline specified in CAA section approach with respect to ‘‘area wide would be allowed to streamline their 182(b)(2). For the 2008 ozone NAAQS, average emission rates.’’ This approach RACT analysis by including a we proposed that areas must implement is consistent with the EPA’s existing discussion of the MACT controls and RACT measures as expeditiously as policy. considerations relevant to VOC RACT. practicable, but no later than January 1 The EPA is finalizing the proposed Historically, in many cases, states have of the 5th year after the effective date of approach, where states have the option been able to rely on MACT standards for a nonattainment designation. of conducting a technical analysis for a purposes of showing that a source has Nonattainment designations for all areas nonattainment area considering the met VOC RACT. of the country were effective July 20, emissions controls required by a The EPA also noted that a state has 2012. RACT measures for areas regional cap-and-trade program, and discretion to require beyond-RACT classified Moderate or above and all demonstrating that compliance by reductions from any source, and has an areas of the OTC would be required to certain sources participating in the cap- obligation to demonstrate attainment as be implemented by January 1, 2017. and-trade program results in actual expeditiously as practicable. Thus, This would allow a comparable amount emission reductions in the particular states may require VOC and NOX of time for sources to meet RACT nonattainment area that are equal to or reductions that are ‘‘beyond RACT’’ if requirements as originally anticipated greater than the emission reductions such reductions are needed in order to under the 1990 CAA Amendments, that would result if RACT were applied provide for timely attainment of the consistent with the Moderate area to an individual source or source ozone NAAQS. attainment date of July 20, 2018. category within the nonattainment area. The EPA solicited comment on This approach is consistent with the modifying existing guidance to provide b. Final Action and Rationale Court’s reasoning in NRDC v. EPA additional flexibility in implementing The EPA is finalizing the approach regarding the NOX SIP Call. the CAA section 182(b)(2) RACT where states should refer to the existing Additionally, we note that in August requirements. In particular, the EPA CTGs and ACTs for purposes of meeting 2013, the Court granted EPA’s request solicited comments on whether it would their RACT requirements, as well as all for voluntary vacatur of the CAIR–RACT be appropriate for states, as part of their relevant information (including recent presumption for the 1997 ozone RACT determinations regarding what is technical information and information NAAQS. The approach we are finalizing ‘‘reasonable,’’ to consider the effect (or received during the public comment is not inconsistent with the vacatur lack thereof) of VOC emission period) that is available at the time that decision. reductions on reductions in ozone they are developing their RACT SIPs for The EPA is finalizing the proposed concentrations when assessing the 2008 ozone NAAQS. We believe that approach for VOC sources subject to economic feasibility. The EPA solicited MACT standards, such that states would there is sufficient information available comments on this approach because in be allowed to streamline their RACT to states to inform their RACT some nonattainment areas, additional analysis by including an assessment of determinations. reductions of anthropogenic VOC the MACT controls and how they relate The EPA is finalizing the approach emissions have been scientifically to VOC RACT considerations. This allowing in some cases for states to demonstrated to have a limited impact approach is consistent with the EPA’s conclude that sources already addressed on reducing ozone concentrations. current policy. The EPA took comments on the by RACT determinations for the 1-hour The EPA is finalizing the proposed following: (1) Whether state RACT and/or 1997 ozone NAAQS do not need approach to provide states with the determinations could take into to implement additional controls to discretion to require beyond-RACT consideration, in the evaluation of what meet the 2008 ozone NAAQS RACT reductions from any source, and that is economically feasible, the potential requirement. We believe that, in some states have an obligation to demonstrate air quality benefit (or lack thereof) of cases, a new RACT determination under attainment as expeditiously as further VOC controls; (2) the specific the 2008 standard would result in the practicable. We believe it may be circumstances and limitations to which same or similar control technology as necessary in some cases for states to an air quality benefit factor would the initial RACT determination under achieve ‘‘beyond RACT’’ reductions in apply; (3) specific examples of where the 1-hour or 1997 standard because the order to demonstrate attainment as modeling has demonstrated that fundamental control techniques, as expeditiously as practicable. anthropogenic VOC reductions have described in the CTGs and ACTs, are The EPA is not modifying existing 34 ‘‘negligible effect, ’’ (commenters were still applicable. In cases where guidance for meeting the 182(b)(2) also asked to provide a defensible controls were applied due to the 1-hour RACT requirements for the 2008 ozone threshold for defining ‘‘ineffective,’’ and or 1997 NAAQS ozone RACT NAAQS through this action. There is define a test for concluding that the requirement, we expect that any scientific information available that effect of additional VOC reductions incremental emissions reductions from indicates that in some locations ozone application of a second round of RACT would be ‘‘negligible.’’); (4) input formation is NOX-limited, and changes regarding whether this flexibility should controls may be small and, therefore, in anthropogenic VOC emissions will be provided on an individual source the cost for advancing that small have little effect on ozone basis, or also on a source category basis; additional increment of reduction may concentrations. However, the EPA is not (5) that any approaches suggested by not be reasonable. In contrast, a RACT prepared at this time to establish a commenters should also address how analysis for uncontrolled sources would specific definition of ‘‘negligible effect,’’ public health and welfare will be and believes that legal support for 34 See existing guidance in RACT Questions and impacted; and (6) an explanation as to Answers 2006 (May 18, 2006, Note from William modifying the existing RACT guidance the specific legal basis for supporting Harnett to Regional Air Division Directors), needs to be further explored. States, the suggested approach. Questions 17 and 18, regarding RACT certifications. therefore, will continue to conduct

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RACT determinations as they described in the CTGs and ACTs, are when and where such reductions are historically have. Additionally, we do still applicable. necessary to attain the ozone NAAQS. not anticipate that any current NOX- We appreciate the commenter’s Another commenter asserted that the limited nonattainment areas will request for more information regarding EPA’s definition of RACT plainly immediately need to develop the specific situations where this requires each individual source to apply substantive new VOC RACT SIP approach may be reasonable. In cases control technology to achieve the lowest submissions. Therefore, we do not where controls were applied due to the emission limitation that each particular expect that retaining the current RACT 1-hour or 1997 ozone NAAQS RACT source is capable of meeting considering guidance will have any near-term requirement, the incremental emissions technology and economic feasibility. impact on states or VOC sources in reductions from application of updated The commenter argued that substitution current NOX-limited nonattainment RACT controls may be small and, of area-wide averaging for source- areas. However, the EPA received therefore, the cost for advancing that specific RACT does not meet the potentially useful information from small additional increment of reduction language of section 182(b)(2) of the Act, commenters regarding the definition of may not be reasonable. In contrast, a which requires SIPs for Moderate and ‘‘negligible effect,’’ which we will RACT analysis for uncontrolled or above areas to require implementation consider in the future as we further partially controlled sources would be of RACT ‘‘with respect to . . . [a]ll VOC assess whether to modify the existing more likely to find that updated RACT- sources in the area covered by any CTG RACT guidance. level controls under the 2008 ozone issued before November 15, 1990,’’ and The EPA is finalizing the proposed NAAQS are economically and ‘‘[a]ll other major stationary sources of approach that areas must implement technically feasible. VOCs that are located in the area.’’ 42 RACT measures as expeditiously as In portions of 2008 nonattainment U.S.C. 7511a(b)(2). The commenter practicable, but no later than January 1 areas where control technologies for argued that the EPA is supplanting these of the 5th year after the effective date of major sources or source categories were statutory directives with an area-wide a nonattainment designation. For the previously reviewed and controls averaging program that allows some nonattainment designations that were applied to meet the RACT requirement sources to avoid installing RACT effective July 20, 2012, RACT measures under the 1-hour or the 1997 ozone controls. (for areas where they are required) must NAAQS, states should review and, if Response: The EPA’s existing policy be implemented by January 1, 2017. appropriate, accept the initial RACT recognizes that states can meet NOX This allows a comparable amount of analysis as meeting the RACT RACT requirements by submitting as time for sources to meet RACT requirements for the 2008 ozone part of their NOX RACT SIP submittal a requirements as originally anticipated NAAQS. Absent data or public demonstration that the weighted average under the 1990 CAA Amendments, and comments indicating that the previous NOX emission rate from sources in the ensures that RACT measures are RACT determination is no longer nonattainment area subject to RACT required to be in place no later than the appropriate, the state need not adopt achieves RACT-level reductions. We last ozone season prior to the Moderate additional SIP controls to meet the new note, however, that this policy does not area attainment date of July 20, 2018. RACT requirement for these sources. In include an exemption for HEDD EGUs such cases, the state’s SIP revision from NOX control. c. Comments and Responses submitted after notice and comment Additionally, the EPA disagrees with Comment: Several commenters should contain a certification, with the comment that ‘‘area-wide averaging supported the proposed approach that appropriate supporting information is not a legally permissible method for in some cases, states may conclude that (including consideration of new data), complying with’’ RACT and that RACT sources already addressed by RACT indicating that these sources are already requires reductions from ‘‘each and determinations for the 1-hour and/or subject to SIP-approved requirements every source’’ in an area. The EPA 1997 ozone NAAQS may not need to that still meet the RACT obligation. believes that the statute, as interpreted implement additional controls to meet There are cases where the initial RACT by the court in NRDC v. EPA, provides the 2008 ozone NAAQS RACT analysis under the 1-hour standard or a state with the option of demonstrating requirement. Several other commenters the 1997 standard for a specific source that its program achieves RACT level generally did not support this or source category concluded that no reductions by showing emission conclusion. One commenter requested additional controls were necessary. In reductions greater than or equal to clarification regarding situations where such cases, a new RACT determination reductions that would be achieved a state may conclude that existing RACT is needed to consider whether more cost through a source-specific application of controls meet RACT for the 2008 ozone effective control measures have become RACT in the nonattainment area. NRDC NAAQS. available for sources that were not v. EPA interprets the CAA as requiring Response: The EPA generally agrees previously regulated. A re-analysis may that each nonattainment area must with the supporting comments. The determine that controls are now achieve ‘‘RACT-level reductions,’’ EPA disagrees with the comments economically and technically feasible which is to say the reductions that opposing the proposed approach. In and are necessary to meet the RACT would be achieved ‘‘if RACT-level areas previously subject to the RACT requirement. Please refer to the controls were installed in the area.’’ 571 requirement under the 1-hour and/or Response to Comments document for F.3d at 1258. In sum, nothing in the 1997 ozone NAAQS, states have additional detail on this topic. CAA or in NRDC v. EPA requires that previously addressed the RACT Comment: A commenter expressed ‘‘each and every’’ source in the area requirement with respect to these the concern that a nonattainment area- employ RACT or achieve RACT-level NAAQS. We believe that, in some cases, wide weighted NOX averaging reductions. Consistent with previous a new RACT determination under the demonstration would exempt EGUs guidance, the EPA continues to believe 2008 standard would result in the same used primarily on high electricity that RACT can be met on average by a or similar control technology as the demand days from NOX control. The group of sources within a nonattainment initial RACT determination under the commenter also expressed that the area rather than at each individual 1-hour or 1997 standard because the exemption of HEDD EGUs from NOX source. Therefore, states can show that fundamental control techniques, as control does not reduce NOX emissions SIP provisions for these sources meet

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the ozone RACT requirement using the that an analysis could be conducted to technology. However, the EPA may not averaging approach. determine whether such a program have sufficient discretion to support this Comment: Several commenters would result in the same, or higher level modification of the existing RACT expressed general support for the of emissions reductions in individual guidance. CAA section 182(b)(2) proposed policy that would allow states nonattainment areas. provides that SIPs must ‘‘require the to demonstrate that compliance with a The EPA additionally disagrees with implementation of reasonably available regional trading program by affected any implication by the commenters that control technology’’ with respect to sources within a nonattainment area the proposal should address whether ‘‘VOC sources.’’ It does not clearly will satisfy RACT requirements for controls are required to be operational at authorize consideration of whether those sources. Several commenters all times at sources in the technology that is ‘‘reasonably additionally expressed that it may be nonattainment area. The EPA’s NOX available’’ is also reasonably effective appropriate for states to rely on a cap- RACT guidance (Nitrogen Oxides with respect to improving air quality or and-trade program that is limited to a Supplement to the General Preamble, 57 reducing ozone formation, and it does nonattainment area for purposes of FR 55625; November 25, 1992) includes not specify criteria for discerning a level meeting RACT for sources located in the a policy where states may develop of air quality improvement below which nonattainment area. RACT programs that are based on ‘‘area available technology does not need to be Other commenters did not support the wide average emission rates.’’ implemented. proposed approach. A few of these Additional guidance on area-wide Comment: Some opposing comments commenters expressed concerns that by RACT provisions is provided by the raised equity concerns with modifying providing states with an option to rely EPA’s January 2001 economic incentive the RACT guidance, while other on trading programs, the EPA is program guidance titled, ‘‘Improving Air comments raised legal concerns. Several allowing for sources to turn off their Quality with Economic Incentive commenters stated the EPA has issued controls in upwind states. Commenters Programs.’’ Thus, the EPA’s existing NOX waivers in the past under CAA additionally suggested that RACT policy recognizes that states may section 182(f) and the proposed should apply on an individual basis to demonstrate as part of their NOX RACT approach would appear to establish a every affected stationary source in a SIP submittal that the weighted average VOC waiver scheme, which the nonattainment area. Commenters NOX emission rate from a group of commenters do not support and is not implied that the EPA should specifically sources in the nonattainment area expressly provided by the statute. require controls to be operational at all subject to RACT meets NOX RACT Several commenters stated that the CAA times at these sources. requirements. requires RACT on all major sources of Response: The EPA appreciates, and Comment: The EPA received several VOC in nonattainment areas and the generally agrees with, the supporting supporting and opposing comments commenters do not believe that the EPA comments pertaining to the proposed regarding whether the EPA should has the authority to eliminate this policy allowing states to rely on a modify the RACT guidance to allow for requirement. One commenter also stated regional cap-and-trade program to states to consider the ozone air quality that not only has Congress made clear comply with RACT if they provide an benefits of reductions in VOC emissions that CAA section 182(b)(2)’s mandates appropriate technical demonstration. for purposes of RACT determinations. for VOC RACT are not limited by any The EPA also agrees that states may rely Supporting comments provided sort of air quality benefit test, but the on a cap-and-trade program that is examples where photochemical plain meaning of ‘‘economic feasibility’’ limited to a nonattainment area for modeling appears to show that in some does not have anything to do with air purposes of meeting RACT for sources areas VOC reductions have a limited quality benefits, citing several cases. located in the nonattainment area. The effect on reductions in ozone Response: Given these concerns about EPA disagrees, however, with those concentrations. These commenters also whether the CAA authorizes such an commenters that say that states should provided information that may be useful approach, and as is discussed above, the not have the option to demonstrate that in evaluating the potential definition of EPA is not at this time revising our long- compliance with a regional trading ‘‘negligible effect.’’ Several commenters standing RACT determination guidance. program by sources in a nonattainment also provided potential legal However, the EPA may continue to area achieves RACT-level reductions justifications for modifying the RACT explore this option and potential legal within the nonattainment area. In NRDC guidance in this respect. support for it in the future. v. EPA, the Court noted that a Response: The EPA recognizes that Comment: The EPA received one determination that RACT was satisfied modification of the existing guidance on supporting comment regarding the by compliance with a regional trading determining RACT could add flexibility proposed approach that for VOC sources program might be permissible for an that would be beneficial to the subject to MACT standards, states area if accompanied by a technical efficiency of ozone controls in some would be allowed to streamline their analysis demonstrating that the program states. In addition, it appears that there RACT analysis by including a in fact ‘‘results in greater emissions is available science suggesting that discussion of the MACT controls and reductions in a nonattainment area than ozone formation in some areas is NOX- considerations relevant to VOC RACT. would be achieved if RACT-level limited, such that changes in The EPA received one additional controls were installed in that area.’’ 35 anthropogenic VOC emissions will have comment suggesting that, before In other words, the Court rejected the little effect on ozone concentrations. requiring states to apply NOX RACT to notion that a regional trading program However, the EPA does not believe that all combustion sources, the EPA should intended to eliminate interstate the legal arguments provided by the study certain MACT rules and transport of emissions consistent with commenters are sufficient to address specifically recommend the SIP credit CAA section 110(a)(2)(D)(i) could potential statutory restrictions. The for federal MACT measures in SIP automatically constitute the RACT-level main legal argument presented by planning. of control required by CAA section commenters in support of flexibility is Response: The EPA thanks the 172(c)(1), but held open the possibility that the EPA has ‘‘discretion’’ to commenter for their support. Regarding determine what constitutes the issue of whether to specifically 35 571 F.3d at 1258. ‘‘reasonably’’ available control recommend the SIP credit for federal

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MACT measures in SIP planning, the compliance dates on a reasonable area.37 38 39 The EPA also proposed that EPA is not planning at this time to schedule that the Administrator will although states should consider all develop specific recommendations for establish in the applicable notice and available measures, including those SIP credit for Federal MACT measures. comment rulemaking reclassifying the being implemented in other areas, a Additionally, the commenter seems to area. For areas newly redesignated to state must adopt measures for an area imply that the EPA should not require nonattainment, the RACT SIP is due 2 only if those measures are economically compliance with RACT until such a years from the effective date of and technologically feasible and will study is completed. The EPA disagrees designation, and the implementation advance the attainment date or are with the commenter. Regardless of deadline is January 1st of the 5th year necessary for RFP. whether or not the EPA conducts such after the effective date of designation. b. Final Action and Rationale a study, the RACT requirements remain Additionally, the January 1, 2017, The EPA is finalizing the proposed requirements that must be met under RACT implementation deadline, would approach of continuing to apply existing the CAA, whether through reliance on not automatically apply to sources RACM guidance to the 2008 ozone MACT or otherwise. covered by future CTGs. If a new CTG NAAQS, such that we interpret the Comment: One commenter expressed is developed, all current Moderate or RACM provision to require a concern that the EPA’s proposed above areas would be required to revise demonstration that the state has adopted requirement to have RACT in place by their SIPs for the sources covered by the all reasonable measures (including January 1, 2017, may not provide CTG within the period set forth by the RACT) to meet RFP requirements and to enough time for implementation. The EPA in issuing the CTG document (see demonstrate attainment as expeditiously commenter noted that if the EPA needs section 182(b)(2) of the CAA), which as practicable and thus that no to develop additional CTGs for the would occur through notice and current ozone NAAQS, states may not additional measures that are reasonably comment rulemaking. This will give have ample time to develop regulations available will advance the attainment sources lead time to comply with the that provide sufficient time for sources date or contribute to RFP for the area. new requirement. to implement RACT for sources covered Additionally the EPA is finalizing the by additional CTGs. Comment: With regard to the EPA’s interpretation of the CAA requirements Response: The EPA disagrees with the proposed requirement to have RACT in that states should consider all available commenter that a requirement for RACT place by January 1, 2017, one measures, including those being to be in place by January 1, 2017, for commenter asserted that it was not implemented in other areas, and that a areas designated nonattainment Congress’s intention to require another state must adopt measures for an area effective July 20, 2012, (and all areas of round of RACT revisions in the short only if those measures are economically the OTR), does not allow enough time period of time between ozone NAAQS and technologically feasible and will for implementation. The EPA believes revisions. The commenter claims the advance the attainment date or are that the January 1, 2017, date allows a short period of time would not allow a necessary for RFP. This interpretation sufficient amount of time for states to facility to recoup the investment in the has been upheld by several courts. See, make RACT determinations and for original pollution control before the e.g., Sierra Club v. EPA, et al., 294 F.3d sources to meet RACT requirements on requirement to reconsider if the next 155 (D.C. Circuit, 2002). the time-table originally anticipated round RACT determinations requires Significant tracts of land under under the 1990 CAA Amendments, and newer controls. The commenter also federal management may also be ensures that RACT measures are believes that it would be burdensome included in nonattainment area required to be in place throughout the for states to adopt new RACT SIPs and boundaries. The role of fire in these last ozone season prior to the Moderate resubmit them for EPA approval. areas should be assessed and emissions area attainment date of July 20, 2018. Response: The EPA disagrees with the budgets developed in concert with those Given the comment received, we wish commenter that Congress did not realize federal land management agencies. to provide further clarification regarding the implication that the 5-year NAAQS Where appropriate, states may consider the RACT implementation deadline. review cycle would potentially require developing plans for addressing The EPA notes that the requirement to new RACT determinations each time a wildland fuels in collaboration with develop a RACT SIP applies only to NAAQS is revised. The EPA has offered land managers and owners. Information nonattainment areas that are classified flexibilities in applying the RACT is available from the Department of the as Moderate or above (i.e., Serious, requirements for areas that have Interior (DOI) and USDA Forest Service Severe, or Extreme). Therefore, for such previously met requirements for the 1- on smoke management programs and areas that were designated effective July hour or the 1997 8-hour ozone NAAQS. 20, 2012, RACT SIPs are due within 2 37 ‘‘State Implementation Plans; General Preamble years of the effective date of 2. Reasonably Available Control for Proposed Rulemaking on Approval of Plan Measures (RACM) Revisions for Nonattainment Areas’’ 44 FR 20372 at designation, by July 20, 2014. Sources 20375 (April 4, 1979). ‘‘State Implementation Plans; subject to RACT in those areas would a. Summary of the Proposal General Preamble for the Implementation of Title I then need to implement RACT by of the Clean Air Act Amendments of 1990; January 1, 2017.36 If an area is The EPA proposed to continue to Proposed Rule.’’ 57 FR 13498 at 13560 (April 16, apply to the 2008 ozone NAAQS, 1992). reclassified from Marginal to Moderate 38 existing RACM guidance that interprets ‘‘Guidance on the Reasonably Available at some later date, then that area would Control Measures (RACM) Requirement and become subject to a new RACT the RACM provision to require a Attainment Demonstration Submissions for Ozone requirement, and the EPA would set demonstration that the state has adopted Nonattainment Areas.’’ John S. Seitz, Director, all reasonable measures (including Office of Air Quality Planning and Standards. new SIP submission and RACT November 30, 1999. http://www.epa.gov/ttn/oarpg/ RACT) to meet RFP requirements and to t1/memoranda/revracm.pdf. 36 We note that the RACT compliance date does demonstrate attainment as expeditiously 39 Memorandum of December 14, 2000, from John not change relative to the RACT SIP submission. as practicable and thus that no S. Seitz, Director, Office of Air Quality Planning This compliance date is fixed, such that if a state additional measures that are reasonably and Standards, re: ‘‘Additional Submission on submits a RACT SIP past the deadline, then sources available will advance the attainment RACM from States with Severe One-Hour Ozone would still have to comply with the RACT Nonattainment Area SIPs.’’ http://www.epa.gov/ttn/ requirements by January 1, 2017. date or contribute to RFP for the caaa/t1/memoranda/121400_racmmemfin.pdf.

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basic smoke management practices and understory, and tree density, helping to reclassification for the 2008 ozone may be considered as potential reduce the risk of catastrophic wildfires. NAAQS, as a result of a nonattainment mitigation measures to lessen the Some wildfires and the use of designation and classification under a impacts of wildfires.40 prescribed fire can influence the future standard, or because an area Wildfire emissions are a component occurrence of catastrophic wildfires decided to implement an I/M program of background ozone 41 and can which may reduce the probability of even though it was not otherwise significantly contribute to periodic high fire-induced ozone impacts and required. That discussion is not ozone levels.42 Besides their effect on subsequent public health effects. RACM repeated here; therefore, please refer to air quality, wildfires pose a direct threat for wildfire may include addressing the the proposal (78 FR 34194–34196). to public safety—a threat that can be wildland fuels through fuels Although the EPA is finalizing its mitigated through management of management, including the use of proposal to revise the I/M SIP due date wildland vegetation. Attempts to prescribed fire and possibly allowing to align it with other SIP due dates (see suppress wildfires have resulted in some wildfire to occur naturally, in section III.A of this preamble), no other unintended consequences, including systems that are ecologically fire changes are being made to the EPA’s increased risks to both humans and dependent. Where appropriate, states, existing regulations and guidance on ecosystems.43 The use of wildland land managers and land owners may vehicle I/M programs. prescribed fire can influence the consider developing plans to ensure that occurrence, behavior and effects of fuel accumulations are addressed and F. How does transportation conformity catastrophic wildfires which may help fuel management efforts are not delayed. apply to the 2008 ozone NAAQS? manage the contribution of wildfires to RACM for prescribed fires should also 1. What is transportation conformity? background ozone levels and periodic be considered. Information is available Transportation conformity is required peak ozone events. Additionally from DOI and the USDA Forest Service under CAA section 176(c) to ensure that prescribed fires can have benefits to on the ecological role of fire, smoke transportation plans, transportation those plant and animal species that management programs and basic smoke improvement programs (TIPs) and depend upon natural fires for management practices, and fuels federally supported highway and transit propagation, habitat restoration, and management strategies, and may be projects are consistent with (‘‘conform reproduction, as well as myriad considered when determining RACM for to’’) the purpose of the SIP. Conformity ecosystem functions (e.g., carbon prescribed fires. RACM must be sequestration). The EPA understands determined for each area on a case-by- to the purpose of the SIP means that the importance of prescribed fire which case basis. transportation activities will not cause mimics a natural process necessary to new air quality violations, worsen manage and maintain fire-adapted c. Comments and Responses existing violations, or delay timely ecosystems and climate change Comment: One commenter suggested attainment of the relevant NAAQS or adaptation, while reducing risk of amending RACM guidance to follow the interim reductions and milestones. uncontrolled emissions from same common-sense approach proposed Transportation conformity applies to catastrophic wildfires, and is committed for RACT; i.e., if studies show that areas that are designated nonattainment, to working with federal land managers, reducing anthropogenic VOC emissions and to those former nonattainment areas tribes, and states to effectively manage in an area has little effect on ground- that have been redesignated to prescribed fire use to reduce the impact level ozone concentrations, RACM attainment since 1990 and have a CAA of wildfire related emissions on ozone. analyses should not be required for that section 175A maintenance plan If wildfire impacts are significant, pollutant. (‘‘maintenance areas’’) for contributing to exceedances of the Response: We note that existing EPA transportation-related criteria standard, states should consider RACM guidance already provides some pollutants: carbon monoxide, ozone, for this source. Fires play an important assistance to states with identifying the nitrogen dioxide and particulate matter. ecological role across the globe, type of measures that might be The EPA’s Transportation Conformity benefiting those plant and animal considered for RACM (See General Rule (40 CFR 51.390 and part 93, species that depend upon natural fires Preamble, 57 FR 13549, April 16, 1992). subpart A) establishes the criteria and for propagation, habitat restoration, and If a state demonstrates that procedures for determining whether reproduction. Fires are one tool that can implementation of VOC emission transportation activities conform to the be used to reduce fuel load, unnatural reduction measures will not contribute SIP. The EPA first promulgated the to an area’s reasonable further progress Transportation Conformity Rule on 40 USDA Forest Service and Natural Resources or to attainment, then additional control November 24, 1993 (58 FR 62188), and Conservation Service, Basic Smoke Management of VOC emissions does not need to be subsequently published several Practices Tech Note, October 2011, http:// amendments. For example, the EPA www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/ further considered for RACM purposes. stelprdb1046311.pdf. Thus, the EPA concludes that it need published a final rule on July 1, 2004 41 Jaffe, DA; Wigder, NL. (2012). Ozone not amend RACM guidance to address (69 FR 40004) that provided production from wildfires: A critical review. Atmos this comment. transportation conformity procedures Environ 51: 1–10. http://dx.doi.org/10.1016/ for state and local agencies under the j.atmosenv.2011.11.063. E. Does the 2008 ozone NAAQS result 1997 ozone NAAQS, among other 42 Emery, C; Jung, J; Downey, N; Johnson, J; in any new vehicle I/M programs? Jimenez, M; Yarwood, G; Morris, R. (2012). Regional things. Parties involved in and global modeling estimates of policy relevant Based on current designations and implementing transportation conformity background ozone over the United States. Atmos classifications for the 2008 ozone include state and local transportation Environ 47:206–217. http://dx.doi.org/10.1016/ j.atmosenv.2011.11.012. NAAQS, no new vehicle I/M programs and air quality agencies, metropolitan 43 Indeed, ‘‘Fire policy that focuses on [wildfire] are currently required. In the proposal planning organizations (MPOs) and the suppression only, delays the inevitable, promising for this rulemaking, the EPA provided U.S. Department of Transportation (the more dangerous and destructive future . . . fires.’’ information on potential ways a state DOT) (40 CFR 93.102). For further Stephens, SL; Agee, JK; Fule, PZ; North, MP; could design and implement an I/M information on transportation Romme, WH; Swetnam, TW. (2013). Managing Forests and Fire in Changing Climates. Science program, either because it was required conformity rulemakings, policy 342:41–42. to implement a program due to a future guidance and outreach materials, see the

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EPA’s Web site at http://www.epa.gov/ would be required to make a conformity 4. What impact will the implementation otaq/stateresources/transconf/ determination only at the point when a of the 2008 ozone NAAQS have on a index.htm. new transportation project needs state’s Transportation Conformity SIP? funding or approval. This point may 2. When would transportation States with previously approved occur significantly after the 1-year grace conformity apply to areas designated Transportation Conformity SIPs should nonattainment for the 2008 ozone period has ended. See the EPA’s July 1, not need to revise those SIPs, unless NAAQS? 2004, final rule for further background they need to do so to ensure that on how the EPA has implemented this existing state regulations apply in areas Transportation conformity for the conformity grace period for the 1997 newly designated nonattainment for the 2008 ozone NAAQS applied 1 year after ozone NAAQS in metropolitan, donut 2008 ozone NAAQS. However, if this is the effective date of nonattainment and isolated rural areas (69 FR 40008– the first time that transportation designations for the NAAQS. CAA 45 40014). conformity will apply in a state, such a section 176(c)(6) and 40 CFR 93.102(d) state is required to submit a SIP revision provide a 1-year grace period from the 3. Does transportation conformity apply within 12 months of the effective date effective date of an initial designation of for the 1997 ozone NAAQS once that of the nonattainment designation that nonattainment before transportation NAAQS is revoked? covers the three specific transportation conformity applies in the area for a The CAA only requires transportation conformity requirements that are particular pollutant and standard. For conformity in areas that are designated delineated in CAA section 176(c)(4)(E). areas designated nonattainment nonattainment or maintenance for a These specific requirements are effective July 20, 2012, the 1-year grace given pollutant and standard. Therefore, consultation procedures and written period ended on July 20, 2013. For any transportation conformity would no commitments to control or mitigation area subsequently redesignated to longer apply for purposes of the 1997 measures associated with conformity nonattainment (from unclassifiable or ozone NAAQS as of the time that determinations for transportation plans, attainment), the 1-year grace period runs standard (and thus an area’s designation TIPs or projects. 40 CFR 51.390. from the effective date of the for that standard) is revoked. Additional information and guidance redesignation. The grace period Accordingly, existing 1997 ozone can be found in EPA’s ‘‘Guidance for requirements differ depending on NAAQS nonattainment and Developing Transportation Conformity whether the nonattainment area is a maintenance areas, regardless of their State Implementation Plans’’ (http:// metropolitan area or an isolated rural www.epa.gov/otaq/stateresources/ area. designation for the 2008 ozone NAAQS, In metropolitan areas, which are would no longer be required to transconf/policy/420b09001.pdf). defined as urbanized areas that have a demonstrate transportation conformity G. What requirements for general population greater than 50,000 and a for the 1997 ozone NAAQS after the conformity apply to the 2008 ozone designated MPO responsible for 1997 ozone NAAQS is revoked. The NAAQS?? transportation planning per 23 U.S.C. D.C. Circuit ruled that the EPA violated 134, within 1 year after the effective the CAA when it partially revoked the 1. Summary of the Proposal date of the nonattainment designation, 1997 ozone NAAQS for transportation The EPA did not propose to make the area’s MPO and the DOT must make conformity purposes only in the revisions to the General Conformity a conformity determination with regard Classifications Rule for the 2008 ozone Regulations.46 However, we did to the area’s transportation plan and TIP NAAQS (NRDC v. EPA, D.C. Cir. No. recommend that as areas develop their for the 2008 ozone NAAQS under the 12–1321, December 23, 2014). The SIPs for the 2008 ozone NAAQS, state transportation conformity regulations partial revocation had been in effect and local air quality agencies work with (40 CFR 51.390 and part 93, subpart A). since July 20, 2013, 1 year after the federal agencies with major facilities The conformity requirements for ‘‘donut effective date of designations for the that are subject to the General areas,’’ 44 including the application of 2008 ozone NAAQS. (77 FR 30160). The Conformity Regulations to establish an the 1-year conformity grace period, are D.C. Circuit Court of Appeals vacated emissions budget for those facilities in generally the same as those for this aspect of the Classifications Rule order to facilitate future conformity metropolitan areas. If, at the end of the but said nothing to suggest that the EPA determinations. Significant tracts of grace period, the MPO and the DOT could not revoke the standard for all land under federal management may have not made a transportation plan and purposes, as it is doing today. See South also be included in nonattainment area TIP conformity determination for the Coast, (upholding revocation of boundaries. The role of fire in these relevant pollutant and standard, the area standard so long as anti-backsliding areas should be assessed and emissions would be in a conformity ‘‘lapse.’’ measures are introduced). Under our budgets developed in concert with those During a conformity lapse, only certain current Transportation Conformity Rule, federal land management agencies. projects can receive additional federal the latest approved or adequate Where appropriate, states may consider funding or approvals to proceed. The emission budgets for a previous ozone developing plans for addressing practical impact of a conformity lapse NAAQS (i.e., the 1997 or the 1-hour wildland fuels in collaboration with will vary from area to area. ozone NAAQS) would continue to be land managers and owners. Information Isolated rural nonattainment areas are used in conformity determinations for is available from DOI and USDA Forest areas that do not contain or are not part the 2008 ozone NAAQS until emission Service on the ecological role of fire, of an MPO (40 CFR 93.101). Conformity budgets are established and found smoke management programs and basic requirements for isolated rural adequate or are approved for the 2008 nonattainment areas can be found at 40 ozone NAAQS. (77 FR 14981–2). 46 Information on what federal actions are covered CFR 93.109(g). An isolated rural area and how to demonstrate conformity are found in 40 CFR part 93 subpart B. On March 24, 2010, former 45 Also, see the EPA’s transportation conformity Administrator Lisa P. Jackson signed the General 44 For the purposes of transportation conformity, Web site for more information, including EPA’s Conformity Final Rule ‘‘Revisions to the General a ‘‘donut’’ area is the geographic area outside a ‘‘Transportation Conformity Guidance for 2008 Conformity Regulations,’’ which was published metropolitan planning area boundary, but inside a Ozone NAAQS Nonattainment Areas’’ at: http:// April 5, 2010 (75 FR 17254–17279). More designated nonattainment or maintenance area www.epa.gov/otaq/stateresources/transconf/ information on the general conformity program is boundary that includes an MPO (40 CFR 93.101). 2008naaqs.htm. available at http://www.epa.gov/air/genconform/.

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smoke management practices, and fuels existing regulations apply in the adopted all reasonable candidate management strategies (including appropriate newly designated areas. measures in the applicable SIP to satisfy prescribed fire), and may be considered RACM, RFP, and all other requirements H. What are the requirements for as potential mitigation measures to necessary for attainment in the area. 47 contingency measures in the event of lessen the impacts of wildfires. We failure to meet a milestone or to attain? 2. Final Action and Rationale also stated in the proposal that for the ozone precursors VOC and NOX, the 1. Summary of Proposal The EPA is finalizing the proposed requirements that contingency measures existing de minimis emission levels The EPA proposed that the must be submitted for approval into the contained in 40 CFR 93.153(b)(1) will contingency measures required for SIP as required by the CAA and must continue to apply to the 2008 ozone Moderate and above areas under CAA provide for the implementation of NAAQS. We also stated in the proposal sections 172(c)(9) and 182(c)(9) must specific measures without any further that general conformity for the 2008 provide for the implementation of rulemaking action if the area fails to ozone NAAQS would apply 1 year after specific measures if the area fails to attain or meet any applicable milestone, the effective date of nonattainment attain or to meet any applicable with limited exceptions for Extreme designations for that NAAQS because milestone. These measures must be nonattainment areas relying on plan section 176(c)(6) provides a 1-year grace submitted for approval into the SIP as provisions approved under CAA section period from the effective date of initial adopted measures that would take effect 182(e)(5), as discussed below. Regarding designations before general conformity without further rulemaking action by content of the 1-year’s worth of determinations are required in areas the state or the Administrator upon a emissions covered by the contingency newly designated nonattainment for a determination that an area failed to measures, the EPA is finalizing its particular pollutant and standard. In attain or to meet the applicable proposal to allow the 3 percent such areas, we encourage states to milestone. Per the EPA guidance, emissions reductions of the contingency consider in any baseline inventory used contingency measures should represent measures, to be based entirely on NO and/or submitted to include emissions 1-year’s worth of progress, amounting to X controls if the area has completed the expected from projects subject to reductions of 3 percent of the baseline initial 15 percent ROP VOC reduction general conformity, including emissions emissions inventory for the required by CAA section 182(b)(1)(A)(i) from wildland fire that may be nonattainment area, which would be and the state’s analyses have reasonably expected in the area. achieved while the state is revising its demonstrated that NO substitution plans for the area.49 X Since we proposed to revoke the 1997 would be most effective in bringing the ozone NAAQS at the time the final SIP Regarding the content of the contingency measures, the EPA’s prior area into attainment. Requirements Rule is published in the The EPA will continue to allow the guidance specifies that some portion of Federal Register, we stated in the use of federal measures providing the contingency measures must include proposal that general conformity ongoing reductions into the future to be VOC reductions. As explained in the requirements under the 1997 ozone used meet contingency measure proposal, this previous limitation is no NAAQS would end after the 2008 ozone requirements for the 2008 ozone longer necessary in all cases. In NAAQS general conformity NAAQS, consistent with the EPA’s particular, Moderate and above areas requirements begin. longstanding policy. The EPA has that have completed the initial 15 previously approved the use of federal 2. Final Action and Rationale percent VOC reduction required by CAA measures to meet contingency measure section 182(b)(1)(A)(i), can meet the The EPA is taking no action to revise requirements in actions approving 1- contingency measures requirement General Conformity Regulations. For hour and 8-hour ozone SIPs. reasons explained in section IV of this based entirely on NOX controls if that is With respect to Extreme ozone rule, we are revoking the 1997 ozone what the state’s analyses have nonattainment areas, CAA section NAAQS 30 days after publication of this demonstrated would be most effective 182(e)(5) allows the agency to exercise final rule. Accordingly, the general in bringing the area into attainment. discretion in approving Extreme area conformity requirements for the 1997 There would be no minimum VOC attainment plans that rely, in part, on ozone NAAQS will end when the requirement. Also, the EPA proposed the future development of new control NAAQS is revoked, and the general continuing its long-standing policy that technologies or improvements of conformity requirements for the 2008 allows promulgated federal measures to existing control technologies, where ozone NAAQS are applicable 1 year be used as contingency measures as long certain conditions are met. This after the effective date of nonattainment as they provide emission reductions in discretion can be applied as long as the designations for the 2008 NAAQS.48 the relevant years in excess of those state has demonstrated that: All 50 The EPA believes the existing General needed for attainment or RFP. reasonably available control measures, Conformity Regulations (40 CFR part 93) The EPA also proposed an including RACT, have been included in remain appropriate for the 2008 ozone implementation approach for Extreme the plan; the area’s RFP demonstration NAAQS. States with approved general nonattainment areas whereby plan during the first 10 years after conformity SIPs should not need to provisions meeting the requirements of designation does not rely on anticipated revise their SIPs unless they need to do CAA section 182(e)(5) (referred to as the future technologies; and the state has so to ensure they are consistent with the ‘‘black box’’), including the submitted enforceable commitments to April 5, 2010, revisions to the general requirements concerning contingency timely develop and adopt contingency conformity regulations or to ensure the measures, therein, may satisfy the CAA measures to be implemented if the section 172(c)(9) and 182(c)(9) anticipated future technologies do not contingency measure requirements for 47 achieve planned reductions. The EPA is USDA Forest Service and Natural Resources the area provided the state has already Conservation Service, Basic Smoke Management finalizing its proposal to allow states to Practices Tech Note, October 2011, http:// submit, for Extreme nonattainment www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/ 49 See the April 16, 1992 General Preamble stelprdb1046311.pdf. section III.A.3.c (57 FR 13498 at 13511). areas, enforceable commitments to 48 For areas designated in 2012, the effective date 50 See Louisiana Environmental Action Network develop and adopt contingency was July 20, 2013. (LEAN) v. EPA, 382 F.3d 575 (D.C. 2004). measures meeting the requirements of

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182(e)(5) to satisfy the requirements for consider the degree of air quality in light of local circumstances, and of both attainment contingency measures improvement that may be needed in measures being implemented in other in CAA sections 172(c)(9) and 182(c)(9). developing RFP plans and contingency states. 78 FR 34187, at 34194 (June 6, These enforceable commitments must measures. 2013). This interpretation of RACM has obligate the state to submit the required Comment: Several commenters been upheld in court (e.g., Sierra Club contingency measures to the EPA no supported, and no commenters objected v. EPA, 294 F.3d 155, 162–163 (D.C. Cir. later than three years before any to using CAA section 182(e)(5) authority 2002)). Thus, the EPA believes that it is applicable implementation date, in to approve contingency measure plans appropriate to require that an area accordance with CAA section for Extreme nonattainment areas where seeking to rely on the anticipated 182(e)(5).51 We note that this does not, the attainment plan is based on development of new technology however, relieve states from obligations development of new or improved demonstrate that its plan includes all to submit contingency plans as required control measures. control measures that come within this by CAA sections 172(c)(9) and 182(c)(9) Response: We appreciate the definition of ‘‘reasonably available.’’ for periods in the first 10 years after supportive comments. We recognize The EPA does not believe it is necessary designation. that all areas must meet the contingency for an area to demonstrate the use of plan requirements of CAA sections 3. Comments and Responses measures that go beyond that definition 172(c)(9) and 182(c)(9). We agree that in order to meet contingency measure Comment: Commenters urged the EPA CAA section 182(e)(5) provides the requirements. to provide flexibility to states when agency with discretion to approve an adopting, subject to the EPA approval, Extreme area attainment plan that relies, I. How do the NSR requirements apply contingency measures into the SIP that in part, on the future development of for the 2008 ozone NAAQS? are ready for implementation should the new control technologies or 1. Major NSR Requirements for the 2008 area fail to either meet milestones or improvements of existing control Ozone NAAQS attain. Commenters requested that the technologies. This authority can be EPA allow air quality improvement exercised as long as the state has The NSR programs established in measurements to be taken into demonstrated that: All reasonably parts C and D of title I of the CAA consideration for purposes of evaluating available control measures, including contain specific requirements for the the level of emission reductions RACT, have been included in the plan; preconstruction review and permitting necessary to meet the contingency the area’s RFP demonstration during the of new or modified major stationary measure requirements when providing first 10 years after designation does not sources of air pollutants. In attainment ‘‘approximately’’ 1 year’s worth of rely on anticipated future technologies; and unclassifiable areas, the progress for contingency measures. and the state has submitted enforceable requirements under part C apply for the Commenters indicated that a similar air commitments to timely develop and prevention of significant deterioration quality improvements approach has adopt contingency measures in the (PSD) program. In nonattainment areas, been used in approving PM2.5 event that anticipated future the requirements under part D apply for contingency measures. technologies do not achieve planned the nonattainment NSR program. We Response: The EPA’s long-standing reductions. commonly refer to the PSD and interpretation is that a 3 percent Comment: One commenter argued nonattainment NSR programs together emissions reduction from the RFP that an Extreme nonattainment area as the ‘‘major NSR programs.’’ baseline, rather than a specific ozone seeking to rely on the CAA section The regulations for the major NSR concentration improvement, is the 182(e)(5) ‘‘black box’’ should be programs are contained in 40 CFR minimum contingency measure required to demonstrate that it has 51.166 and 52.21 for PSD, and 51.165, adoption requirement under subpart 2. adopted all feasible controls, even if 52.24 and part 51, Appendix S for The EPA did not propose to alter this they do not advance attainment by a nonattainment NSR.53 Among other guidance. However, we note that if the year and regardless of whether they things, in unclassifiable and attainment contingency measures are ever triggered constitute ‘‘reasonably available control areas, the PSD program requires a new for an area, states may take air quality measures,’’ and that the EPA should major source, or a major modification to considerations into account in ‘‘change its interpretation of RACT and an existing major source, to obtain a determining whether a subset of RACM, which currently allows areas to permit that satisfies PSD requirements, measures amounting to less than 3 avoid adopting and implementing including the application of best percent emissions reduction are all that feasible measures.’’ available control technology (BACT) for is necessary to be implemented to cure Response: The EPA believes that both ‘‘each pollutant subject to regulation the identified failure.52 The its long-standing interpretation of under [the CAA],’’ conducting an air implementation of PM2.5 NAAQS is RACM and its focus on whether control quality impact analysis, and complying governed by statutory and regulatory measures are ‘‘reasonably available’’ with requirements related to the requirements that are separate from, and provide an appropriate framework for protection of Class I areas. not identical to, ozone implementation determining when to exercise the As part of the required air quality and provide flexibility for states to discretion provided by CAA section impact analyses, section 165(a)(3) of the 182(e)(5). As noted in the proposal, the CAA provides that the owner or 51 For example, where a state intends to rely on determination of whether a SIP contains operator of a proposed facility must, CAA section 182(e)(5) commitments to satisfy the all RACM requires an area-specific among other things, demonstrate that CAA section 182(c)(9) contingency measure analysis establishing that there are no ‘‘emissions from construction or requirement for an RFP milestone in year 2022, the commitments must obligate the state to submit additional economically and technically operation of such facility will not cause, adopted contingency measures to the EPA no later feasible control measures (alone or than 2019. (i.e., 3 years before RFP contingency cumulatively) that will advance the 53 As appropriate, certain nonattainment NSR measures for 2022 would be implemented. attainment date by 1 year. This requires requirements under 40 CFR 51.165 or Appendix S 52 See ‘‘Guidance for Growth Factors, Projections, can also apply to sources and modifications located and Control Strategies for the 15 Percent Rate-of- close review of any measure that a in areas that are designated attainment or Progress Plans,’’ U.S. EPA, March 1993, page 83 commenter identifies as reasonably unclassifiable in the Ozone Transport Region. See, (EPA–452/R–93/002). available for implementation in the area e.g., CAA 184(b)(2), 40 CFR 52.24(k).

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or contribute to, air pollution in excess the Federal Register, the area 2008 ozone NAAQS classification, must of any . . . national ambient air quality designations for the 1997 ozone NAAQS be used for anti-backsliding purposes. standard in any air control region.’’ The will no longer be considered current However, for purposes of determining EPA has generally interpreted this designations; thus, all areas designated whether a prospective offset can be statutory requirement, and the attainment for the 2008 ozone NAAQS obtained from a nonattainment area corresponding regulations will be subject to PSD requirements. In other than the one in which a new or implementing EPA’s federal PSD the proposal, the EPA explained that modified source would be located, the permitting program at 40 CFR 52.21(k) this result was based on its requirements under section 173(c)(1) of and establishing minimum requirements interpretation of the PSD regulations at the CAA must be satisfied. CAA section for PSD programs approved into SIPs at 40 CFR 51.166(i)(2) and 52.21(i)(2), but 173(c)(1) requires, in part, that the 40 CFR 51.166(k), to include a recognized that those provisions did not nonattainment area from which the demonstration for any NAAQS that is in expressly say that a nonattainment offset is obtained must have ‘‘an equal effect at the time a final permit decision designation for a revoked standard does or higher nonattainment classification is issued.54 See, e.g., 73 FR 28321, not trigger the exemption from PSD than the area in which the [new or 28324, 28340 (May 16, 2008); 78 FR requirements contained in those modified] source is located. . . .’’ After 3253 (Jan. 15, 2013); Memorandum from provisions. 78 FR 34216–17. the revocation takes effect, the historical Stephen D. Page, Director, Office of Air Accordingly, the EPA requested classification for the revoked NAAQS, Quality Planning & Standards, entitled comment on whether amendment of 40 to the extent that it is lower than the ‘‘Applicability of the Federal Prevention CFR 51.166(i)(2) and 52.21(i)(2) is classification in the nonattainment area of Significant Deterioration Permit necessary to achieve that outcome and where a new or modified source would Requirements to New and Revised on how such an amendment, if any, be located, would not preclude National Ambient Air Quality should be worded. After additional obtaining the offset from that area, so Standards,’’ to the EPA Regional Air consideration, we believe there is a need long as (1) the current classification for Division Directors and Deputies (April for us to amend these provisions to the ozone NAAQS for that area is equal 1, 2010). further clarify the application of the to or higher than the current In the proposal, the EPA indicated exemption they contain. Therefore, the classification of the nonattainment area that, since the May 27, 2008, effective EPA is amending its PSD regulations at where the new or modified source is date of the 2008 ozone NAAQS, permit 40 CFR 51.166(i)(2) and 52.21(i)(2) as a locating and (2) the other requirements applications for new major stationary logical outgrowth of the proposal and under section 173(c)(1) of the CAA are sources and major modifications have the submitted comments to clarify that satisfied. been subject to the PSD program historical designations for a revoked Some states may have already in their requirements for ozone under two sets NAAQS should not be considered in SIP a nonattainment NSR program of circumstances: (1) Prior to the determining whether PSD requirements consistent with part D of the CAA that designation of areas for the 2008 ozone apply for that pollutant once the can be applied to new nonattainment NAAQS, sources locating in areas revocation becomes effective in an area. areas. In such situations, permitting designated attainment or unclassifiable For any area that is designated authorities should have begun applying for the 1997 ozone NAAQS; and (2) on nonattainment for the 2008 ozone the nonattainment NSR requirements in and after the July 20, 2012, effective NAAQS, the historical designations and permitting actions for new and modified date of area designations for the 2008 classifications resulting from the major sources that trigger major source ozone NAAQS, sources locating in areas revoked 1997 ozone NAAQS will permitting requirements for ozone in designated as attainment or continue to serve to identify new nonattainment areas starting from unclassifiable for both the 1997 and nonattainment NSR anti-backsliding the effective date of the 2008 ozone 2008 ozone NAAQS. If, however, an requirements (i.e., major source designations (July 20, 2012). area was designated attainment or thresholds and emissions offset ratios) For a newly designated (or unclassifiable for the 2008 ozone that need to be taken into account in redesignated) nonattainment area for the NAAQS on and after July 20, 2012, but issuing nonattainment NSR permits to 2008 ozone NAAQS in a state with a SIP was designated nonattainment for the major stationary sources and major that specifically lists the areas in which 1997 ozone NAAQS, consistent with the modifications.55 As indicated nonattainment NSR requirements under PSD regulations at 40 CFR 51.166(i)(2) previously, the designations and part D apply, or in a state that currently and 52.21(i)(2), the nonattainment classifications for the revoked standard has no approved nonattainment NSR designation would require application should not be regarded as current program, there will be an interim period of nonattainment NSR for permits designations and classifications once between the July 20, 2012, designation issued to new and modified sources the revocation takes effect. For example, date and the date when the EPA locating in that area that trigger major in implementing the emissions offset approves the state’s amended SIP, NSR requirements for ozone until the requirements for nonattainment NSR, which must be revised to adequately revocation of the 1997 ozone NAAQS is offset ratios based on the classification address the nonattainment NSR effective. In this rulemaking, the EPA is for the revoked standard, to the extent requirements for the 2008 ozone revoking the 1997 ozone NAAQS for all more stringent than the ratios for the NAAQS contained in this final rule. In purposes. Accordingly, as explained in the proposal, we explained that during section IV.A of this preamble, as of 30 55 In this final rule, the anti-backsliding this interim period, nonattainment NSR days after the publication of this rule in requirements for nonattainment NSR are codified in requirements for the 2008 NAAQS are 40 CFR 51.1105, and are described in Section IV.B governed by the EPA’s Emission Offset of this preamble. The nonattainment NSR 54 The EPA received comments relating to regulations at 40 CFR 51.165 have been amended Interpretative Ruling codified in statements in the proposal about its discretion to in this final rule to add new paragraph (a)(12), Appendix S to 40 CFR part 51. Among grandfather permit applications in appropriate which references those anti-backsliding other things, in general, Appendix S circumstances. Since this NAAQS has been in effect requirements. Also, as proposed, a new section VII requires new or modified major sources since 2008, the EPA is not adding a grandfathering has been added to Appendix S to set forth the anti- provision in this final rule and those comments are backsliding requirements that must be followed in nonattainment areas to meet the discussed further in the Response to Comments when states issue nonattainment NSR permits lowest achievable emission rate (LAER) document. under that Ruling. and obtain sufficient offsetting

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emissions reductions to assure that the To clarify, there is now a distinction requirements under section 173(c)(1) of new or modified major sources will not between the length of time during the CAA, emissions offsets must be interfere with the area’s progress toward which waivers may be granted under obtained from the same nonattainment attainment. In addition, a new section section VI of Appendix S and the length area, except that the state may allow a VII of Appendix S has been added as of time the remainder of Appendix S source to obtain offsets from another part of this final rule to set forth the applies as an interim nonattainment nonattainment area if (1) that area has anti-backsliding requirements that must NSR program. No section VI waivers an equal or higher nonattainment be addressed in order to issue a may be granted beyond 18 months from classification than the nonattainment nonattainment NSR permit under the date of designation. The remainder area in which the source requiring the Appendix S. That language for section of Appendix S, however, is not subject offsets is located, and (2) emissions from VII is being finalized with only minor to an 18-month time limitation. It will that other area contribute to a violation modifications to what was proposed. remain as the basis for air agencies to of the NAAQS in the nonattainment Readers should refer to 40 CFR part 51, issue nonattainment NSR permits in area in which the source requiring the Appendix S for a better understanding new ozone nonattainment areas until offsets is located. Accordingly, the EPA of the Appendix S permitting the EPA approves a state’s does not intend to revise the existing requirements. nonattainment NSR program for the requirements as to where emissions In the proposal, the EPA explained 2008 ozone NAAQS under the SIP for offsets may be obtained to allow use of that the time period for the NSR waiver the area. Specifically, section IV of offsets from attainment areas. provision contained in section VI of Appendix S contains preconstruction Appendix S, enabling permitting requirements for proposed sources and 3. Facilitating New Source Growth in authorities in specified circumstances to modifications, which reflect the Nonattainment Areas issue nonattainment NSR permits that requirements contained in part D of the a. Offset Banks do not require LAER or emissions CAA for ozone nonattainment areas. States can help facilitate continued offsets as are otherwise required under The requirements in section IV should economic development in a section IV of appendix S, was limited by be met consistent with the anti- the court’s ruling in NRDC v. EPA, 571 backsliding requirements contained in nonattainment area by establishing F.3d 1245 (D.C. Cir. 2009). The court’s new section VII of Appendix S. offset banks or registries. Such banks or ruling was the result of a petition filed registries can help new or modified in response to the EPA’s Phase 2 Rule 2. Offset Requirements and Policy major stationary source owners meet for the 1997 ozone NAAQS in which the To satisfy requirements under section offset requirements by streamlining EPA revised 40 CFR 52.24(k). The 173 of the Act, new and modified major identification and access to available revision to paragraph (k) eliminated sources in nonattainment areas must emissions reductions. Some states have language stating that if a nonattainment secure emissions reductions (i.e., established offset banks to help ensure area did not have an approved ‘‘offsets’’) to compensate for a proposed a consistent method for generating and 57 nonattainment NSR program within 18 emissions increase. Offsets are transferring NOX and VOC offsets. months after designation, Appendix S generated by emissions reductions that Offsets in these areas are generated by would no longer apply and a meet specific creditability criteria set emissions reductions that meet specific construction ban would apply instead. forth by the SIP consistent with EPA creditability criteria set forth by the SIP 70 FR 71612 (November 29, 2005). The regulations. See, 40 CFR consistent with EPA regulations. See effect of the revision was to extend the 51.165(a)(3)(ii)(A)–(J) and part 51 existing 40 CFR 51.165(a)(3)(ii)(A)–(J) applicability of Appendix S, including Appendix S section IV.C.56 One and part 51 Appendix S section IV.C. the section VI waiver provision, to cover commenter suggested that b. Interprecursor Offset Substitution the full period from the date of nonattainment NSR major source designation to the date on which the construction and major modification In the proposal, the EPA recognized EPA approved the nonattainment NSR offsets should be available outside the that states could establish SIP for a new NAAQS. nonattainment area (from attainment interprecursor 58 offset substitution In NRDC v. EPA (571 F.3d 1245 (D.C. areas) due to the possibility that new provisions, which would create Cir. 2009)), the court vacated ‘‘the sources would develop in attainment additional flexibility in meeting offset elimination of the 18-month time limit areas in close proximity to the boundary requirements by allowing NOX for NSR waivers under Appendix S’’ on of the ozone nonattainment area with emissions reductions to satisfy VOC the grounds that it violated section subsequent impact on the offset requirements and vice versa. See 172(e) of the CAA (571 F.3d at 1276). As nonattainment area. Further, the 78 FR at 34201. The EPA received no a result of the court’s vacatur of the commenter seemed to suggest that adverse comments on whether to allow extension of the 18-month time limit for emissions reductions from these close such interprecursor trading for ozone section VI of Appendix S, no section VI proximity sources should also be and no comment suggested that such waivers may be granted beyond 18 allowed to be used as offsets within the trading is not or should not be allowed months from the date of designation for adjacent nonattainment area. The for ozone. In fact, all comments any NAAQS. commenter’s suggestion fails to address addressing the EPA’s statements in the Several commenters requested that the statutory requirements for offsets proposal concerning interprecursor the EPA clarify how the court’s decision and, more specifically, does not trades for ozone for nonattainment NSR affects the implementation of Appendix confront the statutory provisions permitting were in support of allowing S as an interim nonattainment NSR restricting where offsets can be obtained NOX emissions reductions to satisfy program. While most commenters from. In accordance with the VOC offset requirements and vice versa. understood that the vacatur applied only to the removal of the 18-month 56 See also, the EPA’s ‘‘Improving Air Quality 57 See, for example, emission reduction credit deadline for the section VI waiver, one with Economic Incentive Programs’’ document at banking programs in Ohio (OAC Chapter 3745– http://www.epa.gov/region07/air/nsr/nsrmemos/ 1111) and California (H&SC Section 40709). commenter seemed to interpret the eipfin.pdf. For additional memoranda and guidance 58 For purposes of this rulemaking, we are using vacatur to apply to appendix S in its documents, see http://www.epa.gov/region7/air/ the terms interprecursor and interpollutant entirety. nsr/nsrindex.htm. interchangeably.

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Although there were no adverse information and responses to comments A). We also proposed to follow our comments relating to the EPA’s ability with respect to interprecursor trading existing guidance, titled ‘‘Public to allow interprecursor trading for concerns. Hearing Requirements for 1990 Base- ozone, the EPA recognizes that the Year Emissions Inventories for Ozone c. Economic Development Zones (EDZs) current language of 40 CFR and Carbon Monoxide Nonattainment 51.165(a)(11) and part 51 Appendix S Section 173(a)(1)(B) of the CAA Areas’’ in implementing certain SIP IV.G.5 could be read to limit authorizes the Administrator, in adoption and submission procedures for interprecursor trading to PM2.5, and thus consultation with the Secretary of the emissions inventory requirements to preclude this kind of interprecursor Housing and Urban Development under CAA sections 182(a)(1) and trading for ozone precursors (NOX and (HUD), to identify areas within 182(a)(3)(A) for purposes of the 2008 VOC). However, the EPA has issued nonattainment areas as ‘‘zone[s] to ozone NAAQS. previous guidance that clearly allows which economic development should be b. Final Action and Rationale for such interprecursor trading for ozone targeted.’’ Under this section, new or precursors.59 While the EPA did not modified major stationary sources that We are generally finalizing as specifically propose to amend the locate in such a zone are relieved of the proposed, although in light of comments nonattainment NSR regulations to NSR requirement to obtain emission received we made small changes to address interprecursor trading for offsets if (1) the relevant SIP includes an address reporting of ozone season day ozone, the proposal indicated the EPA’s NSR nonattainment program that has and partial county emissions not intent to continue to allow states to established emission levels for new and currently addressed in the AERR, as establish provisions that allow for such modified major sources in the zone explained below. CAA section interprecursor trading for ozone (‘‘growth allowance’’), and (2) the 182(a)(3)(A) requires that states submit precursors. emissions from new or modified periodic emission inventories no later As noted previously, the EPA stationary sources in the zone will not than the end of each 3-year period after received no adverse comments on the cause or contribute to emission levels submission of the base year inventory interprecursor aspect of the proposal. that exceed such growth allowance. for the nonattainment area. This Commenters did, however, indicate CAA section 172(c)(4) of the CAA requirement applies to Marginal and support for ensuring in the final requires that the growth allowance be above ozone nonattainment areas. Thus, rulemaking that interpollutant trading consistent with the achievement of states must submit this periodic would continue to be allowed, and one reasonable further progress, and that it inventory no later than the end of each commenter indicated support for will not interfere with attainment of the 3-year period after submission of the measures similar to what was applicable NAAQS by the applicable base year inventory for the authorized in the final 2008 PM2.5 attainment date for the nonattainment nonattainment area. The periodic NAAQS implementation rule, see 73 FR area. The EPA is willing to work with inventory required by this final rule 28321, which revised the regulations HUD and states to identify potential must include ozone season day and Appendix S to allow for areas that could be identified as EDZs. emissions of VOC and NOX for point, interprecursor trading for PM2.5 nonpoint and mobile sources (on-road precursors. 4. Deadline for Submitting and non-road) and fire-related event Accordingly, the EPA is taking action Nonattainment NSR Program SIPs for emissions. On December 4, 2008, the in this final rulemaking to amend the 2008 Ozone NAAQS EPA promulgated the AERR rule (40 regulatory text in both 40 CFR 51.165 As explained in section III.A of this CFR 51, subpart A). The AERR requires and Appendix S as a logical outgrowth preamble, several commenters noted states to submit comprehensive of the proposal and the submitted that the EPA’s proposed rulemaking did statewide 3-year cycle annual emission comments to ensure that the offset not address the SIP submittal deadline inventories (2008, 2011, 2014, etc.) for provisions of both rules are consistent for the nonattainment NSR program for a number of pollutants (see list provided with our proposal and our ongoing the 2008 ozone NAAQS. As explained at 40 CFR 51.15(a)) regardless of an position to allow such trades for the in section III.A, the final rule includes area’s attainment status. During the ozone precursors (VOC and NOX). See a deadline of 3 years from the effective submission of the 3-year cycle revised 40 CFR 51.165(a)(11) and part date of designation for states to submit inventories in accordance with the 51 Appendix S IV.G.5. These changes in their nonattainment NSR program SIPs AERR, states may also submit ozone the regulatory text are intended to for the 2008 ozone NAAQS. The season day emissions to meet the clarify that interprecursor trading rationale for this deadline appears in periodic inventory requirement of this continues to be an option for the ozone section III.A of this preamble. rule. If the periodic inventory required precursors VOC and NOX, as long as by this rule is not included in the AERR such trades are consistent with existing J. What are the emission inventory and submission, then it must be submitted policy and legal requirements; these emission statement requirements? to the EPA through other mechanisms in revisions are not intended to change the 1. Emission Inventory Requirements coordination with the Regional Office. underlying requirements for such Emission inventory elements submitted trades. Please refer to the Response to a. Summary of the Proposal per the AERR that are relied on in the Comments document in the docket for We proposed that states should rely SIP also need to be adopted through the this rulemaking for more detailed on their 3-year cycle inventory as SIP submittal requirements per 40 CFR described by the Air Emissions 51.100 et seq. 59 ‘‘Improving Air Quality with Economic Reporting Requirements (AERR) to meet We are finalizing the requirement that Incentive Programs’’ document at http:// 182(a)(3)(A) periodic inventory states use the reporting requirements of www.epa.gov/region07/air/nsr/nsrmemos/ eipfin.pdf. In this document, the EPA stated: obligations and that the emissions the AERR to determine the data ‘‘[o]zone interprecursor trading can be used to meet reporting requirements of the AERR be elements required for such inventories, NSR offset requirements, regardless of whether the applied to determine all of the data while including an additional NSR offset emission reductions are generated elements required for such inventories requirement to report ozone season day through an EIP.’’ Id. at 244. For additional memoranda and guidance documents, see http:// (see, e.g., Tables 2A, 2B, 2C and 2D of emissions, as defined in this final rule, www.epa.gov/region7/air/nsr/nsrindex.htm. 40 CFR part 51, subpart A, Appendix rather than the AERR requirement for

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annual emissions for both the base year annual emissions for both the base year well as links to the Federal Register inventory for the nonattainment area inventory for the nonattainment area Notice approving that version, and links and the periodic inventory. and the periodic inventory. to guidance documents with much more Additionally, the EPA has included Inventories of partial-county detail on when and how MOVES should within 40 CFR 51.1100(bb) and (cc) of nonattainment areas must match the be used can be found at: http:// this final rule definitions pertaining to spatial extent of the nonattainment area www.epa.gov/otaq/models/moves/ base year inventory and the ozone to include only emissions within the index.htm. For California, consult with season day emissions, in response to nonattainment area. The EPA the EPA Region 9 Office for the several significant comments as acknowledges the challenges associated information on the latest approved explained in section III.J.1.c of this rule. with partial county inventories and has version of the EMFAC (EMissions Accordingly, a base year inventory for prepared an updated draft of the FACtors) model. Emissions from non- the nonattainment area is due no later emissions inventory guidance (see road equipment should be estimated than 2 years after the effective date of below) to provide additional with the latest official version of the designations, and the emissions information for air agencies to use in EPA’s NONROAD model, and other included in this inventory must be preparing partial county emissions. The appropriate methods for estimating ozone season day emissions as defined base year inventory for the emissions from sources not covered by in CAA section 51.1100(cc) of this rule. nonattainment area is used as the these models. Links to Federal Register A periodic inventory must be submitted baseline for RFP plans to achieve notices and policy guidance memos on on intervals no later than the end of emissions reductions within the the latest approved versions of MOVES each 3-year period after submission of nonattainment area. As explained more and NONROAD can be found at the base year inventory for the fully in section III.C of this preamble, http://www.epa.gov/otaq/models.htm. nonattainment area. the EPA has determined that emissions The EPA has concluded that ozone reductions in areas outside the Additional information is available to season day emissions are the most nonattainment area cannot be included states for all emissions sources and appropriate temporal basis for in the area’s RFP demonstration. Thus, quality assurance in the form of developing the emissions to be included the EPA has concluded that for guidance. States should consult the in this inventory, rather than summer nonattainment areas with partial county latest version of the guidance document day emissions as required by past boundaries, all inventories must be ‘‘Emission Inventory Guidance for implementation rules or the AERR. The developed to reflect the partial county Implementation of Ozone and EPA believes that summer day boundaries. This requirement partly Particulate Matter National Ambient Air emissions required previously are an supersedes the requirement to use the Quality Standards (NAAQS) and insufficient nomenclature, since in AERR data elements, such that for Regional Haze Regulations,’’ EPA–454/ some areas nonattainment may be due nonpoint and mobile sources, the R–05–001 (latest final November 2005; to ozone exceedances in months other county field required by the AERR revised draft April 2014) and any than summer months (e.g., wintertime), should be replaced by a separate subsequent updates to that guidance and necessitate focusing planning identifier to indicate the partial county that the EPA makes available (which efforts on emissions occurring during nonattainment area. Because of this can be found at http://www.epa.gov/ttn/ the most relevant time period. Other partial difference in requirements, chief/eidocs/eiguid/index.html). States than changing the name to be more periodic inventories for partial county should submit inventories that are inclusive, the definition of the nonattainment areas cannot be reported appropriate for each nonattainment area emissions to be included is essentially to the EPA as part of a state’s AERR/NEI and consistent with the EPA’s guidance. the same as the previous definition. triennial inventory submission. Instead, As indicated previously, some Ozone season day emissions means an states must make available the inventory inventories submitted to meet the average day’s emissions for a typical data to the EPA as electronic files in requirements of CAA sections 182(a)(1) ozone season work weekday as defined some other electronic media, such as and 182(a)(3)(A) may be used in the in CAA section 51.1100(cc). The state FTP, zip drives, or DVDs. development of RFP plans and/or will select, subject to EPA approval, the For all inventories that are used in attainment demonstrations. The EPA particular month(s) in the ozone season developing RFP plans or attainment expects that the base year inventory for and the day(s) in the work week to be demonstrations, mobile source the nonattainment area will serve as the represented. The selection of days emissions should be estimated using the RFP plan baseline. As such, the EPA should be coordinated with the latest emissions models, data and requires the methodologies used to conditions assumed in the development planning assumptions available at the develop these inventories to be clearly of RFP plans and/or emissions budgets time the SIP is developed. The latest documented and the inventories for transportation conformity to allow approved models should be used to themselves to be subject to public comparability of daily emissions estimate emissions from on-road and participation requirements and formal estimates. The days should represent non-road sources, in combination with approval/disapproval by the EPA.60 the conditions that contribute to high the latest available estimates of vehicle ozone that led to a nonattainment miles traveled (VMT), vehicle 60 In comparison, the AERR emissions data are designation. population, and/or equipment activity. submitted by the states to the EPA, electronically For all inventories submitted to the States are advised to check the EPA Web via the Emission Inventory System to the National EPA for this rule, states must use the pages for the currently approved mobile Emissions Inventory (NEI), and public review is not reporting requirements of the AERR to source models and to consult with the required for NEI purposes. The states submit data to the NEI inventory 12 months after the NEI determine which sources are reported as EPA Office of Transportation and Air inventory year (i.e., calendar year 2011 NEI point sources as well as the detail (i.e., Quality and their Regional Office to inventory data were to be submitted by December data elements) required for such determine the versions of models to use 31, 2012). The NEI process provides for the states inventories, with the exception of the for their SIPs for the 2008 ozone to review the data as collected by the EPA before the EPA officially publishes the data. Under the emissions values. The emissions values NAAQS. For on-road mobile emissions current process, the EPA intends to publish the data must be ozone season day emissions in states other than California, the 6 months after the AERR data are required to be rather than the AERR requirement for current approved version of MOVES, as submitted to the EPA.

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The EPA is not finalizing the small changes from the proposed rule. similarly applies to all areas designated proposed approach, where we advised In particular, commenters noted that the nonattainment for the 2008 ozone that states could follow our existing proposed rule failed to clearly indicate NAAQS. Most areas that need an September 29, 1992, guidance, titled, the need for seasonal or summer day emission statement program already ‘‘Public Hearing Requirements for 1990 emissions values in the required have one in place due to a Base-Year Emissions Inventories for inventories and for use in the RFP plan. nonattainment designation for an earlier Ozone and Carbon Monoxide Different commenters suggested ozone NAAQS. If an area has a Nonattainment Areas’’ in implementing different terms, time periods, and previously approved emission statement certain SIP adoption and submission emissions bases to use in the inventories rule in force for the 1997 ozone NAAQS procedures for the emissions inventory and plans, including summer day, or the 1-hour ozone NAAQS that covers requirements under CAA sections typical summer day, high ozone season all portions of the nonattainment area 182(a)(1) and 182(a)(3)(A) for purposes day, and maximum daily. These for the 2008 ozone NAAQS, such rule of the 2008 ozone NAAQS. In that comments and others noted the should be sufficient for purposes of the guidance, the EPA indicated it could discrepancy with this rule and proposed provide states with a time-limited ‘‘de changes to the AERR, in that seasonal emissions statement requirement for the minimis’’ deferral of the CAA’s state emissions were not expressly required 2008 ozone NAAQS. The state should public hearing requirement for the by either the proposed ozone review the existing rule to ensure it is emissions inventory SIP revision requirements rule or the proposed AERR adequate and, if it is, may rely on it to required to be submitted for each changes. As a result of these comments, meet the emission statement nonattainment area within 2 years of the the EPA has included the requirement requirement for the 2008 ozone NAAQS. date of designation. The EPA continues in this rule as a logical outgrowth for In cases when an existing emission to believe that there are valid policy ozone season day emissions, as defined statement requirement is still adequate reasons to provide such a deferral since in this final rule, to be used in emission to meet the requirements of this rule, the inventories alone do not have inventories submitted for ozone SIPs. states can provide the rationale for that significant regulatory context without One commenter noted that partial determination to the EPA in a written the accompanying area-specific RFP county areas are not expressly statement in the SIP to meet this plans or attainment plans, which are not addressed in the emissions inventory requirement. States should identify the required to be submitted until the 3rd requirements and pointed out that it various requirements and how each is year after designations at the earliest. will be burdensome for states to create met by the existing emission statement However, as a general matter the CAA partial county inventories. The EPA program. In cases when an emission clearly requires that SIP submittals, addresses partial county emissions in statement requirement is modified for including emissions inventories (see this final rule by specifically defining any reason, states must provide the CAA sections 182(a)(1) and the emissions to be included as ‘‘within revisions to the emission statement as 182(a)(3)(A)), must meet the the boundaries of the nonattainment part of their SIP. requirements of CAA section 110(a)(2), area’’ and clarifies in this preamble that which includes the requirement that the such partial county estimates are still K. What are the ambient monitoring state provide reasonable notice and needed to comply with the CAA requirements? public hearing for SIP submittals. As requirements for inventories and RFP there is nothing in these CAA plans. The EPA’s ambient monitoring provisions that provides for waiver or requirements are contained in 40 CFR 2. Source Emission Statements delay of the public notification and part 58. Monitoring rule amendments hearing requirements specified in CAA States must develop emission published on October 17, 2006, (71 FR section 110(a) de minimis or otherwise, reporting programs, called emission 61236) established minimum ozone we no longer believe it is appropriate to statement programs, for VOC and NOX monitoring requirements based on advise states to follow the 1992 sources in accordance with CAA section population and levels of ozone in an guidance. We instead remind states that 182(a)(3)(B). The required state program area to better prioritize monitoring the EPA’s implementing regulations at and associated regulation defines how resources. The minimum monitoring 40 CFR part 51 (Requirements for states obtain emissions data directly requirements are contained in Table D– Preparation, Adoption, and Submittal of from facilities and report it to the EPA. 2 of Appendix D to part 58. The Implementation Plans) provide States should coordinate their emission Photochemical Assessment Monitoring flexibility for states to streamline SIP- statement regulations with the Station (PAMS) program, required by related public notification and hearing requirements laid out in this rule, which CAA section 182(c)(1), collects procedures (for example, only holding a includes coordination with enhanced ambient air measurements in requirements of the AERR. public hearing if one is requested, per ozone nonattainment areas classified as The EPA published guidance on 40 CFR 51.102), and we encourage states Serious, Severe, or Extreme. The to take advantage of those provisions in source emission statements in a July 1992 memorandum titled, ‘‘Guidance on monitoring rule amendments published meeting the emissions inventory on October 17, 2006, reduced the requirements under CAA sections the Implementation of an Emission minimum PAMS requirements. The 182(a)(1) and 182(a)(3)(A). Statement Program.’’ A memorandum titled, ‘‘Emission Statement revisions were intended to require the c. Comments and Responses Requirements Under 8-hour Ozone retention of the minimum common Commenters provided a variety of NAAQS Implementation,’’ dated March PAMS network elements necessary to comments on issues relating to 14, 2006, clarified that the source meet the objectives of every PAMS emissions inventories. A full accounting emission statement requirement under program, while freeing up resources for of those comments and the EPA’s the CAA was applicable to all areas states to tailor other features of their detailed responses are further explained designated nonattainment for the 1997 own PAMS networks to suit their in the Response to Comments document ozone NAAQS and classified as specific data needs. This final rule contained in the docket. Significant Marginal or higher under subpart 2, part makes no changes to these existing comments were made that resulted in D, title I of the CAA. This requirement requirements.

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L. How can an area qualify for a 1-year M. How will the EPA identify whether a standards, MSAs are defined as having attainment deadline extension? potential rural transport nonattainment a central county or counties with an area is adjacent to an urban area? urbanized area of at least 50,000 people, 1. Summary of the Proposal plus adjacent outlying counties having a 1. Summary of Proposal Section 181(a)(5) of the CAA high degree of economic integration addresses the conditions under which The CAA Amendments of 1990 with the central county, as measured an area may be eligible for a 1-year contained section 182(h) that provides a through worker commuting ties. extension of its attainment date. ‘‘rural transport’’ determination for Multiple counties are included in a Because that statutory provision was ozone nonattainment areas that are rural MSA if at least 25 percent of employed written for an exceedance-based in nature and can demonstrate that residents in the central county commute standard, such as the 1-hour ozone sources in the area do not make a to work in one or more adjacent NAAQS, the EPA established through significant contribution to ozone counties. The term CMSA was retired in the Phase 1 Rule (40 CFR 51.907) an concentrations measured in the area or 2003 with the introduction of Core interpretation that would apply to a in other areas. These areas are subject to Based Statistical Area concepts. We concentration-based standard, such as Marginal nonattainment area proposed to interpret the references to the 1997 ozone NAAQS.61 We proposed requirements, regardless of the area’s both MSA and CMSA in CAA section the same approach as set forth in 40 classification under CAA section 181(a). 182(h) to refer to the new Census CFR 51.907 for purposes of the 2008 This distinction was created for rural Bureau definition for the term MSA. nonattainment areas whose ozone ozone NAAQS, which like the 1997 2. Final Action and Rationale ozone NAAQS is a concentration-based problem is the result of ozone and/or precursors transport into the area that is standard. We are finalizing, as proposed, the so overwhelming that the contribution interpretation of the references to both 2. Final Action of local emissions to ozone MSA and CMSA in CAA section 182(h) concentrations above the level of the The EPA is finalizing the proposed to refer to OMB’s current definition of NAAQS is relatively minor and that approach. An area that fails to attain the MSA. Accordingly, to qualify as a rural emissions within the area do not 2008 ozone NAAQS by its attainment transport nonattainment area, the significantly contribute to ozone date would be eligible for the first 1-year nonattainment area’s boundary could measured in other areas. extension if, for the attainment year, the not include or be adjacent to a current One qualifying consideration for a OMB-defined MSA. Under this area’s 4th highest daily maximum 8- rural transport area determination is the hour average is at or below the level of approach, any nonattainment area lack of adjacency of the candidate associated with a Census-defined the standard. The area would be eligible nonattainment area’s boundary to for the second 1-year extension if the micropolitan area (areas with central potentially nearby urban areas. In county or counties containing an urban area’s 4th highest daily maximum 8- general, we would expect a rural hour value, averaged over both the cluster of 10,000–49,999 people plus nonattainment area that has few or adjacent counties having a high degree original attainment year and the first insignificant sources of ozone extension year, is at or below the level of economic and social integration as precursors, yet has a monitor indicating measured through worker commuting) of the standard. Thus, to be eligible for a violation of the NAAQS, to encompass the first 1-year extension, the 4th or an area too sparsely populated to be a relatively small geographic area due to included in a census-defined statistical highest daily maximum 8-hour value for the relative lack of emissions sources.62 an area would need to be at or below area, may be able to qualify as a rural The rural transport area criteria in CAA transport nonattainment area.64 An area 0.075 ppm. The area would be eligible section 182(h) restrict rural transport for the second extension if the area’s 4th seeking to be classified as a rural areas to those nonattainment areas that transport nonattainment area would also highest daily maximum 8-hour value, do not include and are not adjacent to averaged over both the original need to meet the other criteria specified any part of a ‘‘Metropolitan Statistical in CAA section 182(h). attainment year and the first extension Area’’ (MSA) or ‘‘Consolidated year, is less than or equal to 0.075 ppm. The EPA believes this interpretation Metropolitan Statistical Area’’ (CMSA) of CAA section 182(h) is consistent with 3. Rationale as defined by the U.S. Bureau of the the original scope of CAA section 182(h) Census. In 2000, OMB issued new This approach is the same approach as promulgated in 1990 and provides standards 63 for defining statistical areas maximum flexibility for areas to qualify used for implementing the 1997 ozone to replace the pre-existing MSA and NAAQS. The EPA believes this for this determination where CMSA definitions (65 FR 82228; appropriate. We did not receive any approach makes sense for the 2008 December 27, 2000). Under the 2000 ozone NAAQS as well. adverse comments on our proposed interpretation. 4. Comments and Responses 62 Nonattainment area boundaries are determined by the Administrator during the area designations N. What are the special requirements for The EPA received no adverse process governed by CAA section 107(d), and must multi-state nonattainment areas? encompass the area that does not meet the NAAQS comments on the proposed action. as well as any nearby area that contributes to poor Each state within a multi-state ozone air quality in the area that does not meet the nonattainment area is responsible for 61 The exceedance based standard basically NAAQS. While the lack of emissions sources in a meeting all the requirements relevant to allowed the NAAQS level to be exceeded an rural transport nonattainment area foreshadows a average of only once a year over a 3-year period. relatively small area boundary, it may also signal that area. CAA section 182(j)(1)(A) (This is a generalization of how attainment is special challenges in complying with certain requires that states should ‘‘take all determined; the actual method considers other nonattainment area requirements, including reasonable steps to coordinate factors such as completeness of the data.) See 40 conformity for federal projects and new source substantively and procedurally’’ on SIP CFR, appendix H. In contrast, the concentration emissions offsets. States may wish to consider these based standard allows the level of the 8-hour ozone challenges in making nonattainment boundary development. States should coordinate NAAQS to be ‘‘exceeded’’ more than once a year recommendations to the EPA for rural areas during on average because the form (concentration-based) the designations process. 64 During the designations process for the 2008 of that NAAQS is determined by averaging the 4th 63 See http://www.census.gov/population/www/ ozone NAAQS, the EPA did not identify any highest reading for each year over a 3-year period. metroareas/metrodef.html. nonattainment areas as rural transport areas.

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on topics such as determining the Implementation Plan Elements Under and implications of transboundary flows appropriate modeling domain, baseline the Clean Air Act Sections 110(a)(1) and of air pollutants and, where possible, to year, projection years and 110(a)(2),’’ on September 13, 2013,65 on mitigate their impact on U.S. domestic meteorological episodes. In addition, the required elements of the CAA air quality. they should coordinate modeling efforts section 110 infrastructure SIP submittal a. Summary of the Proposal and, as required by CAA section for the 2008 ozone NAAQS. This 182(j)(1)(B), the attainment guidance does not, however, address the Section 179B of the CAA allows the demonstration must be based on requirements of CAA section EPA to approve an attainment photochemical grid modeling or another 110(a)(2)(D)(i). The proposal for this demonstration for a nonattainment area method determined by the EPA to be at rulemaking, and this final rule, also do if: (1) The attainment demonstration least as effective. not address these requirements relating meets all other applicable requirements CAA section 182(j)(2) recognizes that to transport. The EPA will address the of the CAA; and (2) the submitting state in certain instances, one or more states transport requirements in a separate can satisfactorily demonstrate that ‘‘but within a multi-state nonattainment area action. for emissions emanating from outside of may not submit an attainment plan by Where interstate transported the United States,’’ the area would the required date, thus interfering with emissions contribute to an exceedance attain and maintain the ozone standard. the ability of the area as a whole to or violation and come from prescribed The EPA proposed that this could demonstrate attainment. In such case, fire, wildfires or other natural sources, include consideration of any emissions CAA section 182(j) provides that even air agencies may be able to use the from North American or though the area as a whole would not provisions in the EPA’s Exceptional intercontinental sources. Events Rule (40 CFR 50.14) to request be able to demonstrate attainment, the b. Final Action and Rationale sanction provisions of CAA section 179 exclusion of affected data. Once EPA shall not apply in the portion of the concurs with an air agency’s request, the The EPA is finalizing this action as nonattainment area located in a state event-influenced data are officially proposed. The EPA believes that the that submitted all other provisions of an noted and removed from the data set best approach for addressing the attainment plan and demonstrated that used to calculate official design values. potential impacts of international it could have demonstrated attainment Because of previously expressed transport on nonattainment is for states but for the failure of the other state to stakeholder feedback regarding to work with the relevant EPA Regional cooperate. The EPA did not propose any implementation of the Exceptional Office on a case-by-case basis to changes to its prior interpretations of Events Rule and specific stakeholder determine the most appropriate these sections of the CAA (See 70 FR concerns regarding the analyses that can information and analytical methods for 71612), and no comments were received be used to support ozone-related each area’s unique situation. We will on these provisions. Therefore, these exceptional event demonstrations, the work with states that are developing interpretations will continue to apply EPA intends to propose revisions to the plans pursuant to CAA section 179B, for purposes of the 2008 ozone NAAQS. Exceptional Events Rule in a future and ensure the states have the benefit of notice and comment rulemaking effort the EPA’s developing understanding of O. How will the EPA address interstate and will solicit public comment at that international transport of ozone and its and international ozone transport? time. Additionally, the EPA intends to precursors. 1. Interstate Transport develop guidance to address Although monitored data cannot be implementing the Exceptional Events excluded for a determination of whether The EPA recognizes that many states Rule criteria for wildfires that could an area has attained a NAAQS based are affected by transported ozone and affect ambient ozone concentrations. solely on the fact the data are affected ozone precursors from upwind states, Depending on the nature and scope of by emissions from outside the U.S., and that transported pollution may interstate emission events affecting such data may be excluded from contribute significantly to air pollution downward air quality, the EPA may be consideration if they were significantly that exceeds the NAAQS in those states. able to assist states in developing influenced by exceptional events as The CAA establishes states’ approvable exceptional events described in CAA section 319(b). Where responsibilities to address interstate demonstrations. international transport meets the criteria transport through two provisions. First, and procedural requirements contained 2. International Transport CAA section 110(a)(2)(D)(i) obligates in the EPA’s Exceptional Events Rule states to include provisions in their Most ozone air quality problems in (40 CFR 50.14), it may be addressed by infrastructure SIPs to prohibit any the United States are due primarily to that rule.66 Depending on the nature and source or other type of emissions emission sources within the United scope of international emission events activity in one state from contributing States. However, domestic ozone air affecting air quality in the U.S., the EPA significantly to nonattainment, or quality can also be affected by sources may be able to assist states in interfering with maintenance, of the of emissions located across United developing approvable exceptional NAAQS in another state, from States borders in Canada and Mexico, events demonstrations. interfering with required provisions and from other continents. These preventing significant deterioration of contributions to U.S. ozone c. Comments and Responses air quality or from interfering with concentrations from sources outside of Comment: One commenter supported measures to protect visibility in another the United States can affect to varying the EPA’s interpretation of CAA section state. Second, CAA section 126 directs degrees the ability of some areas to 179B to include consideration of any states to include provisions to establish attain and maintain the 2008 ozone emissions from any non-United States a notification process in their NAAQS. The EPA will continue to work source and requested confirmation that infrastructure SIPs through which with our domestic and international the EPA’s interpretation may be applied downwind jurisdictions can be alerted partners to better understand the extent to areas other than those adjoining to specific sources of transported pollution. The EPA issued its 65 See http://www.epa.gov/oar/urbanair/ 66 ‘‘Treatment of Data Influenced by Exceptional ‘‘Guidance on Infrastructure State sipstatus/infrastructure.html. Events; Final Rule’’ (72 FR 13560, March 22, 2007).

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international borders. The commenter analyses specifically focused on the emissions of NOX (as well as other believed that CAA section 179B does circumstances relevant for attainment of criteria pollutants, hazardous air not limit this option to areas, regardless the 2008 ozone NAAQS, rather than a pollutants and greenhouse gases). of classification and believed that the previous ozone NAAQS, since the Energy efficiency policies offer cost EPA did not provide an explanation for standards for granting a waiver relate to savings benefits, and can be a cost- why it proposed limiting the availability attainment of the relevant NAAQS. effective strategy to help achieve air of a determination under CAA section As states evaluate whether to seek a quality goals. The EPA encourages state 179B for Marginal classified areas. NOX waiver, the EPA encourages them adoption of these policies and programs Response: The EPA appreciates the to include consideration of air quality to benefit nonattainment areas and to commenter’s support. The EPA has effects that may extend beyond the reduce the impact of ozone transport on interpreted the Act such that CAA designated nonattainment area. A downwind areas. section 179B allows the EPA to approve petition requesting a NOX exemption for In July 2012, the EPA released the an attainment demonstration if the state the 2008 ozone NAAQS must contain ‘‘Roadmap for Incorporating Energy can satisfactorily demonstrate that ‘‘but adequate documentation that the Efficiency/Renewable Energy Policies for emissions emanating from outside of provisions of CAA section 182(f), some and Programs into State and Tribal the United States,’’ the area would of which relate to attainment impacts in Implementation Plans (SIPs/TIPs)’’ 68 to attain and maintain the ozone standard. other areas, are met. The January 14, clarify guidance on the incorporation of The EPA has historically evaluated 2005 memo 67 provides guidance on EE/RE measures in SIPs/TIPs. The these demonstrations on a case-by-case appropriate documentation for a waiver Roadmap is a ‘‘living’’ document that basis, based on the individual request for application to the 8-hour will be updated periodically as new circumstances. The EPA does not ozone program. The EPA believes this information becomes available. The believe this provision is restricted to guidance is sufficient to cover the 2008 Roadmap describes four pathways that areas adjoining international borders. ozone NAAQS. states can use for considering air Also, in the proposal the EPA indicated pollution reductions from EE/RE 3. Comments and Responses that for areas classified as Moderate and policies and programs in SIPs and TIPs. above, the modeling and other elements Comment: One commenter stated that Valid EE/RE policies and programs that of the attainment demonstration must the EPA should avoid granting NOX meet the applicable requirements of show timely attainment of the NAAQS exemptions for nonattainment areas that CAA section 182(c)(9) can also be used but for the emissions from outside of the use NOX controls from other programs as contingency measures. U.S. However, if a Marginal area (which to demonstrate attainment and/or to In addition to the Roadmap, the EPA is not otherwise required to submit an address other provisions of the CAA. is providing training and technical assistance to state, tribal and local attainment demonstration) were to Response: In order to request a NOX submit to the EPA a demonstration that exemption, a state must submit a agencies, as well as tools for quantifying they could attain the standard but for petition specific to the 2008 ozone the emissions impacts of EE/RE policies international emissions, the EPA would NAAQS. This petition must specifically and programs (i.e., the AVoided Emissions genERation Tool, AVERT),69 be able to evaluate that demonstration address the provisions of CAA section and energy savings information for similarly to demonstrations submitted 182(f). The EPA will grant NOX state-level EE policies and programs.70 by higher classified areas. exemptions only through notice-and- comment rulemaking where the public The EPA is also working with states to

P. How will the CAA section 182(f) NOX will have an opportunity to address develop examples that illustrate how provisions be handled? whether the petition complies with the reductions from specific EE/RE policies and programs could be quantified and 1. Summary of the Proposal provisions of CAA section 182(f). In considered in SIPs. We proposed, consistent with the granting waivers, the EPA will take into approach taken in the Phase 2 Rule for consideration existing NOX controls in 2. Land Use Planning the 1997 ozone NAAQS and the 2005 an area. States may also wish to consider updated guidance, that a previously Q. Emissions Reduction Benefits of strategies that foster more efficient granted NOX exemption (or waiver) Energy Efficiency/Renewable Energy urban and regional development under the 1-hour or 1997 ozone NAAQS Policies and Programs, Land Use patterns as a long-term air pollution would not automatically apply for Planning and Travel Efficiency control measure. Resources include the purposes of implementing the 2008 HUD DOT EPA Sustainable ozone NAAQS. 1. Energy Efficiency/Renewable Energy Communities Partnership, as well as the Policies and Programs policy and technical guidance 2. Final Action and Rationale Energy efficiency and renewable documents on land use available on the We are finalizing this approach as energy (EE/RE) policies and programs EPA’s Office of Transportation and Air proposed. A state with a previously are adopted by federal, state and local Quality Web site.71 These documents approved NOX waiver for the 1-hour or governments to lower energy demand provide communities with the 1997 ozone NAAQS would need to through the use of more energy efficient information they need to better submit a new request for an exemption equipment, technologies and practices understand the link between air quality, that is supported by analyses specific to and to transition to cleaner energy. transportation and land use activities, the 2008 ozone NAAQS. The new These policies help reduce electricity and how certain land use activities have request should consider any relevant generation from fossil-fueled sources, the potential to help local areas achieve information developed after the 1-hour which, in turn, can result in lower and maintain healthy air quality. The or 1997 8-hour ozone NAAQS waivers were granted. 67 Memorandum dated January 14, 2005, 68 See http://www.epa.gov/airquality/eere.html. 69 See http://epa.gov/avert/. The EPA believes that while it may be ‘‘Guidance on Limiting Nitrogen Oxides (NOX) Requirements Related to 8-Hour Ozone 70 See http://www.epa.gov/statelocalclimate/ appropriate in certain circumstances to Implementation’’ from Stephen D. Page, Director, state/topics/energy-efficiency.html. grant NOX waivers, these waivers Office of Air Quality Planning and Standards, to Air 71 See http://www.epa.gov/otaq/stateresources/ should be based upon applications and Directors, Regions I–X. policy/pag_transp.htm.

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documents also include methods to help when developing a comprehensive EPA to allow states to take credit for communities account for the air quality approach. The EPA requested comment programs that may not yet have been benefits of their local land use activities on what incentives or assistance we fully implemented, please see Section in their air quality plans. If wildfire might be able to provide to encourage III.B in the preamble for details impacts are significant in a particular states to integrate their planning regarding the EPA’s final policy on this area, air agencies and communities may activities. subject. be able to lessen the impacts of wildfires The EPA also supports considering 2. Final Action and Rationale by working collaboratively with land the co-benefits of emissions reductions managers and land owners to employ From a planning and resource on multiple pollutants. We acknowledge various mitigation measures including perspective, the EPA continues to that there are CAA constraints that may taking steps to minimize fuel loading in believe that multi-pollutant control limit the incentive for multi-pollutant areas vulnerable to fire. The EPA will strategy planning can be efficient for planning, and clarify that single- provide additional guidance as needed, states. An integrated air quality control pollutant planning is acceptable under and will continue to work with states on strategy that reduces multiple pollutants the Act. incorporating these types of programs can help ensure that reductions are into their SIPs. efficiently achieved and produce the S. What are the requirements for the greatest overall air quality benefits. OTR? 3. Travel Efficiency However, multi-pollutant approaches The EPA proposed to adopt for the Areas may also consider incorporating are not required as part of this rule. 2008 ozone NAAQS the same travel efficiency strategies, such as new States may also find it desirable to requirements applicable to the OTR that or expanded mass transit options, assess the impact of ozone, PM2.5 and/ were codified in 40 CFR 51.916 for the commuter strategies, system operations or regional haze control strategies on 1997 ozone NAAQS, except that the (e.g., eco-driving, ramp metering), toxic air pollutants regulated under the submission date for OTR RACT SIPs pricing (e.g., parking taxes, congestion CAA or under state air toxics initiatives. required under CAA section 182(b)(2) pricing, intercity tolls), speed limit Given the relationships that exist would be the same as provided under restrictions and multimodal freight between toxic air pollutants and the the RACT section of this regulation for strategies in their SIPs. In March of formation of ozone and PM2.5, states and nonattainment areas. (See Section III.A 2011, the EPA released two documents sources may find that controls can be of this preamble for additional that we believe will prove to be useful selected to meet goals for ozone and/or information on SIP submittal to states that want to evaluate emissions PM2.5 attainment as well as those of timeframes.) We are finalizing adoption reductions that may be available from specific toxic air pollutant programs. of the requirements as proposed along travel efficiency strategies. The first We recommend that states and tribes with the OTR RACT SIP submittal due document is titled, ‘‘Potential Changes wishing to take a comprehensive date. in Emissions Due To Improvements in approach consider the following Travel Efficiency.’’ This report provides activities: T. Are there any additional information on the effectiveness of • Choose or develop models for use requirements related to enforcement travel efficiency measures for reducing in the attainment demonstration that and compliance? emissions of NOX, VOC and PM2.5 at the can assess the air quality and ecosystem The EPA did not propose any specific national scale. The second document is impacts of measures to reduce ozone regulatory provisions related to titled, ‘‘Transportation Control precursors, secondary fine particles, compliance and enforcement. CAA Measures: An Information Document for pollutants that contribute to regional section 172(c)(6) requires nonattainment Developing and Implementing Emission haze and, where appropriate, toxic air SIPs to ‘‘include enforceable emission Reduction Programs.’’ This document pollutants and other related pollutants limitations, and such other control provides information on transportation that can impact ecosystems. measures, means or techniques . . . as • control measures that have been Conduct an integrated assessment well as schedules and timetables for implemented across the country for a of the impact controls have on ambient compliance, as may be necessary or variety of purposes, including reducing levels of ozone, PM2.5, regional haze appropriate to provide for attainment emissions related to criteria pollutants. and, where applicable, toxic air . . .’’ The EPA’s current guidance, These documents are available on the pollutants, greenhouse gases, ecosystem ‘‘Guidance on Preparing Enforceable EPA’s Office of Transportation and Air protection and environmental justice Regulations and Compliance Programs Quality Web site.72 considerations. • for the 15 Percent Rate-of-Progress Plans R. Efforts To Encourage a Multi- Use common data bases and (EPA–452/R–93–005, June 1993)’’ is still Pollutant Approach When Developing analytical tools, where possible. relevant to rules adopted for SIPs under 2008 Ozone SIPs 3. Comments and Responses the 2008 ozone NAAQS and should be consulted for purposes of developing 1. Summary of the Proposal Comment: Several commenters appropriate enforceable nonattainment supported the use of a multi-pollutant The EPA stated in the proposal that plan provisions under CAA section approach. One commenter encouraged from a planning and resource 172(c)(6). The EPA did not solicit the EPA to allow states to take credit for perspective, we believe it can be comment on this section and thus, none programs that may not yet have been efficient for states to develop integrated were received. control strategies that address multiple fully implemented. Another commenter pollutants rather than separate strategies noted the constraints in the CAA, which U. What are the requirements for for each pollutant or NAAQS focuses on a pollutant-by-pollutant addressing emergency episodes? approach, and another commenter individually. The EPA also provided 1. Summary of the Proposal states with recommendations and stated that they prefer a single pollutant considerations to take into account approach. The EPA proposed that the existing Response: The EPA supports multi- requirements for emergency episodes 72 See http://www.epa.gov/otaq/stateresources/ pollutant planning, where possible. (40 CFR part 51, subpart H) would also policy/pag_transp.htm. Regarding the comment encouraging the apply to the 2008 ozone NAAQS.

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2. Final Action and Rationale requirements for that NAAQS, shall be X. What collaborative program has the The EPA did not receive any adverse suspended until such time as the area is EPA implemented for the 2008 ozone comments on the proposal. The EPA is redesignated to attainment, at which NAAQS? finalizing the requirements for time the requirements no longer apply, The EPA stands ready to assist states emergency episodes as proposed. The or until the EPA determines that the in implementing the 2008 ozone EPA believes the existing requirements area has again violated that ozone NAAQS. The Ozone Advance program, for emergency episodes (40 CFR part 51, NAAQS, in which case the requirements which began in April 2012, is an subpart H) remain appropriate for the are again applicable. opportunity for 2008 ozone NAAQS 2008 ozone NAAQS and/or any current 4. Comments and Responses attainment areas to work collaboratively ozone NAAQS. If wildfire is a potential with EPA to improve local air quality. contributor to these episodes, the EPA Comment: Several commenters Information on the Ozone Advance urges implementing state and local supported the continued use of the program for the 2008 ozone NAAQS is agencies to coordinate with the land Clean Data Policy. One of these provided in a separate guidance management agencies, as appropriate, in commenters requested that the EPA document that is available at http:// developing plans and appropriate expeditiously redesignate areas using its www.epa.gov/ozonepmadvance. public communications regarding CAA section 107(d)(3) authority for IV. What are the anti-backsliding public safety and reducing exposure. states that have submitted ‘‘clean data’’ requirements for the revoked 1997 V. How does the ‘‘Clean Data Policy’’ certification and redesignation/ ozone NAAQS? maintenance SIPs. apply to the 2008 ozone NAAQS? A. What is the effective date of the Response: As stated in the policy, the 1. Summary of the Proposal revocation of the 1997 ozone NAAQS? requirements for an attainment The EPA proposed to apply the same demonstration, RFP and contingency 1. Summary of the Proposal approach with respect to the Clean Data measures are designed to bring an area The EPA proposed to exercise its Policy for the 2008 ozone NAAQS as it into attainment. Once this goal has been authority to revoke the 1997 ozone applied in the Phase 1 Rule for the 1997 achieved, we believe the statute no NAAQS for all purposes upon the ozone NAAQS. That is, a determination longer requires submission of plans publication of the final SIP of attainment would suspend the designed to bring the area into Requirements Rule in the Federal obligation to submit attainment attainment and thus it is appropriate to Register.74 The EPA also proposed that planning SIP elements for the 2008 suspend the obligation that states anti-backsliding provisions would apply ozone NAAQS. Such a determination submit plans to meet that goal, so long to an area in accordance with its would suspend the obligation to submit as the area continues to attain the designation and, as applicable, its any attainment-related SIP elements not relevant standard. The EPA Regional classification, for the 1997 (and, if yet approved in the SIP, for so long as Offices will act on redesignating areas applicable, 1-hour) ozone NAAQS at the the area continues to attain the 2008 based on any CAA section 175A time of revocation of the 1997 ozone ozone NAAQS. submittals that were received in as NAAQS. The following sections discuss 2. Final Action expeditious a manner as possible. in detail the applicable anti-backsliding requirements and how they apply to The EPA is finalizing this action as W. How does this final rule apply to areas with various designations and proposed. The EPA is replacing 40 CFR tribes? classifications for the 2008 and the soon 51.918 with 40 CFR 51.1118 to to be revoked 1997 and the already As we mentioned in the proposal, consolidate in one regulation a revoked 1-hour ozone NAAQS.75 comprehensive provision applicable to tribes are generally not required to determinations of attainment for the submit tribal implementation plans 2. Final Action current and former ozone NAAQS. (TIPs).73 However, should a tribe choose The EPA is revoking the 1997 ozone Thus, 40 CFR 51.1118 will apply to a to develop a TIP, this final rule is NAAQS for all purposes upon the determination of attainment that is intended to serve as a guide for effective date of this final rule, which made with respect to any revoked or addressing key implementation issues will be 30 days after publication of this current ozone NAAQS—the 1-hour, the for their area of Indian country. This rule in the Federal Register. When the 1997 or the 2008 ozone NAAQS. rule will likely be especially useful to 1997 ozone NAAQS is revoked, the anti- those tribes whose areas of Indian 3. Rationale backsliding requirements for that country were designated as separate NAAQS, as detailed in this final The EPA continues to believe that it nonattainment areas from surrounding rulemaking, become applicable. The is appropriate for an area that has met state areas. an ozone NAAQS to suspend further 74 The EPA’s Classifications Rule for the 2008 attainment planning efforts for that 73 On January 17, 2014, the United States Court ozone NAAQS also provided that the 1997 ozone ozone NAAQS. The new 40 CFR of Appeals for the District of Columbia Circuit NAAQS would be revoked 1 year after the effective 51.1118 sets forth the regulatory issued a decision vacating the EPA’s 2011 rule date of initial area designations for the 2008 ozone titled ‘‘Review of New Sources and Modifications NAAQS for purposes of transportation conformity. consequences of an EPA determination, in Indian Country’’ (76 FR 38748) with respect to The D.C. Circuit held that the EPA lacked authority made after notice-and-comment non-reservation areas of Indian country (See, for such a partial revocation, but did not question rulemaking, that an area designated Oklahoma Department of Environmental Quality v. its authority to revoke a standard in total. NRDC v. nonattainment for an ozone standard EPA, 740 F.3d 185 (D.C. Cir. 2014)). Under the EPA (D.C. Cir. No. 12–1321, Dec 23, 2014). Today’s court’s reasoning, with respect to CAA SIPs, a state revocation of the standard is for all purposes, has air quality attaining that standard. has primary regulatory jurisdiction in non- including transportation conformity. Upon such a determination by the EPA, reservation areas of Indian country (i.e., Indian 75 The 1-hour ozone NAAQS was revoked in the the requirements for the area to submit allotments located outside of reservations and Phase 1 Rule. See 69 FR 23951, April 30, 2004. The an attainment demonstration, associated dependent Indian communities) within its D.C. Circuit upheld EPA’s authority to revoke that geographic boundaries unless the EPA or a tribe has standard so long as it introduces adequate anti- reasonably available control measures, demonstrated that a tribe has jurisdiction over a backsliding measures. South Coast Air Quality RFP plans, contingency measures and particular area of non-reservation Indian country Management Dist. v. EPA, 472 F.3d 882, 899 (D.C. other attainment-related planning within the state. Cir. 2007).

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extent of continued implementation action ensures that only one ozone 2008 ozone NAAQS. We believe the efforts for a revoked standard derives NAAQS—the more protective 2008 strong anti-backsliding provisions in 40 from administration of anti-backsliding ozone NAAQS—directly applies, rather CFR 51.1105 will ensure that controls requirements for the revoked standard. than having two standards apply already adopted to attain the previous After the revocation of the 1997 ozone concurrently. In revoking any standard, NAAQS continue to be implemented NAAQS, the EPA will no longer be able the EPA provides adequate anti- until an area attains the 2008 ozone to take action to reclassify or to backsliding requirements. NAAQS, and will also ensure that there redesignate areas for that standard. We believe that revoking the 1997 will be no delay in attaining the 1997 After revocation of the 1997 standard, ozone NAAQS is appropriate for all ozone NAAQS. Since it is impossible to the designations (and the classifications purposes. The EPA believes that the attain the 2008 ozone NAAQS without associated with those designations) for permanent retention of two standards, also attaining the 1997 ozone NAAQS, that standard are no longer in effect, and differing only in the ozone retaining the 1997 ozone NAAQS would the sole designations that remain in concentrations they allow, creates be largely superfluous from a health effect are those for the 2008 ozone unnecessary complexity and is not protection standpoint. NAAQS. However, the EPA is retaining necessary to provide for attainment of The EPA agrees with the commenter the listing of the designated areas for the the more stringent NAAQS. The EPA’s that the adopted revocation approach revoked 1997 ozone NAAQS in 40 CFR reason for establishing the new means that the 1997 NAAQS would be part 81, for the sole purpose of standards of 0.075 ppm as requisite to revoked before the statutory maximum identifying the anti-backsliding protect public health and welfare was attainment date for areas classified as requirements that may apply to the its conclusion that the old standard of Severe and Extreme for the 1997 ozone areas at the time of revocation. 0.08 ppm was not adequate. Revoking NAAQS. We believe that Congress Accordingly, such references to (with appropriate anti-backsliding understood this possibility when it historical designations for the revoked measures) rather than retaining that amended the CAA in 1990 to require the standard should not be viewed as 1997 ozone NAAQS will facilitate a EPA to review each NAAQS every 5 current designations under CAA section more seamless transition to years. Similarly, Congress also 107(d). demonstrating compliance with the recognized that areas with more more health and welfare protective 2008 significant ozone problems would need 3. Rationale ozone NAAQS, and will ensure the most more time to attain the standard, and This approach of establishing anti- efficient use of state and local resources gave these areas more time to attain the backsliding requirements is consistent in working toward attainment of that standard, with timeframes for with the EPA’s practice in the transition standard. Moreover, we believe that by attainment largely beyond the 5-year from the 1-hour to the 1997 ozone requiring adequate anti-backsliding timeframe required for review of the NAAQS. It is not logical to attach to an measures we will ensure continued NAAQS. The EPA does not agree with area any anti-backsliding requirements momentum in states’ efforts toward the commenter’s characterization of for the revoked 1997 NAAQS until that achieving cleaner air. revoking the NAAQS, while retaining a NAAQS is revoked because up until retinue of anti-backsliding 4. Comments and Responses revocation, implementation of the 1997 requirements, as creating perpetual NAAQS is still adequately governed by Comment: One commenter recognized extensions for attaining old standards. the relevant CAA and regulatory the EPA’s authority to revoke the 1997 The commenter’s argument ignores the provisions, and the EPA can still take ozone NAAQS, but opposed the fact that the old standard has been actions to redesignate or reclassify areas revocation because attainment of the supplanted by a more protective for that standard.76 77 In fact, the status 1997 NAAQS would advance progress standard, and that the EPA’s anti- of many areas with respect to toward the 2008 standard and ensures backsliding requirements, combined designation and classification for the that such progress would be made with the CAA’s new obligations to 1997 ozone NAAQS has already sooner rather than later. The commenter achieve the more stringent 2008 ozone changed since promulgation of the 2008 indicated that the EPA’s proposal to NAAQS as expeditiously as practicable, ozone NAAQS. Thus, the EPA revoke the 1997 ozone NAAQS would effectively fulfill the function of the concludes that it is reasonable to waive key requirements for Extreme prior attainment date. In addition the establish the date of revocation of the nonattainment areas under the 1997 EPA notes that the attainment 1997 ozone NAAQS as the time for anti- standard before the deadline comes due. demonstration for the prior standard is backsliding requirements for that The commenter also stated that the EPA retained as an anti-backsliding measure. NAAQS to take effect, which is must explain the specific problems The EPA believes that integrating consistent with past practice under the caused by retaining the 1997 (and 1- prior requirements with new goals Phase 1 Rule. hour) ozone NAAQS and tailor the facilitates coherent, effective and timely The EPA believes it is appropriate to solutions to address those specific planning and controls, and minimizes revoke rather than retain the 1997 ozone problems, citing several rulings that the the separate potentially duplicative NAAQS for all purposes.78 This final commenter believed that the EPA must submittal of requirements left over from provide a rational basis for their action. obsolete standards. In this time of 76 Although 40 CFR 51.905(a) specified that the Response: The anti-backsliding diminished resources, the states and the anti-backsliding requirements ‘‘attached’’ at the approach that the EPA proposed retains EPA need to move forward efficiently time of designation for the 1997 ozone NAAQS, all applicable control requirements for without being overburdened by areas were still able to redesignate to attainment for the 1997 ozone NAAQS, while enabling the 1-hour ozone NAAQS up to the date of unnecessary paperwork requirements revocation of that standard. areas, where possible, to focus planning arising from former standards that can 77 See, for example, the redesignations to 1-hour efforts on meeting the more protective detract from efficient movement attainment for Phoenix (June 14, 2005, 70 FR 34362) towards more stringent standards. and Atlanta (June 15, 2005, 70 FR 34660) which both the 1997 ozone NAAQS and the more stringent For these reasons, and consistent with occurred right up until the June 15, 2005 effective 2008 ozone NAAQS are active standards unless and date of revocation of the 1-hour ozone NAAQS. until the EPA takes action to revoke the previous the anti-backsliding regime previously 78 When the EPA revises a NAAQS, the prior 1997 ozone NAAQS, subject to appropriate anti- endorsed by the D.C. Circuit, South NAAQS is not automatically revoked. Accordingly, backsliding requirements. Coast Air Quality Management Dist. v.

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EPA, 472 F.3d 882 for the transition EPA proposed as ‘‘applicable purposes of RACT; (4) ROP and/or RFP from the 1-hour to the 1997 ozone requirements’’ the requirements that reductions; (5) the Clean fuels fleet NAAQS, the EPA believes that the were previously listed in 40 CFR program under section 183(c)(4) of the revocation and associated anti- 51.900(f) (except for Stage II vapor CAA; (6) Clean fuels for boilers under backsliding measures for the 2008 ozone recovery),79 as well as the addition of section 182(e)(3) of the CAA; (7) NAAQS provide the appropriate way to three anti-backsliding requirements that Transportation control measures during move toward attaining the more were included as a result of the South heavy traffic hours as provided under protective standards in a timely and Coast v. EPA 80 decision: Nonattainment section 182(e)(4) of the CAA; (8) effective manner, while ensuring that NSR thresholds and offset ratios, Enhanced (ambient) monitoring under progress made under previous ozone nonattainment contingency measures section 182(c)(1) of the CAA; (9) NAAQS is not lost. For additional for failure to attain by the applicable Transportation controls under section details, please refer to the Response to deadline or to meet RFP milestones, and 182(c)(5) of the CAA; (10) Vehicle miles Comments document. CAA section 185 fee program traveled provisions under section Comment: A number of commenters requirements. Since the South Coast v. 182(d)(1)(A) of the CAA; (11) NOX in favor of revocation of the 1997 ozone EPA decision, the EPA has been requirements under section 182(f) of the NAAQS suggested alternate dates for including these three requirements as CAA; (12) Attainment demonstrations; revocation. Several commenters wanted anti-backsliding requirements for the 1- (13) Nonattainment contingency an earlier date for revocation, such as hour ozone NAAQS for the purpose of measures; (14) Nonattainment NSR the promulgation date of the 2008 ozone discharging its obligations to effectuate requirements; and (15) CAA section 185 NAAQS or the effective date of anti-backsliding for that standard. The enforcement requirements for Severe designations for the 2008 ozone proposed action would formally list and Extreme nonattainment areas for NAAQS. One of these commenters them with the other applicable failure to attain. questioned whether the revocation requirements. As part of the proposal, the EPA would occur on the date of publication The applicable requirements indicated that upon revocation of the of the rule in the Federal Register or on discussed previously apply to areas that 1997 ozone NAAQS, the designations the effective date of the rule. are designated nonattainment for the for that NAAQS would have no further Response: We disagree with 2008 ozone NAAQS and remain effect except as references for anti- commenters that recommended that the nonattainment for a previous ozone backsliding purposes. References to the EPA revoke the 1997 ozone NAAQS at NAAQS on the date the 1997 ozone designations for the revoked standard in an earlier date. We believe that revoking NAAQS is revoked. For areas designated 40 CFR part 81 would be retained solely the 1997 ozone NAAQS prior to the attainment for the 2008 ozone NAAQS for anti-backsliding purposes for areas establishment of clear anti-backsliding but nonattainment for the 1997 ozone designated nonattainment for the 2008 requirements would create a gap in air NAAQS, the EPA proposed that after the ozone NAAQS, and should not be quality protection and that South Coast 1997 ozone NAAQS is revoked, these viewed as current nonattainment v. EPA, 472 F.3d 882 indicates that areas would not be required to retain in designations under CAA § 107 within backstops to prevent relaxation of their SIPs nonattainment NSR programs the meaning of 40 CFR 51.166(i)(2) and measures implemented for a previous for ozone. Instead, such areas would be 52.21(i)(2) and, therefore, would not NAAQS must be in place before the EPA required to implement PSD trigger the exemption from PSD can revoke that NAAQS. The EPA, upon requirements for ozone. The EPA’s requirements otherwise resulting from considering the comment on the determination that after revocation of those provisions. The proposal also effective date of revocation, clarifies the 1997 ozone NAAQS nonattainment requested comment as to whether or not here that the 1997 ozone NAAQS will NSR requirements do not apply to areas an amendment to 40 CFR 51.166(i)(2) be revoked on the rule’s effective date designated attainment for the 2008 and 52.21(i)(2) would be appropriate to as set forth in the Federal Register. That ozone NAAQS is consistent with the make it clear that a nonattainment 81 is, the 1997 ozone NAAQS will be Greenbaum v. EPA decision. designation for a revoked NAAQS, once revoked 30 days after publication of the Based on requirements in the Phase 1 the revocation becomes effective in an final rule in the Federal Register. rule for the 1997 ozone NAAQS, as area, would not trigger the PSD modified in light of South Coast v. EPA, exemption in those provisions and B. What are the applicable requirements the definition of applicable would not prevent application of PSD for anti-backsliding purposes following requirements proposed in 40 CFR requirements for that pollutant and how the revocation of the 1997 ozone 51.1100(o) included the following: (1) to word such an amendment. NAAQS? RACT; (2) Vehicle I/M programs; (3) Alternatively, the EPA sought comment as to whether it would be sufficient for 1. Summary of the Proposal Major source applicability cut-offs for the EPA to articulate the interpretation The EPA proposal stated that subpart 79 Under CAA section 202(a)(6), the EPA found of these provisions as described earlier AA, 40 CFR 51.1100 et seq., would that onboard refueling vapor recovery (ORVR) in this paragraph. provide comprehensive anti-backsliding systems are in widespread use in the motor vehicle fleet and waived the CAA section 182(b)(3) Stage 2. Final Action requirements for transition to the 2008 II vapor recovery requirement for Serious and ozone NAAQS. The EPA proposed that, higher ozone nonattainment areas on May 16, 2012 The EPA is finalizing the anti- upon revocation of the 1997 ozone (77 FR 28772). Thus, in the proposal, the section backsliding requirements as proposed, NAAQS, subpart X, 40 CFR 51.900 et 182(b)(3) Stage II requirement is omitted from the including amendments to 51.166(i)(2) list of applicable requirements in 40 CFR seq., would be effectively replaced by 51.1100(o). and 52.21(i)(2) which address the proposed subpart AA. 80 South Coast Air Quality Management District v. classifications for revoked NAAQS. The In proposed subpart AA, 40 CFR EPA, 472 F.3d at 899. amended subpart AA addresses anti- 51.1100(o) specified the list of 81 Greenbaum v. EPA, 370 F.3d 527, 536 (6th Cir. backsliding requirements for both the ‘‘applicable requirements’’ that would 2004). ‘‘It would make little sense for previously revoked 1-hour ozone [nonattainment NSR] to be included in the post- apply as anti-backsliding requirements attainment SIP, as the Clean Air Act . . . explicitly NAAQS and the 1997 ozone NAAQS in for the transition from the 1997 ozone states that attainment area SIPs must include a PSD a consolidated and streamlined fashion. NAAQS to the 2008 ozone NAAQS. The program.’’ Areas designated nonattainment for the

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2008 ozone NAAQS and also designated and (17) Contingency measures for SIPs provided to append two additional nonattainment for the 1997 ozone invoking section 182(e)(5) of the CAA. items to the list of applicable NAAQS 82 at the time of revocation of requirements in 51.1100(o). Those two 3. Rationale the 1997 ozone NAAQS will be subject items are RACM and 182(e)(5) to 40 CFR 51.1100(o). As proposed, As detailed in the proposal,84 the EPA contingency measures. The EPA views areas designated attainment for the 2008 already treats nonattainment this as a clarification, rather than as an ozone NAAQS and nonattainment for contingency measures, nonattainment addition of control elements. the 1997 ozone NAAQS when the 1997 NSR major source thresholds and offset Attainment demonstration SIPs are ozone NAAQS is revoked will become ratios, and CAA section 185 already listed as an applicable subject to PSD requirements rather than requirements for Severe and Extreme requirement. RACM is an integral part nonattainment NSR requirements once areas as being included in the list of of an approvable attainment the revocation is effective. applicable requirements that apply to demonstration. Similarly, contingency areas for anti-backsliding purposes Also as proposed, three items are measures will become a required under the revoked 1-hour NAAQS, element of 51.1100(o) consistent with being added to the list of applicable consistent with the South Coast v. EPA requirements: Nonattainment the South Coast v. EPA decision. decision. Their explicit inclusion in this Adding contingency measures contingency measures, nonattainment list is to formalize their place in the list associated with CAA section 182(e)(5) to NSR requirements (clarified to refer to of applicable requirements. Similarly, the list is a clarification, rather than an major source thresholds and offset Stage II vapor recovery is not included imposition of an additional ratios), and CAA section 185 in this list due to the May 16, 2012 requirement. requirements for Severe and Extreme determination 85 that the requirement is areas. As proposed, Stage II vapor waived, and that an area currently 4. Comments and Responses recovery is not being included in the list implementing a Stage II control program Comment: A commenter pointed out of applicable requirements for the can, under certain circumstances, that, with regard to applicable reasons described above. remove it from the SIP. These changes requirements, federal measures and Based on feedback received during to the list of applicable requirements locally implemented measures are held the comment period, the EPA is reflect policies already being to two separate standards. The specifically including two additional implemented by the EPA. commenter used the example of Stage II items in the list of applicable Similarly, areas designated attainment vapor recovery. The EPA removed Stage requirements: RACM and CAA section for the 2008 ozone NAAQS and II vapor recovery from the list of 182(e)(5) contingency measures. These nonattainment for the 1997 ozone applicable requirements. However, provisions were implicitly included in NAAQS when the 1997 ozone NAAQS locally implemented control measures the attainment demonstration but are is revoked will become subject to PSD included in a SIP for a previous NAAQS listed separately for clarification. As rather than nonattainment NSR once the must be retained in perpetuity. such, the complete list of applicable revocation takes effect. An area that is Response: The EPA disagrees with the requirements in 40 CFR 51.1100(o) is: attainment for the 2008 ozone NAAQS commenter. SIP-approved control (1) RACT; (2) Vehicle I/M programs; (3) is attaining the most current and health measures, whether federal programs or Major source applicability cut-offs for protective ozone standard. The EPA locally implemented measures, may not purposes of RACT; (4) ROP and/or RFP believes that Congress did not intend to be modified unless the modification reductions; (5) the Clean fuels fleet hold such an area to the requirements meets the requirements of CAA section program under section 183(c)(4) of the for an old standard when the area has 110(l) and, if applicable, CAA section CAA; (6) Clean fuels for boilers under met a newer, more stringent standard of 193. For purposes of anti-backsliding, section 182(e)(3) of the CAA; (7) the same form. Such areas will Stage II control programs are no longer Transportation control measures during implement PSD for the 2008 ozone mandatory because the EPA has heavy traffic hours as provided under NAAQS once the revocation of the 1997 determined under the statutory section 182(e)(4) of the CAA; (8) ozone NAAQS takes effect, provisions of CAA section 202(a)(6) that Enhanced (ambient) monitoring under notwithstanding any remaining another federal program, onboard section 182(c)(1) of the CAA; (9) references to nonattainment refueling vapor recovery (ORVR) Transportation controls under section designations for the 1997 ozone NAAQS technology, is in widespread use, 182(c)(5) of the CAA; (10) Vehicle miles in 40 CFR part 81. The references to the rendering Stage II controls largely traveled provisions under section designations for the revoked standard in redundant. However, in an area where a Stage II control program is already 182(d)(1)(A) of the CAA; (11) NOX 40 CFR part 81 are retained solely for requirements under section 182(f) of the anti-backsliding purposes for areas adopted into the SIP, it cannot be CAA; (12) Attainment demonstrations; designated nonattainment for the 2008 removed from the SIP unless the (13) Nonattainment contingency ozone NAAQS. Accordingly, such conditions of CAA sections 110(l) and measures; (14) Nonattainment NSR references to historical nonattainment 193 are met. Therefore, it is subject to major source thresholds and offset designations for the revoked standard the same treatment as any locally ratios; 83 (15) CAA section 185 should not be viewed as current implemented SIP-adopted control requirements for Severe and Extreme nonattainment designations under CAA measure. areas for failure to attain; (16) RACM; § 107 within the meaning of 40 CFR Comment: A commenter stated that 51.166(i)(2) and 52.21(i)(2) and, no planning requirements from the 1997 ozone NAAQS should apply once that 82 Note that some areas designated as therefore, do not trigger the exemption nonattainment for the 1997 NAAQS might also from PSD requirements otherwise NAAQS is revoked. The commenter retain anti-backsliding requirements for the already resulting from those provisions. based this on two arguments. First, CAA revoked 1-hour ozone NAAQS. Upon reviewing comments, the EPA section 172(e) applies to control 83 It should be noted that replacement of decided that sufficient arguments were requirements and not state planning nonattainment NSR SIP provisions with PSD upon successful redesignation to attainment does not requirements. Second, the commenter relieve sources of their obligations under previously 84 See 78 FR 34178, June 6, 2013. argued that the decision in South Coast established permit conditions. 85 See 77 FR 28772. v. EPA has limited applicability because

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the court was faced with two ozone argued that, for consistency, the EPA nonattainment or redesignated to standards that differed in form and should include these items in the list of attainment with an approved CAA level, and in this situation the two applicable requirements. For example, section 175A maintenance plan. (CAA standards are of the same form. RACT is listed as an applicable section 176(c)(5)). Upon the effective Response: The EPA agrees that the requirement, but not RACM. The date of the revocation of the 1997 ozone transition from the 1997 ozone NAAQS commenter argued that RACM should NAAQS the only relevant designation to the 2008 ozone NAAQS calls for a re- be listed as an applicable requirement. for ozone for conformity purposes will evaluation of the provisions necessary Similarly, transportation conformity, be an area’s designation for the 2008 to protect against backsliding and ‘‘other control measures’’ as necessary ozone NAAQS.87 Areas that are ensure continued progress toward for attainment under CAA section designated attainment for the 2008 achieving healthy air quality. However, 172(c)(6), and contingency measures for ozone NAAQS are not subject to we do not agree that South Coast v. EPA CAA section 182(e)(5) measures should transportation or general conformity has limited application to informing be retained as applicable requirements, requirements regardless of their appropriate anti-backsliding according to the commenter. designation for the 1997 ozone NAAQS requirements for a revoked 1997 Response: The EPA agrees in part at the time of revocation of that NAAQS. NAAQS simply because the 2008 with the commenter, that it is (CAA section 176(c)(5)). Similarly, NAAQS has the same form as the 1997 appropriate to list both RACM and CAA ‘‘other control measures’’ necessary for NAAQS. With only one exception, the section 182(e)(5) contingency measures attainment are already covered by the seventeen ‘‘applicable requirements’’ as ‘‘applicable requirements’’ in the attainment demonstration, and cannot that will be listed in new 40 CFR final rule in 40 CFR 51.1100(o). RACM be removed without satisfying CAA 51.1100(o) are all control requirements, is a component of the attainment section 110(l). consistent with South Coast v. EPA. To demonstration and is a requirement of Comment: A commenter disagreed the extent that any of these control the CAA. The EPA reviews each SIP with what it described as the EPA’s requirements have not been submission from a state to ensure that proposal to allow areas that were implemented in a 1997 nonattainment sufficient information is provided for designated nonattainment for the 1997 area by the time the 1997 NAAQS is the EPA to determine whether the state ozone NAAQS or the 1-hour NAAQS revoked, consistent with South Coast v. has adopted all RACM necessary for before those standards were revoked to EPA the state must ensure these controls attainment as expeditiously as terminate any nonattainment NSR or are adopted into the SIP and practicable and provided for 185 fee requirements once the 1997 implemented, if applicable. The one implementation of those measures as ozone NAAQS is revoked and the area applicable requirement that involves expeditiously as practicable. For areas has been designated or redesignated both planning and control elements is remaining in nonattainment for the 1997 attainment for the 2008 ozone NAAQS the attainment demonstration ozone NAAQS and designated or a redesignation substitute has been requirement.86 Since the attainment nonattainment for the 2008 ozone approved for the revoked standard. The demonstration is part of the basis for NAAQS, the EPA does not believe that commenter argues that allowing such an establishing that the RACM requirement revocation of the NAAQS should halt or area to remove nonattainment NSR or (a control requirement consistent with delay the planned implementation of 185 fee requirements from the SIP is South Coast) is satisfied, the EPA control measures. These measures, contrary to the NRDC v. EPA (2011) believes it is appropriate to retain this while adopted pursuant to the 1997 ruling. as an applicable anti-backsliding ozone NAAQS, will also assist the areas Response: The court ruled in NRDC v. requirement to ensure timely progress in attaining the 2008 ozone NAAQS. EPA that it would be improper for the toward attainment of the 1997 NAAQS, Similarly, for Extreme areas relying EPA to relieve an area that has not especially for areas classified in the on CAA section 182(e)(5), the EPA attained a standard from requirements highest classifications where the agrees that the contingency measures imposed for failure to attain that statutory attainment dates for the 1997 required for that program should be standard. The EPA’s ‘‘redesignation NAAQS extend well into the future held to the same requirements as substitute’’ proposal does not do that. It (e.g., 2019 for Severe and 2024 for contingency measures for sections relieves areas that demonstrate that they Extreme areas). The EPA encourages 172(c) and 182(c) of the CAA. Thus the are in fact attaining a standard from states to synchronize their planning and EPA is adding 182(e)(5) contingency obligations arising from failure to attain emissions control efforts for attainment measures to the list of applicable that standard as well as all anti- of the 2008 ozone NAAQS with any requirements in 51.1100(o). backsliding requirements applicable for unfulfilled anti-backsliding However, the EPA does not agree with any prior revoked standard without the requirements associated with the the commenter that conformity needs to need for a formal redesignation. Nothing revoked 1997 ozone NAAQS. As a be retained as an applicable in the 2011 NRDC v. EPA decision reminder, a Clean Data Determination requirement. Transportation and general forecloses that approach. The EPA also for the 1997 ozone NAAQS can suspend conformity are retained as requirements rejects any suggestion that an area the associated attainment demonstration for all areas designated nonattainment would remain subject to NSR or 185 fees requirement for as long as the area for the 2008 ozone NAAQS. For areas after it is designated as an attainment continues to attain the 1997 NAAQS. designated attainment for the 2008 area and any prior standards for which Comment: A commenter pointed out ozone NAAQS, these areas are meeting it was designated nonattainment have that there are several control measures the most stringent, health-protective been revoked. Areas cannot be that continue to apply to areas after a NAAQS and thus have no remaining redesignated to attainment for ozone standard is revoked. The commenter conformity requirements because they are designated attainment for the 2008 87 The EPA revoked the 1997 ozone NAAQS for 86 An attainment demonstration includes ozone NAAQS and the designations for transportation conformity on May 21, 2012. (77 FR technical analyses of base year emissions and future the 1997 ozone NAAQS which trigger 30160) The revocation of the 1997 ozone NAAQS year emissions, including the impact of RACM and for transportation conformity purposes was RACT; a list of adopted control measures with conformity requirements are revoked. effective on July 20, 2013. In this final rule, the EPA schedules for implementation; and a RACM Transportation and general conformity is revoking the 1997 ozone NAAQS for all analysis. apply only in areas designated as remaining purposes.

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unless they have attained all current b. Final Action to increase. There is nothing in the standards and met all anti-backsliding The EPA is finalizing this as approved 175A plan that will be requirements applicable for prior proposed. For areas designated activated should the area start to violate revoked standards. Moreover, attainment for the 2008 ozone NAAQS the 2008 ozone NAAQS. nonattainment NSR is not a requirement and maintenance for the 1997 ozone Response: The EPA disagrees with the in attainment areas and 185 by its own NAAQS (as of the date of revocation of commenter. The EPA is not ignoring the terms does not apply to an area that has the 1997 ozone NAAQS), the area’s maintenance provision of CAA section been designated ‘‘an attainment area for approved CAA section 175A 110(a)(1), but rather evaluating what is ozone.’’ maintenance plan for the revoked 1997 sufficient to address that provision under the circumstances of transition to C. Application of Transition ozone NAAQS satisfies both its obligations for maintenance under CAA a new more stringent NAAQS for an Requirements to Nonattainment and area designated attainment for that more Attainment Areas section 110(a)(1) for the 2008 ozone NAAQS and its obligation to submit a stringent NAAQS. With the control This section discusses how the second approvable maintenance plan measures included in their SIPs and in transition requirements apply to various under CAA section 175A for the approved CAA section 175A types of areas. The general principle is revoked 1997 ozone NAAQS. maintenance plans, those areas have to apply transition requirements already achieved sufficient emissions depending on how the area is c. Rationale reductions to bring them into attainment designated—attainment or All areas in this category were already for both the 1997 ozone NAAQS and the nonattainment—for the 2008 ozone subject to a CAA section 175A more stringent 2008 ozone NAAQS. NAAQS, while taking into account the maintenance plan for the revoked 1997 These SIP control measures cannot be area’s status with respect to prior ozone NAAQS, and have been both weakened without satisfying CAA standards.88 In the subsequent sections, redesignated to attainment for the 1997 section 110(l) and in some cases also for purposes of determining an area’s ozone NAAQS (as well as any other CAA section 193, which effectively transition requirements, we first look to revoked ozone NAAQS) and designated serve as anti-backsliding provisions. the area’s designation and classification attainment for the more stringent 2008 The EPA is not relieving areas for the 2008 ozone NAAQS. We then ozone NAAQS. The approved CAA designated attainment of the determine the area’s designation and section 175A maintenance plan for the requirement under CAA section classification status for the 1997 ozone 1997 ozone NAAQS satisfied the anti- 110(a)(1) to maintain the more stringent NAAQS as of the effective date the 1997 backsliding requirements of these areas 2008 ozone NAAQS, but rather, the EPA ozone NAAQS is revoked. Finally, for the prior 1-hour NAAQS. Any is allowing the approved PSD plan for where appropriate, we determine further 110(a)(1) maintenance plan the 2008 ozone NAAQS to suffice as a whether anti-backsliding requirements requirement under the 2008 ozone maintenance showing for these areas. for the 1-hour ozone NAAQS apply in NAAQS would be unnecessarily These are areas that already have many the area and, if so, we determine the burdensome. No revision to the CAA controls in place, including approved area’s designation and classification section 175A maintenance plans for CAA section 175A maintenance plans status for the 1-hour ozone NAAQS as these areas can be approved unless it ensuring that the areas can maintain the of the date the 1-hour NAAQS was complies with the anti-backsliding level of the prior standard. revoked.89 Appendix B of this rule checks in CAA sections 110(l) and 193. While these approved CAA section contains a list of areas subject to anti- The EPA believes that there is no 175A maintenance plans were backsliding requirements. justification for additional maintenance established for maintenance of the 1997 plan demonstration burdens to be ozone NAAQS, and accordingly help 1. Requirements for Areas Designated imposed on these areas solely because at prevent backsliding for that revoked Attainment for the 2008 Ozone NAAQS one time they were designated NAAQS, they also provide a foundation and Maintenance for the 1997 Ozone nonattainment under the revoked 1997 for maintenance of the 2008 ozone NAAQS ozone NAAQS. This approach NAAQS, which, in combination with a. Summary of the Proposal recognizes and reflects that these areas other active requirements for the 2008 were redesignated to attainment for the ozone NAAQS, contribute to For this category, the EPA proposed 1997 ozone NAAQS prior to its maintenance of the new standard. The that an area’s approved CAA section revocation, and have been designated emissions reductions for one NAAQS 175A maintenance plan for the revoked attainment for the 2008 ozone NAAQS. build upon the emissions reductions 1997 ozone NAAQS satisfies both its from previous NAAQS. The EPA obligations for maintenance under d. Comments and Responses concludes that no additional measures section 110(a)(1) for the 2008 ozone Comment: One commenter opposed beyond the prior CAA section 175A NAAQS and its obligation to submit a this action for several reasons. First, the maintenance plans and the PSD plans second approvable maintenance plan commenter stated that the EPA cannot for the 2008 standard should be under CAA section 175A for the dispense with the statutory necessary to provide for maintenance in revoked 1997 ozone NAAQS. responsibility of areas by excusing these areas. The EPA will work with compliance with CAA section 110(a)(1). states as necessary to address any future 88 One area, the Uintah Basin, UT, was designated Second, the commenter believes that air quality concerns and maintenance as ‘‘unclassifiable,’’ and for purposes here would be demonstrating long-term compliance via needs for these areas. treated like an area designated ‘‘attainment.’’ 89 If the nonattainment area was initially an approved 175A maintenance plan for 2. Areas Designated Attainment for the designated attainment for the 1997 ozone NAAQS the 1997 ozone NAAQS is not sufficient 2008 Ozone NAAQS and Nonattainment or was redesignated to attainment (‘‘Maintenance’’) to demonstrate continued compliance for the 1997 Ozone NAAQS for the 1997 ozone NAAQS prior to the date of with the 2008 ozone NAAQS. The revocation of the 1997 NAAQS, then the area has a. Summary of the Proposal already fulfilled any applicable 1-hour anti- commenter maintained that even with backsliding requirements. For ease of reference, we an approved 175A plan for the 1997 The EPA proposed two approaches for refer to these areas as ‘‘Maintenance’’ areas. ozone NAAQS, emissions can continue this category. The EPA proposed as its

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preferred approach for areas designated remain subject to the 1997 Response: We believe that an attainment for the 2008 ozone NAAQS nonattainment area requirements approved PSD SIP, in conjunction with and nonattainment for the 1997 ozone already approved into the SIP, which the other already-existing statutory and NAAQS (as of revocation of the 1997 can be revised only upon a showing that regulatory provisions that govern ozone NAAQS) that the state not be such revision complies with the anti- implementation of ozone standards, and required to adopt any outstanding backsliding checks in CAA sections the historical safeguards in place for the applicable requirements for the area for 110(l) and 193. Given the succession of area adopted for prior NAAQS, are the revoked 1997 standard. This NAAQS of increasing stringency that generally sufficient to prevent approach was similar to the approach has occurred, the EPA believes that the backsliding, and to satisfy the followed in the Phase 1 Rule. The EPA burden of developing an approvable requirement for maintenance under also proposed, in a departure from the 110(a)(1) maintenance plan for the 2008 CAA section 110(a)(1). The control Phase 1 Rule, that the approved PSD ozone NAAQS would outweigh any measures implemented by these areas SIPs for these areas satisfy the obligation compensating benefit for an area that is and included in their SIPs have already to submit an approvable maintenance already attaining that NAAQS and that produced sufficient emissions plan for the 2008 ozone NAAQS under is subject to prior nonattainment reductions to achieve air quality that CAA section 110(a)(1). requirements which are already attained the 1997 ozone NAAQS, and The second, and less preferred, incorporated into the SIP and have been resulted in an attainment designation alternative proposed by the EPA for sufficient to bring the area into for the more stringent 2008 ozone these areas was that the state be attainment of both the 1997 and 2008 NAAQS . These control measures required to demonstrate maintenance standards. cannot be modified or removed without for the 2008 ozone NAAQS via a a CAA section 110(l) showing and in d. Comments and Responses ‘‘maintenance showing.’’ This some cases both a CAA section 110(l) maintenance showing would be due 3 Comment: A commenter believed that and a CAA section 193 showing. Areas years after the effective date of the EPA should adopt the alternative designated attainment for the 2008 designations for the 2008 ozone NAAQS approach. The commenter stated that an standard remain subject to the and would be in a form other than a inequity arises from the fact that areas attainment and maintenance formal SIP revision. The maintenance designated maintenance for the 1997 requirements of that standard. These showing would contain a demonstration ozone NAAQS prior to revocation of the include continued implementation of of continued maintenance of the 2008 NAAQS have contingency measures that the control measures that brought the ozone NAAQS in the area for 10 years are activated should the area begin to re- area into attainment. For these areas, from the effective date of the area’s violate the 1997 ozone NAAQS. These and for any area designated attainment designation as attainment for the 2008 areas designated attainment for the 2008 for the 2008 NAAQS, the CAA’s general ozone NAAQS. The EPA committed to ozone NAAQS and nonattainment for NAAQS air quality management providing guidance regarding the the 1997 ozone NAAQS would not be framework and associated regulatory specific elements of the maintenance subject to any maintenance plans or provisions continue to apply, and serve showing if this route were chosen. contingency measures. Implementing as the foundation for handling any the alternative approach would address b. Final Action potential future issues with maintaining this inequity. the 2008 NAAQS. The EPA is finalizing the preferred Response: The EPA disagrees with the option: For areas designated attainment commenter. The control measures 3. Areas Designated Nonattainment for for the 2008 ozone NAAQS and implemented by these areas and the 2008 Ozone NAAQS and nonattainment for the 1997 ozone included in their SIPs have already Maintenance for the 1997 Ozone NAAQS (as of revocation of the 1997 produced sufficient emissions NAAQS ozone NAAQS) states are not required to reductions to achieve air quality that not a. Summary of the Proposal only attained the 1997 ozone NAAQS, adopt any outstanding applicable The EPA proposed that for these but also resulted in an attainment requirements for the revoked 1997 areas, the area’s approved CAA section designation for the more stringent 2008 standard. Approved PSD SIPs for these 175A maintenance plan for the revoked ozone NAAQS. These control measures areas satisfy the obligation to submit an 1997 ozone NAAQS would satisfy the cannot be modified or removed without approvable maintenance plan for the obligation to submit a second 2008 ozone NAAQS under CAA section a demonstration satisfying CAA section approvable maintenance plan under 110(a)(1). 110(l) and in some cases both CAA CAA section 175A for the revoked 1997 sections 110(l) and 193. These ozone NAAQS. c. Rationale demonstrations must address not only Areas designated attainment for the the 1997 ozone NAAQS but also the b. Final Action 2008 ozone NAAQS and nonattainment 2008 ozone NAAQS as well as any The EPA is finalizing this as for the 1997 ozone NAAQS (as of future NAAQS. proposed. revocation of the 1997 ozone NAAQS) Comment: One commenter believed have already attained the most stringent both proposed approaches violate the c. Rationale existing standard, notwithstanding any plain language of the CAA by not All areas in this group are already existing nonattainment designation. requiring the area to submit a CAA subject to an approved CAA section These areas thus have developed section 175A maintenance plan, and 175A maintenance plan for the revoked nonattainment SIPs that in combination thus opposed both options. A second 1997 ozone NAAQS and have been with federal measures and emissions commenter believed that the EPA redesignated to attainment for the 1997 controls in upwind areas have produced should continue to require formal 10- ozone NAAQS. As explained elsewhere, sufficient emissions reductions to year maintenance plan submittals for the approval of the redesignation achieve air quality that attained both the the 1997 ozone NAAQS from these areas request and of the CAA section 175A 1997 ozone NAAQS and resulted in an in an attempt to guarantee that controls maintenance plan for the 1997 ozone attainment designation for the more are not relaxed, thus impacting NAAQS required the EPA to determine protective 2008 ozone NAAQS. They downwind areas. that any anti-backsliding requirements

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of these areas for the 1997 standard, as commenter suggested that the EPA into its SIP for any prior standard, the well as any requirements that might be review the record for areas violating a revision must comply with the anti- applicable for the 1-hour standard, have NAAQS for which it had been backsliding checks in CAA sections been met. Thus the EPA’s approvals of redesignated to attainment with an 110(l) and 193. the redesignation request and the approved maintenance plan. Waiving maintenance plan for the 1997 standard the requirements of a second 10-year b. Final Action maintenance plan as described in CAA signify not only that all applicable The EPA is finalizing this as requirements for the 1997 ozone section 175A(b) without support is proposed. In an area designated NAAQS have been met, but also that all arbitrary and undermines the nonattainment for the 2008 ozone applicable anti-backsliding measures for protections of the Act. the 1-hour standard have been adopted Response: The EPA recognizes that NAAQS and nonattainment for the 1997 and approved into the SIP. No revision the approved 175A maintenance plan ozone NAAQS at the time of revocation to the CAA section 175A maintenance for the 1997 ozone NAAQS can only be of the 1997 ozone NAAQS the state will plans for these areas can be approved modified via a CAA section 110(l) and, be obligated to implement the unless it complies with the anti- where appropriate, a CAA section 193 applicable requirements set forth in backsliding checks in CAA sections showing. These analyses would have to 51.1100(o) for the 1997 ozone NAAQS. 110(l) and 193. demonstrate that any revisions to the This could include, as applicable, anti- These areas are also designated maintenance plan would not interfere backsliding requirements associated nonattainment for the more stringent with the ability to demonstrate timely with the revoked 1-hour NAAQS if the 2008 ozone NAAQS and therefore are attainment for the new standard. The area was also designated nonattainment subject to nonattainment NSR and other removal of the requirement for the for the 1-hour ozone NAAQS when that nonattainment requirements for their second 10-year plan for maintenance of NAAQS was revoked. Nonattainment classification under the more stringent a revoked, less stringent standard that NSR applies in these areas in 2008 ozone NAAQS. Thus, the EPA the areas previously attained allows accordance with their highest believes that there is no justification for states to focus planning and control nonattainment classification under any a second CAA section 175A efforts on attaining and maintaining the ozone standard for which they are (or maintenance plan to be imposed on more stringent and currently applicable were at the time of revocation) these areas solely because at one time 2008 ozone NAAQS in these areas, for designated nonattainment. Also, if these they were designated nonattainment the already attained 1997 ozone areas are classified Severe or Extreme at under a revoked ozone NAAQS. NAAQS. The areas will remain subject the time of revocation for a prior to the MVEBs established in the d. Comments and Responses standard, the requirements of CAA approved 175A maintenance plan until section 185 in relation to that prior Comment: A commenter that such time that MVEBs for the more standard continue to apply. supported the EPA’s approach indicated stringent 2008 ozone NAAQS are that the proposed regulatory text for submitted and are found adequate or are c. Rationale areas designated nonattainment for the approved, which must be used for 2008 ozone NAAQS and maintenance transportation conformity The EPA believes that the application for the 1997 ozone NAAQS, located in determinations under the 2008 ozone of anti-backsliding principles is very 40 CFR 51.1105(a)(2), should be NAAQS pursuant to the conformity clear cut for this category of areas. These modified in line with text in 40 CFR regulations. areas remain subject to the applicable 51.1105(a)(4) to allow maintenance requirements for the 2008 ozone 4. 2008 Nonattainment Areas Also plans to be modified consistent with NAAQS, as well as for any of the CAA sections 110(l) and 193. Designated Nonattainment for a Prior Revoked Ozone NAAQS revoked ozone NAAQS for which the Response: The EPA agrees that the areas remained nonattainment, until the text regarding areas designated a. Summary of the Proposal requirements are satisfied or suspended maintenance for the 1997 ozone NAAQS The EPA proposed that areas as detailed in sections IV.D and IV.E. should be modified. The regulatory text designated nonattainment for the 2008 The EPA received no adverse comments has been adjusted to reflect that ozone NAAQS and also designated on this approach. maintenance plans can be modified nonattainment for the 1997 ozone pursuant to CAA sections 110(l) and NAAQS as of the revocation of the 1997 D. Satisfaction of Anti-Backsliding 193. NAAQS 90 will be subject to applicable Requirements for an Area Comment: One commenter indicated anti-backsliding requirements for the that a second 10-year 175A maintenance 1. Summary of the Proposal applicable prior NAAQS as set forth in plan was needed by these areas. The 51.1100(o), as well as the pertinent The EPA proposed two acceptable commenter maintained that the EPA’s requirements for the current 2008 ozone procedures through which a state may proposed approach does not NAAQS. In addition, if a state seeks to demonstrate that it is no longer required demonstrate continued maintenance. revise any measure already approved The commenter stated that an area to adopt any additional applicable designated nonattainment for the 2008 requirements for an area which have not 90 We do not include in these groups any areas already been approved into the SIP for ozone NAAQS should prepare a second that were redesignated to attainment for the 1997 maintenance plan to assure ozone NAAQS prior to revocation of that NAAQS. a revoked ozone NAAQS. Both maintenance and set conformity In order to be redesignated for the 1997 ozone procedures allow a state to remove or budgets. Another commenter opposed NAAQS, the area had to satisfy all applicable anti- revise the nonattainment NSR backsliding requirements for the 1-hour ozone provisions in the SIP and, upon a the proposal because the CAA clearly NAAQS. Any 1997 ozone NAAQS nonattainment requires two 10-year maintenance plans. area that was designated nonattainment for the showing of consistency with the anti- The fact that the area is designated 1-hour ozone NAAQS at time of revocation of the backsliding checks in CAA sections nonattainment under the 2008 ozone 1-hour NAAQS had to meet applicable 1-hour 110(l) and 193 (if applicable), shift ozone NAAQS anti-backsliding requirements in requirements which are contained in the NAAQS is no guarantee that there will order to be redesignated to attainment for the 1997 be no increase in ozone violations. The ozone NAAQS. active portion of the SIP to the

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contingency measures portion of the nonattainment NSR requirements or 1-hour ozone NAAQS pursuant to the SIP.91 associated with the revoked NAAQS for express terms of CAA section 185. The first of the proposed procedures which the area completed a Approval of a redesignation to is formal redesignation of the area to redesignation substitute would be lifted, attainment for the 2008 ozone NAAQS attainment for the 2008 ozone NAAQS. leaving the remaining NSR requirements signifies that the state has satisfied its For areas subject to anti-backsliding to be determined by the highest obligations to adopt anti-backsliding requirements for revoked standards, remaining classification the area is requirements for the current and approval of a request for redesignation subject to, whether for the 2008 ozone revoked standards for that area. This to attainment for the 2008 ozone NAAQS or another revoked NAAQS for same approach was used in the Phase 1 NAAQS signifies that the state has which the EPA had not approved a Rule in requiring redesignations for the satisfied its obligations to adopt anti- redesignation showing. 1997 ozone NAAQS to address anti- backsliding requirements for the 2. Final Action backsliding requirements for the revoked standards. This is an extension revoked 1-hour standard. Approval of of the approach that the EPA adopted in The EPA is finalizing both routes as the CAA section 175A maintenance the Phase 1 Rule. The EPA proposed acceptable ways to address anti- plan for the 2008 ozone NAAQS assures that once the area is redesignated and backsliding requirements. That is, states that the area’s SIP includes the the requirement(s) for nonattainment can choose either to submit a request to provisions necessary for maintenance of NSR for the 2008 ozone NAAQS and for redesignate to attainment for the most the 2008 ozone NAAQS, which is the any prior ozone NAAQS cease to apply, current NAAQS with an approved 175A most stringent of the NAAQS. the state may request that the maintenance plan that addresses the Therefore, upon redesignation to corresponding nonattainment NSR current and revoked NAAQS, or to attainment and approval of its plan for requirements be removed from the SIP submit a redesignation substitute maintenance of the 2008 ozone NAAQS, rather than be retained as a maintenance request for a revoked NAAQS. Under an area will have satisfied its obligations plan contingency measure.92 The state both of the these procedures, a state to adopt anti-backsliding requirements. would instead implement the PSD seeking to revise its SIP to remove anti- All of the anti-backsliding measures that program. backsliding measures from the active have been approved into the SIP must The second of the proposed portion of its SIP must demonstrate, continue to be implemented unless or procedures for satisfying anti- pursuant to CAA section 110(l), that until the state can show that such backsliding requirements was a new such revision would not interfere with implementation is not necessary for separate route referred to as a attainment or maintenance of any maintenance, consistent with CAA ‘‘redesignation substitute’’ for a revoked applicable NAAQS, or any other 95 93 sections 110(l) and 193 if applicable. standard. This redesignation substitute requirement of the CAA. Experience has shown the EPA that a showing would serve as a successor to 3. Rationale second mechanism for areas to address redesignation to attainment, for which the requirements imposed by anti- the area would have been eligible were The first of the procedures, formal redesignation of the area to attainment backsliding requirements is also it not for revocation. The showing is appropriate. After revocation of the based on the CAA’s criteria for for the 2008 ozone NAAQS, is an extension of the approach that the EPA 1997 ozone NAAQS, areas that attain redesignation to attainment [CAA and meet requirements for the revoked section 107(d)(3)(E)]. States would have adopted in the Phase 1 Rule. Redesignation to attainment for the 2008 1997 or 1-hour ozone NAAQS would be to demonstrate that the area has attained disadvantaged relative to areas that were the relevant standard and met all of the ozone NAAQS would allow a state to terminate and remove from the active redesignated to attainment for those requirements for redesignation. After standards prior to their revocation. notice-and-comment rulemaking on this portion of its SIP any applicable anti- backsliding requirements, including Absent this second mechanism, areas showing, the EPA approval of the that would otherwise have qualified for showing would have the same effect on nonattainment NSR requirements associated with its classifications under redesignation to attainment for the 1997 the area’s nonattainment anti- or 1-hour ozone NAAQS, were it not for backsliding obligations as would a the 2008 ozone NAAQS, or under the 1997 or 1-hour ozone NAAQS, except revocation of those NAAQS, would redesignation to attainment for the need to continue implementing revoked standard. The EPA did not for areas in the OTR. The area would instead need, at a minimum, to potentially outdated and onerous propose to require states to go through requirements for a NAAQS they have formal SIP submission procedures to implement the PSD program. This approach is consistent with the EPA’s attained until they also qualify for submit a request for approval of a redesignation to attainment for the more redesignation substitute because it is not longstanding interpretation of nonattainment NSR requirements for stringent 2008 ozone NAAQS. The EPA a redesignation. The EPA proposed that believes that, under any view of anti- such an area would no longer be subject areas that are redesignated to attainment.94 Redesignation to backsliding for a revoked standard, it to any remaining applicable anti- should not mean imposing requirements backsliding requirements and the attainment would also terminate any obligations to implement CAA section greater than those that would apply if 185 fee programs in a Severe or Extreme the standard had not been revoked. 91 Nonattainment NSR is not required to be The EPA has no mechanism for retained in the SIP as a contingency measure. In area for the 2008 or prior revoked 1997 areas designated attainment, the PSD permitting formally redesignating areas for a program applies rather than nonattainment NSR. 93 Likewise, to the extent that a SIP revision Replacement or removal of an area’s NSR SIP seeking to remove anti-backsliding measures 95 This showing may be submitted to the EPA at provisions does not relieve sources in the area of modifies control requirements subject to CAA the same time as the maintenance plan, and may their obligations under previously established section 193, the revision would also have to satisfy be approved by the EPA in a single action. Subject permit conditions. the requirements of that provision. to this process, anti-backsliding requirements 92 States in the OTR may not use this flexibility 94 See 40 CFR 51.905(a)(3), the comparable contained in the SIP could be shifted to the because the CAA requires all areas of the OTR provision for transition from the 1-hour NAAQS to contingency measures portion of a CAA section including attainment areas to implement, at a the 1997 ozone NAAQS, which allows states with 175A maintenance plan, or, in limited minimum, the nonattainment NSR requirements such areas to request that the 1-hour nonattainment circumstances (such as nonattainment NSR) prescribed for Moderate areas. NSR provisions be removed from the SIP. removed from the SIP.

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revoked standard. However, by 110(l). The EPA is not providing this redesignation request for the current establishing the redesignation mechanism for the purpose of allowing 2008 ozone NAAQS, we assess whether substitute, the EPA is providing a states to relax or avoid air quality the area is in attainment for the current pathway for states to demonstrate and management measures that are needed and previous NAAQS. The maintenance for the EPA to acknowledge that they for attainment and maintenance of the plan submitted by the state have satisfied the applicable 2008 ozone NAAQS. The showings demonstrates that the area being requirements for the revoked 1-hour or required, the provisions of CAA section considered for redesignation will 1997 ozone NAAQS by submitting a 110(l), and the fact that the area remains continue for the next 10 years to attain showing that functions as a substitute subject to CAA requirements for the the standard that is requisite to protect for redesignation to attainment for that more stringent 2008 ozone NAAQS, public health, and that attainment is revoked standard, and ensures that the assure that is not the case. It is, due to permanent and enforceable substance of the redesignation however, important to relieve states of emissions reductions. A redesignation requirements are met. For a revoked requirements that are no longer to attainment signifies that the area has standard, this second mechanism will necessary, or that can be replaced by met the requirements of the 2008, as serve as a successor to redesignation to other forms of protection that might well as any revoked, NAAQS. CAA attainment, for which the area would better meet the local needs and section 185 specifically indicates have been eligible were it not for circumstances of an area. redesignation ‘‘as an attainment area for revocation. The EPA is providing in the ozone’’ as a basis for terminating fee The EPA believes this is an acceptable redesignation substitute option a requirements. Also, redesignation to approach because it is based on the mechanism that demands more than a attainment historically has terminated CAA’s criteria for redesignation to determination of attainment of the prior nonattainment NSR requirements, attainment [CAA section 107(d)(3)(E)]. NAAQS, and calls for a showing that which are not required to be kept in the A showing would include: Attainment addresses redesignation criteria for that SIP as contingency measures. See of the relevant revoked 1-hour or 1997 NAAQS. Moreover, the process under Greenbaum v. EPA (370 F.3d at 536). ozone NAAQS; a showing that this option occurs while the state Moreover, redesignation for the current attainment was due to permanent and remains subject to ongoing requirements standard was the unchallenged basis for enforceable emissions reductions; and a to meet the new more stringent standard demonstrating satisfaction of anti- demonstration that the area can in that area. In this context, this final backsliding requirements in the EPA’s continue to maintain the standard over action is clearly sufficient for its limited previous Phase 1 anti-backsliding the next 10 years. Redesignation criteria anti-backsliding purpose—it recognizes regime (69 FR 23951). We believe the in CAA section 107(d)(3)(E)(ii) and (v) and supports the state’s progress in application of the same principle when would be met by the existing approved having attained the prior standard in transitioning from the 1997 to the 2008 SIP, under which the area has attained that area due to permanent and ozone NAAQS is an even better fit: It is the revoked standard, in the context of enforceable emissions reductions, and impossible to attain the 2008 ozone (and reinforced by) the requirements for reinforces continued attainment by NAAQS without first achieving air the new 2008 ozone NAAQS. The EPA calling for a demonstration that the area quality that would attain the 1997 ozone will conduct notice-and-comment can maintain the revoked standard. NAAQS due to the identical form of the rulemaking on the state’s showings. We two standards. believe a notice-and-comment process 4. Comments and Responses Comment: A number of commenters fulfills the function of redesignation to Comment: Several commenters supported the concept of the attainment for the purpose of satisfying requested that the EPA preserve the redesignation substitute, but requested anti-backsliding requirements for a statutory mechanism as described in 42 that a more streamlined process be revoked standard. U.S.C 7407(d)(3) that would allow the developed. Several commenters The EPA believes that requiring more EPA to redesignate areas for a revoked suggested that a clean data elaborate administrative procedures for NAAQS. determination would be sufficient to purposes of approving a state’s request Response: After the revocation of a terminate anti-backsliding requirements for a redesignation substitute for a standard, the EPA believes that it can no for a revoked NAAQS. revoked NAAQS (for example, requiring longer take action to reclassify or to Response: The EPA recognizes that a states to use the formal SIP adoption redesignate areas for that standard. clean data determination alone is less process) would needlessly impose Revocation of the standard removes burdensome for states than a CAA burdens because the area will remain both classifications and designations for section 107(d)(3) redesignation or a subject to all the formal requirements the revoked standard. The EPA believes redesignation substitute. A clean data for redesignation to attainment for the the two mechanisms provided in the determination only suspends planning 2008 ozone NAAQS. Development of final rule accomplish the goals of 42 requirements associated with the SIP revisions takes time and imposes U.S.C 7407(d)(3) [CAA section NAAQS for which the determination administrative costs on states, industry 107(d)(3)] in a manner consistent with was granted. However, we believe that and the public. As in the case of a anti-backsliding principles and the redesignation and redesignation redesignation to attainment for the 2008 appropriate for the circumstance where substitute mechanisms represent the ozone NAAQS, at the time of submitting a more stringent NAAQS with the same minimum set of requirements sufficient a redesignation substitute request or at form and averaging time exists and is to demonstrate satisfaction of anti- any time thereafter, a state may request being actively implemented. backsliding requirements under the to revise its SIP so as to cease Comment: A commenter argued that EPA’s application of the principles of implementing a specific nonattainment redesignation to attainment for the 2008 CAA section 172(e). These mechanisms SIP requirement. However, this request ozone NAAQS is not sufficient to turn provide a way for states to demonstrate could not be granted, and the SIP off anti-backsliding obligations triggered that they have attained these standards, revised, until the EPA approves the under the revoked 1-hour or the 1997 they have met all the requirements for redesignation substitute and a ozone NAAQS. redesignations, and no longer need any demonstration that the SIP revision Response: The EPA disagrees with the anti-backsliding requirements beyond meets the requirements of CAA section commenter. When the EPA approves a those already approved in their SIPs.

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Comment: Two commenters asked the 1997 ozone NAAQS suspended the the attainment plan (provided that the EPA to reconsider the use of CAA obligation to submit any attainment- EPA has not already determined that the section 172(e). One of these commenters related SIP planning elements for the area failed to attain by its attainment asked that the use of 172(e) be applied 1997 ozone NAAQS not yet approved in deadline and thus triggered the to all applicable requirements required the SIP, for so long as the area obligation to implement a fee program). of areas subject to anti-backsliding continued to be in attainment of that The EPA notes that a determination of allowing them to substitute measures at NAAQS.97 In order to reflect the attainment would not, however, least as stringent as the controls listed. ongoing status of the Clean Data Policy suspend obligations to submit non- The other commenter believed no and to consolidate in one regulation a planning requirements such as application of 172(e) is justified, even to comprehensive provision applicable to nonattainment NSR, subpart 2 RACT or CAA section 185 fees where the EPA determinations of attainment for all emission inventories under CAA section has historically applied this principle. current and former ozone NAAQS, the 182(a)(1). Response: CAA section 172(e), which EPA proposed to replace 40 CFR 51.918 addresses relaxations of a NAAQS, with proposed 40 CFR 51.1118 after 3. Rationale requires protections for areas that have revocation of the 1997 ozone NAAQS. 40 CFR 51.1118 applies essentially not attained a NAAQS prior to a 2. Final Action the same language as 40 CFR 51.918. relaxation, by requiring controls that are Upon revocation of the 1997 ozone ‘‘not less stringent’’ than the controls The EPA is finalizing its proposed NAAQS, this section would be applicable in nonattainment areas prior approach to implementing the Clean applicable to determinations of to any such relaxation. The EPA applied Data Policy with respect to the 2008 attainment for all ozone NAAQS: The these principles in developing previous ozone NAAQS and all prior ozone 2008, 1997 and the already revoked 1- guidance on satisfying the anti- NAAQS. Under the EPA’s Clean Data hour ozone NAAQS. With the backsliding approach for CAA section Regulation, a determination of finalization of 51.1118, the EPA’s long- 185 requirements. As stated in previous attainment suspends the obligation to standing Clean Data Policy, which has EPA guidance, we interpret the submit certain attainment-related been upheld by the D.C. Circuit and all principles of 172(e) as authorizing, but planning requirements for the other courts that have considered it, is not requiring, the Administrator to associated NAAQS for an area as long as embodied in a regulation applicable for approve on a case-by-case basis ‘‘not the area continues to attain that the purpose of all existing and prior 98 less stringent’’ alternatives to the standard. For those areas that have ozone NAAQS. The EPA believes that applicable CAA section 185 fee program already incorporated measures into their continuation of this approach makes the requirements associated with a revoked approved SIPs that satisfy the most sense for implementing the 2008 96 ozone NAAQS. The NRDC challenged nonattainment requirements for that ozone NAAQS. this guidance in 2010. Although the standard, CAA section 110(l) functions court vacated the 2010 guidance as an anti-backsliding check to require 4. Comments and Responses memorandum on procedural grounds, it continued implementation of such Comment: Two commenters indicated did not prohibit alternative programs, measures unless revised in accordance that a determination that an area has stating that ‘‘neither the statute nor our with its provisions. ‘‘clean data’’ for the more-stringent 2008 case law obviously precludes that The planning elements that may be ozone NAAQS should be sufficient to alternative.’’ See NRDC v. EPA, 643 F.3d suspended under 40 CFR 51.1118 are lift anti-backsliding requirements for the 332 (D.C. Cir. July 2011). We believe the the same as those suspended under 1997 and the 1-hour ozone NAAQS. application of CAA section 172(e) existing 40 CFR 51.918: RFP Response: A clean data determination principles to applicable CAA section requirements, attainment only suspends specific planning 185 anti-backsliding requirements is an demonstrations, RACM, contingency requirements, not mandatory control appropriate and reasonable use of the measures and other state planning requirements, which could include, as Administrator’s discretion to approve requirements related to attainment of applicable, anti-backsliding ‘‘not less stringent’’ controls. However, the relevant standard. For a Severe or requirements associated with revoked we did not propose and do not intend Extreme area, a CAA section 185 fee NAAQS. As explained previously, the at this time to promulgate regulatory program is expressly linked by the EPA believes that an approved language to apply principles of CAA statute itself to an attainment plan; redesignation to attainment or a section 172(e) to other anti-backsliding therefore suspension of the obligation to redesignation substitute is necessary to requirements. submit the attainment plan also lift anti-backsliding requirements. 40 necessarily suspends the obligation to E. How will the EPA’s determination of CFR 51.1118 clarifies that a clean data submit the fee program which is part of attainment (‘‘Clean Data’’) regulation determination for a specific standard apply for purposes of the anti- only affects attainment-related planning 97 The EPA initially issued the Clean Data Policy backsliding requirements? in 1995, ‘‘Reasonable Further Progress, Attainment requirements for that standard. 1. Summary of the Proposal Demonstration, and Related Requirements for Comment: A commenter requested Ozone Nonattainment Areas Meeting the Ozone that the EPA clarify language in the The EPA proposed to apply the same National Ambient Air Quality Standard.’’ proposed 40 CFR 51.1118 to indicate approach with respect to determinations Memorandum from John S. Seitz, Director, Office of Air Quality Planning and Standards, May 10, 1995. more specifically which NAAQS must of attainment for the 2008 ozone For purposes of the 1997 ozone NAAQS, we be attained to suspend planning NAAQS as applied under the 1997 codified that policy at 40 CFR 51.918. This codified requirements. policy was upheld by the D.C. Circuit in NRDC v. ozone NAAQS under 40 CFR 51.918. Response: The EPA will revise the Under 40 CFR 51.918, an EPA EPA, 571 F.3d 1245 (D.C. 2009). 98 Depending on the area’s classification for the language in 40 CFR 51.1118 to make it determination that an area attained the 1997 ozone NAAQS and the SIP elements already clear that a clean data determination for approved, the area may still have outstanding non- the 2008 NAAQS acts to suspend 96 Memo from Stephen D. Page to Regional Air planning 1997 anti-backsliding submission Division Directors, Jan. 5, 2010, ‘‘Guidance on requirements that are not suspended by 51.918 (e.g., planning requirements associated with Developing Fee Programs Required by Clean Air emissions inventories, nonattainment NSR, Subpart the 2008 and less stringent 1997 ozone Act Section 185 for the 1-Hour Ozone NAAQS.’’ 2 RACT requirements). NAAQS, which have an identical form.

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F. What is the relationship between and/or 1-hour ozone NAAQS apply in source threshold determinations for implementation of the 2008 ozone the area).100 both NSR and title V. NAAQS and the CAA title V permits In addition, the EPA notes that, under 3. Rationale program? CAA section 502, sources are required The EPA received a wide range of to operate in accordance with the terms 1. Summary of the Proposal comments on the question of whether of a title V permit if, inter alia, the We proposed, and solicited comment the major source thresholds for title V source is a major source or the source on, two alternative approaches for permitting should be considered a is required to have a permit under part implementing the title V permit ‘‘control’’ for purposes of the anti- D of Title I. Thus, even if a source is not program for sources in areas designated backsliding requirements of CAA a major source for purposes of title V, nonattainment for the 2008 ozone section 172(e). The EPA recognizes that it is still required to get a title V permit NAAQS and subject to anti-backsliding many of these comments raise valid if it is required to have a permit under requirements for a prior ozone NAAQS. perspectives. It is true that title V part D of title I. This provides additional The EPA co-proposed two approaches to generally does not impose new support to the EPA’s conclusion that the interpreting title V applicability substantive pollution control major source permitting threshold for requirements following revocation of requirements on sources, and thus NSR and RACT should be the same as the 1997 ozone NAAQS: (1) Major ordinarily the EPA would not describe for title V because otherwise, a source source thresholds for title V should be title V permitting itself as a ‘‘control.’’ that is not a ‘‘major source’’ for purposes the same as the major source thresholds At the same time, the EPA does believe of title V might not understand it is still applicable for purposes of other that one of the underlying purposes of covered by the applicability provisions requirements such as RACT and NSR; title V is to assure compliance with the of parts 70 and 71, if it is required to and (2) major source thresholds for title pollution control requirements have a permit under part D of title I. V depend solely on the area’s applicable to a source. Thus, it may well Maintaining consistency between the classification for the 2008 ozone be true that title V provides air quality NSR and title V thresholds in this regard NAAQS. The EPA specifically solicited benefits, and should be considered a will promote compliance with CAA comments on whether title V should (or ‘‘control’’ under the broad, functional requirements by providing a simpler should not) be considered a ‘‘control’’ analysis used by the court in the South permitting regime, ensuring that sources within the meaning of CAA section Coast v. EPA decision. The EPA subject to major source NSR understand 172(e) in light of the fact that title V believes it is unnecessary to resolve this they are also subject to title V, and generally does not impose new precise question at this time, because enabling permitting authorities to substantive air quality control the EPA believes that regardless of identify sources that are potentially requirements but is intended to assure whether title V should be considered a subject to major source NSR. The EPA compliance with all such existing ‘‘control’’ for purposes of CAA section believes a contrary approach would requirements. 172(e), it fulfils the purposes and introduce not only complexity, but requirements of the Act for title V anomalies, into the permitting program 2. Final Action permitting thresholds to be the same as that would be contrary to the purposes We are finalizing the first option and the permitting thresholds for underlying and requirements of the Act. To the associated proposed revisions to applicable requirements, particularly promote effective program parts 70 and 71. Following revocation of NSR which was considered a control by implementation and ensure consistency the South Coast court. the 1997 ozone NAAQS, major source with the CAA, this final rule will amend Title V and NSR have long shared a thresholds for title V will be the same the relevant provisions of parts 70 and common approach to the definition of 71 related to application of title V as the major source 99 thresholds major source.101 102 The EPA concurs thresholds. applicable for purposes of other with the commenters, such as Texas and requirements, such as RACT and NSR New York, who believe that we should 4. Comments and Responses (i.e., the major source threshold maintain clarity and uniformity in major Comment: Several commenters associated with the more stringent of the supported the first option, which sets area’s classification for the 2008, 1997 100 It should be noted that, pursuant to CAA major source title V thresholds equal to and/or 1-hour ozone NAAQS will be the section 503(a), a source is subject to a permit those applied for RACT and NSR. One applicable threshold for title V program on the later of the date that it becomes a of these commenters supported the first purposes, to the extent that anti- major source and the effective date of a permit program applicable to the source. Thus, if a option with the minor conforming backsliding requirements for the 1997 permitting authority with an approved title V amendments to the definition of major program lacks any authority to permit certain source in 40 CFR 70.2 and 71.2 as 99 One of the ways a source can become subject sources that are major sources subject to title V as detailed on page 34225 of the proposal. to title V is as a ‘‘major source.’’ See CAA section a result of ozone precursor emissions and an area 502(a); 40 CFR 70.3; 71.3. Furthermore, the classification for ozone that has a major source Commenters stated that this approach definition of ‘‘major source’’ for purposes of title V threshold lower than 100 tpy (e.g., ‘‘Serious’’) then would provide applicants with clarity includes, but is not limited to, a ‘‘major stationary there is no title V permit program ‘‘applicable to the and uniformity regarding applicable source as defined . . . in part D’’ of title I. See CAA source’’ and those sources have no obligation to major source thresholds, and that this section 501(2)(B) and 502(a); 40 CFR 70.2; 71.2. apply for a title V permit until after such time as Thus, changes in an area’s classification (e.g., from a permit program becomes applicable to them. The approach maintains the consistency ‘‘Serious’’ to ‘‘Severe’’) by changing the emissions EPA will work with states to ensure that all which will ultimately simplify threshold for being deemed a major source (e.g., approved title V programs are adequate under the permitting and enforcement. A from 100 tpy to 50 tpy of a relevant pollutant) can CAA. commenter indicated that option 1 is result in changes in title V applicability for a 101 The EPA recognizes that there are statutory source. (The EPA notes that sources can become and regulatory differences between title V and NSR, supported by the fact that these subject to title V permitting for other reasons, and but for purposes of the discussion we are focusing thresholds emanate from the same nothing in this discussion is intended to suggest on the commonalities. provisions of the CAA (part D of title I), that changes in an area’s classification would affect 102 See, e.g., Memorandum from Lydia N. therefore, the intent of the CAA was to those other provisions of title V. Accordingly, Wegman, Deputy Director, Office of Air Quality sources subject to title V under other provisions Planning and Standards, U.S. EPA, ‘‘Definition of keep the thresholds the same. Several would remain subject to title V for those Regulated Air Pollutant for Purposes of Title V’’ commenters noted that the first independent reasons.) (April 26, 1993). approach is consistent with past

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precedent and compelled by the Act’s backsliding requirements of CAA requirements for all areas designated anti-backsliding requirements as well as section 172(e). Several commenters nonattainment under the 2008 ozone court precedent. believed that title V should be NAAQS, this action protects all those Response: As discussed previously, considered as a control within the residing, working, attending school, or the EPA agrees with these commenters meaning of CAA section 172(e). One otherwise present in those areas that the major source threshold for title commenter stated that title V permits regardless of minority or economic V should be the same as the major represent ‘‘controls’’ for purposes of the status. source threshold for NSR and RACT, Act’s anti-backsliding requirements and, and the EPA is finalizing the proposed as such, the EPA should abide by South VI. Statutory and Executive Order revisions to parts 70 and 71 to make that Coast v. EPA and use the same major Reviews clear. source thresholds for administering the A. Executive Order 12866: Regulatory Comment: Several commenters title V permit program as the agency Planning and Review and Executive supported the second approach, in proposes to for the NSR and RACT Order 13563: Improving Regulation and which the major source thresholds for programs. The commenter stated that Regulatory Review title V permitting are based solely on an title V permits serve as independently This action is a significant regulatory area’s classification for the 2008 ozone enforceable compliance assurance NAAQS. Commenters cited a number of mechanisms that constrain emissions by action that was submitted to the Office reasons for this, including: This sources and accordingly should be seen of Management and Budget (OMB) for approach would provide relief to small as control measures. Since title V review. This action raises novel policy operators, and that this approach makes permits collect multiple control issues. Any changes made in response good sense in a time of resource requirements in one document, there is to OMB recommendations have been constraints. Several commenters no reason for the agency to depart from documented in the docket. questioned the utility of setting title V South Coast v. EPA and treat title V B. Paperwork Reduction Act (PRA) levels based on a revoked NAAQS. permitting classifications differently The information collection activities Several commenters also commented than, for example, NSR permitting. that EPA’s understanding of the impacts A number of commenters stated that in this final rule have been submitted of the South Coast v. EPA decision is the title V program is not a control in for approval to the Office of not correct. These commenters agreed and of itself. One commenter stated that Management and Budget under the that the classifications of revoked the EPA has consistently stated that title PRA. The Information Collection NAAQS can impact the NSR level, but V is a separate program when compared Request (ICR) document that the EPA disagreed with the EPA that the title V to the requirements of title I. Several prepared has been assigned the EPA ICR levels are controlled by anything other commenters stated that the history of number 2347.02 and OMB Reference than the current 2008 ozone NAAQS. title V rulemaking is clear on this point, number 2060–0695. You can find a copy Response: The EPA recognizes that indicating that the EPA has stated of the ICR in the docket for this rule, the approach being adopted does not repeatedly that no substantive controls and it is briefly summarized here. The solely rely on the area’s current are imposed simply by having a title V information collection requirements are classification for purposes of permit. Title V should not be considered not enforceable until OMB approves determining major source thresholds for a ‘‘control’’ in light of the fact that title them. title V. The EPA believes there is V is not intended to impose new The EPA is finalizing this 2008 ozone ambiguity in the intersection between substantive air quality control NAAQS SIP Requirements Rule so that title V and part D as to whether title V requirements but is instead intended to states will know what CAA should apply the major source threshold assure compliance with all existing requirements apply to their of the area’s current classification, or the applicable requirements. nonattainment areas when the states area’s classification for purposes of NSR Response: The EPA believes it is develop their SIPs for attaining and and other underlying applicable unnecessary to resolve this precise maintaining the NAAQS. The intended requirements, when that threshold question at this time, because the EPA effect of the SIP Requirements Rule is to would be lower. As discussed believes that regardless of whether title provide certainty to states regarding previously, the EPA believes that it is V should be considered a ‘‘control’’ for their planning obligations such that appropriate under the CAA, and purposes of CAA section 172(e), it states may begin SIP development. For consistent with the EPA’s longstanding fulfills the purposes and requirements purposes of analysis of the estimated approach to these programs, for a source of the CAA for title V permitting paperwork burden, the EPA assumed 46 which is considered to be ‘‘major’’ for thresholds to be the same as the nonattainment areas,103 some of which purposes of NSR to also be considered permitting thresholds for underlying must prepare an attainment ‘‘major’’ for purposes of title V. For the applicable requirements, particularly demonstration as well as submit an RFP reasons stated previously, the EPA NSR. Thus, the EPA is taking final and RACT SIP. The attainment believes maintaining consistency in the action adopting the interpretation that demonstration requirement would major source applicability of the two major source definitions should be the appear in 40 CFR 51.1108 which programs in the context of today’s same for both programs. implements CAA subsections 172(c)(1), rulemaking is the best approach to 182(b)(1)(A) and 182(c)(2)(B). The RFP promote consistency and compliance V. Environmental Justice SIP submission requirement would with the purposes and requirements of Considerations appear in 40 CFR 51.1110, and the the CAA. Additional information can be The CAA requires that states with RACT SIP submission requirement found in the Response to Comments areas designated as nonattainment would appear in 40 CFR 51.1112, which document. submit to the Administrator the implements CAA subsections 172(c)(1) Comment: The EPA received a wide appropriate SIP revisions and 182(b)(2), (c), (d) and (e). range of comments on the question of implement specified control measures States should already have whether the major source thresholds for by certain dates applicable to the area’s information from many emission title V permitting should be considered classification. By addressing the a ‘‘control’’ for purposes of the anti- planning and implementation 103 May 21, 2012, 77 FR 30088.

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sources, as facilities should have approved information collection Although Executive Order 13175 does provided this information to meet 1- activities contained in this final rule. not apply to this action, the EPA met hour and 1997 ozone NAAQS SIP with tribal officials in developing the C. Regulatory Flexibility Act (RFA) requirements, operating permits and/or proposal. Meeting summaries are emissions reporting requirements. Such I certify that this action will not have contained in the docket for this information does not generally reveal a significant economic impact on a rulemaking. the details of production processes. But, substantial number of small entities G. Executive Order 13045: Protection of to the extent it may, confidential under the RFA. This action will not Children From Environmental Health business information for the affected impose any requirements on small and Safety Risks facilities is protected. Specifically, entities. Entities potentially affected submissions of emissions and control directly by this rule include state, local The EPA interprets Executive Order efficiency information that is and tribal governments and none of 13045 as applying only to those confidential, proprietary and trade these governments are small regulatory actions that concern secret is protected from disclosure governments. Other types of small environmental health or safety risks that under the requirements of subsections entities are not directly subject to the the EPA has reason to believe may 503(e) and 114(c) of the CAA. requirements of this rule because this disproportionately affect children, per The annual burden for this action only addresses how a SIP will the definition of ‘‘covered regulatory information collection averaged over the provide for adequate attainment and action’’ in section 2–202 of the first 3 years of this ICR is estimated to maintenance of the NAAQS and meet Executive Order. This action is not be a total of 120,000 labor hours per the obligations of the CAA. Although subject to Executive Order 13045 year at an annual labor cost of $2.4 some states may ultimately decide to because it does not concern an million (present value) over the 3-year impose economic impacts on small environmental health risk or safety risk. period or approximately $91,000 per entities, that is not required by this rule state for the 26 state air agency and would only occur at the discretion H. Executive Order 13211: Actions respondents, including the District of of the state. Concerning Regulations That Columbia. The Information Collection Significantly Affect Energy Supply, D. Unfunded Mandates Reform Act Request Supporting Statement for the Distribution or Use (UMRA) 2008 8-hour Ozone National Ambient This action is not a ‘‘significant Air Quality Standard Implementation This action does not contain any energy action’’ because it is not likely to Rule EPA ICR #2347.02 in the docket unfunded mandate as described in have a significant adverse effect on the provides the details for the 26 state air UMRA, 2 U.S.C. 1531–1538, and does supply, distribution or use of energy. agencies that are required to provide the not significantly or uniquely affect small This final rule addresses the substantive 58 SIP revisions for the 46 areas governments. The action implements requirements for states with designated nonattainment for the 2008 mandates specifically and explicitly set nonattainment areas to develop ozone standard. The average annual forth in the CAA without the exercise of planning SIPs and attain the NAAQS. reporting burden is 690 hours per any policy discretion by the EPA. response, with approximately 2 I. National Technology Transfer and responses per state for 58 state E. Executive Order 13132: Federalism Advancement Act (NTTA) responses from the state air agencies. This action does not have federalism This rulemaking does not involve There are no capital or operating and implications. It will not have substantial technical standards. maintenance costs associated with the direct effects on the states, on the proposed rule requirements. Burden is relationship between the national J. Executive Order 12898: Federal defined at 5 CFR 1320.3(b). government and the states, or on the Actions To Address Environmental Respondents/affected entities: States distribution of power and Justice in Minority Populations and with 46 nonattainment areas. responsibilities among the various Low-Income Populations Respondent’s obligation to respond: levels of government. Mandatory (CAA, sections 172 and 182). The EPA believes the human health or F. Executive Order 13175: Consultation Estimated number of respondents: 26 environmental risk addressed by this and Coordination With Indian Tribal state respondents. action will not have potential Governments Frequency of response: Once. disproportionately high and adverse Total estimated burden: 40,000 hours This action does not have tribal human health or environmental effects (per year). Burden is defined at 5 CFR implications as specified in Executive on minority, low-income or indigenous 1320.3(b). Order 13175. It would not have a populations because it does not affect Total estimated cost: $2.4 million (per substantial direct effect on one or more the level of protection provided to year), includes $0 annualized capital or Indian tribes, since no tribe has to human health or the environment. operation & maintenance costs. develop a TIP under these regulatory The final revisions to the regulations An agency may not conduct or revisions. Furthermore, these regulation address the substantive requirements for sponsor, and a person is not required to revisions do not affect the relationship SIPs to attain the NAAQS, which are respond to, a collection of information or distribution of power and designed to protect all segments of the unless it displays a currently valid OMB responsibilities between the federal general populations. As such, they do control number. The OMB control government and Indian tribes. The CAA not adversely affect the health or safety numbers for the EPA’s regulations in 40 and the Tribal Air Rule establish the of minority or low-income populations CFR are listed in 40 CFR part 9. When relationship of the federal government and are designed to protect and enhance OMB approves this ICR, the agency will and tribes in developing plans to attain the health and safety of these and other announce that approval in the Federal the NAAQS, and these revisions to the populations. The EPA encourages states Register and publish a technical regulations do nothing to modify that to consider any potential impacts on amendment to 40 CFR part 9 to display relationship. Thus, Executive Order these populations in developing SIPs to the OMB control number for the 13175 does not apply to this action. attain the NAAQS.

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K. Congressional Review Act (CRA) rulemaking actions to be of nationwide NOX Nitrogen Oxides scope and effect.104 NPRM Notice of Proposed Rulemaking This action is subject to the CRA, and Under section 307(b)(1) of the Act, NSR New Source Review the EPA will submit a rule report to petitions for judicial review of this NTTAA National Technology Transfer and each House of the Congress and to the action must be filed in the United States Advancement Act of 1995 Comptroller General of the United Court of Appeals for the District of OMB Office of Management and Budget States. This action is not a ‘‘major rule’’ ORVR Onboard refueling vapor recovery Columbia Circuit by May 4, 2015. Any OTR Ozone Transport Region as defined by 5 U.S.C. 804(2). such judicial review is limited to only PM Particulate Matter those objections that are raised with L. Determination Under Section 307(d) PM2.5 Fine Particulate Matter reasonable specificity in timely ppb Parts per Billion Pursuant to CAA section 307(d)(1)(V), comments. Filing a petition for ppm Parts per Million the Administrator determines that this reconsideration by the Administrator of PSD Prevention of Significant Deterioration action is subject to the provisions of this final rule does not affect the finality RACM Reasonably Available Control CAA section 307(d). Section 307(d) of this rule for the purposes of judicial Measures review nor does it extend the time RACT Reasonably Available Control establishes procedural requirements Technology specific to rulemaking under the CAA. within which a petition for judicial review may be filed and shall not RFA Regulatory Flexibility Act CAA section 307(d)(1)(V) provides that RFG Reformulated Gasoline postpone the effectiveness of such rule the provisions of CAA section 307(d) RFP Reasonable Further Progress apply to ‘‘such other actions as the or action. Under section 307(b)(2) of the ROP Rate-of-Progress Administrator may determine.’’ Act, the requirements of this final action RPO Regional Planning Organization may not be challenged later in civil or SBA Small Business Administration M. Judicial Review criminal proceedings brought by us to SIP State Implementation Plan enforce these requirements. TAR Tribal Authority Rule Section 307(b)(1) of the CAA indicates TAS Treatment in the Same Manner as a which Federal Courts of Appeal have Appendix A to Preamble Glossary of State (‘‘Treatment as State’’) venue for petitions of review of final Terms and Acronyms TIP Tribal Implementation Plan; also agency actions by the EPA under the ACT Alternative Control Techniques Transportation Improvement Program CAA. This section provides, in part, that (document) (depending on context) petitions for review must be filed in the AERR Air Emissions Reporting tpd Tons Per Day U.S. Court of Appeals for the District of Requirements Rule tpy Tons Per Year TSP Total Suspended Particulate Columbia Circuit (i) when the agency BACT Best Available Control Technology CAA Clean Air Act UMRA Unfunded Mandates Reform Act of action consists of ‘‘nationally applicable CAAAC Clean Air Act Advisory Committee 1995 regulations promulgated, or final actions CAIR Clean Air Interstate Rule VCS Voluntary Consensus Standards taken, by the Administrator’’ or (ii) CERR Consolidated Emissions Reporting VOC Volatile Organic Compound when such action is locally or regionally Rule applicable, if ‘‘such action is based on CFR Code of Federal Regulations Appendix B—List of Areas a determination of nationwide scope or CO Carbon Monoxide Nonattainment for the 2008 Ozone effect and if in taking such action the CSAPR Cross-State Air Pollution Rule NAAQS in Addition to a Prior Ozone CTG Control Technique Guideline NAAQS as of April 6, 2015 Administrator finds and publishes that DOT Department of Transportation such action is based on such a DV Design Value This table lists the areas that were determination.’’ EMFAC EMissions FACtors (a mobile designated nonattainment for the 2008 ozone emissions model) NAAQS effective July 20, 2012 that were also This rule implementing the 2008 nonattainment for a prior ozone NAAQS ozone NAAQS is ‘‘nationally EO Executive Order ESRP Emissions Statement Reporting (1997 NAAQS and/or 1-hour NAAQS) as of applicable’’ within the meaning of CAA Program the date the prior NAAQS was revoked. The section 307(b)(1). First, the rulemaking EGU Electricity Generating Unit table also indicates the attainment-related addresses a NAAQS that applies to all EPA Environmental Protection Agency status of each area with respect to each of the states and territories in the U.S. Second, FIP Federal Implementation Plan ozone standards, which is relevant to the rulemaking addresses issues GDF Gasoline dispensing facilities understanding which obligations associated relevant to specific existing SIP HEDD High Electric Demand Day with the standards applies to each area, as provisions in states across the U.S. that ICR Information Collection Requirement detailed in this final rule. Clean Data I/M Inspection and Maintenance (i.e., smog Determination means the area received a are located in each of the 10 EPA check) determination from the EPA that suspends Regions, numerous federal circuits and km Kilometers the obligation to submit to the EPA certain multiple time zones. Third, the LAER Lowest Achievable Emission Rate planning requirements associated with a rulemaking addresses a common core of MACT Maximum Achievable Control standard. Attainment Deadline knowledge and analysis involved in Technology Determination means the EPA determined formulating the decision and a common MCR Mid-course Review that the area attained a standard by the interpretation of the requirements of the MPO Metropolitan Planning Organization applicable attainment date. No Action means CAA being applied to SIPs in states NAAQS National Ambient Air Quality the EPA did not determine that the area Standards across the country. Fourth, the qualified for either a Clean Data Determination or a determination of rulemaking, by addressing issues 104 See, e.g., State of Texas, et al. v. EPA, 2011 attainment by the applicable attainment date. relevant to appropriate SIP provisions in U.S. App. LEXIS 5654 (5th Cir. 2011) (finding SIP The term ‘‘n/a’’ means not applicable for this one state, may have precedential call to 13 states to be of nationwide scope and effect area because the area was not nonattainment impacts upon the SIPs of other states and thus transferring the case to the U.S. Court of Appeals for the D.C. Circuit in accordance with for the 1-hour ozone NAAQS at the time the nationwide. Courts have found similar CAA section 307(b)(1)). 1-hour NAAQS was revoked (June 15, 2005).

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2008 8-hour 1997 8-hour 2008 Nonattainment area ozone ozone 1997 8-hour ozone 1-hour ozone 1-hour ozone name classification classification attainment determination classification attainment determination

Baltimore Area, MD ...... Moderate ...... Serious ...... No Action ...... Severe-15 ...... Clean Data Determination. Calaveras County, CA 1 ..... Marginal ...... Moderate ...... Clean Data Determination, n/a ...... n/a. Attainment Deadline De- termination. Chico Area, CA ...... Marginal ...... Marginal ...... Clean Data Determination, n/a ...... n/a. Attainment Deadline De- termination. Dallas-Fort Worth Area, Moderate ...... Serious ...... No Action ...... Serious ...... Clean Data Determination. TX 1. Denver-Boulder-Greeley-Ft. Marginal ...... Marginal ...... No Action ...... n/a ...... n/a. Collins-Loveland Area, CO. Dukes County, MA 1 ...... Marginal ...... Moderate ...... Clean Data Determination, Serious ...... Clean Data Determination, Attainment Deadline De- Attainment Deadline De- termination. termination. Greater Connecticut Area, Marginal ...... Moderate ...... Clean Data Determination, Serious ...... Clean Data Determination. CT. Attainment Deadline De- termination. Houston-Galveston- Marginal ...... Severe-15 ...... No Action ...... Severe-17 ...... No Action. Brazoria Area, TX. Imperial County Area, CA .. Marginal ...... Moderate ...... Clean Data Determination n/a ...... n/a. Jamestown Area, NY ...... Marginal ...... Moderate ...... Clean Data Determination 2 n/a ...... n/a. Kern County (Eastern Marginal ...... Moderate ...... Clean Data Determination, n/a ...... n/a. Kern) Area, CA. Attainment Deadline De- termination. Los Angeles and San Severe-15 ...... Severe-15 ...... No Action ...... Severe-17 ...... No Action. Bernardino Counties (W Mojave Desert) Area, CA. Los Angeles-South Coast Extreme ...... Extreme ...... No Action ...... Extreme ...... No Action. Air Basin Area, CA. Mariposa County, CA 1 ...... Marginal ...... Moderate ...... Clean Data Determination, n/a ...... n/a. Attainment Deadline De- termination. Morongo Areas of Indian Serious ...... Severe-17 ...... No Action ...... Severe-17 ...... No Action. Country (Morongo Band of Mission Indians) 3. Nevada County (Western Marginal ...... Moderate ...... Clean Data Determination, n/a ...... n/a. part) Area, CA. Attainment Deadline De- termination. New York-N. New Jersey- Marginal ...... Moderate ...... Clean Data Determination, Severe-17 ...... Clean Data Determination. Long Island Area, NY- Attainment Deadline De- NJ-CT. termination. Pechanga Areas of Indian Moderate ...... Severe-17 ...... No Action ...... Extreme ...... No Action. Country (Pechanga Band of Luiseno Mission Indi- ans of the Pechanga Reservation) 4. Philadelphia-Wilmington-At- Marginal ...... Moderate ...... Clean Data Determination, Severe-15 ...... Clean Data Determination, lantic City Area, PA-NJ- Attainment Deadline De- Attainment Deadline De- MD-DE 1. termination. termination. Pittsburgh-Beaver Valley Marginal ...... Moderate ...... Clean Data Determination 2 n/a ...... n/a. Area, PA. Riverside County Severe-15 ...... Severe-15 ...... No Action ...... Severe-17 ...... No Action. (Coachella Valley) Area (1-hr Southeast Desert), CA. Sacramento Metro Area, Severe-15 ...... Severe-15 ...... No Action ...... Severe-15 ...... Clean Data Determination. CA. San Francisco Bay Area, Marginal ...... Marginal ...... No Action ...... Other ...... Clean Data Determination, CA. Attainment Deadline De- termination. San Joaquin Valley Area, Extreme ...... Extreme ...... No Action ...... Extreme ...... No Action. CA. Seaford, DE 5 ...... Marginal ...... Moderate ...... Clean Data Determination, Marginal ...... Clean Data Determination, Attainment Deadline De- Attainment Deadline De- termination. termination. Sheboygan County, WI ...... Marginal ...... Moderate ...... Clean Data Determination n/a ...... n/a. Ventura County (part) Serious ...... Serious ...... Clean Data Determination Severe-15 ...... Clean Data Determination, Area, CA. Attainment Deadline De- termination.

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2008 8-hour 1997 8-hour 2008 Nonattainment area ozone ozone 1997 8-hour ozone 1-hour ozone 1-hour ozone name classification classification attainment determination classification attainment determination

Washington Area, DC-MD- Marginal ...... Moderate ...... Clean Data Determination, Severe-15 ...... Clean Data Determination, VA. Attainment Deadline De- Attainment Deadline De- termination. termination. 1 2008 ozone NAAQS nonattainment area boundary differs from 1997 and (where applicable) 1-hr ozone NAAQS nonattainment area bound- ary. 2 Former subpart 1 areas with Determinations of Attainment prior to subpart 2 classification on May 14, 2012 (77 FR 28424). An Attainment Deadline Determination for these areas for the 1997 ozone NAAQS attainment dates is pending with the EPA. 3 Part of Los Angeles-South Coast Air Basin Area, CA (South Coast) for 1997 and 1-hr ozone nonattainment area boundaries. The EPA pub- lished a correction of the classification for the 1997 ozone and 1-hr ozone NAAQS on September 23, 2013 (78 FR 58189). 4 Part of Los Angeles-South Coast Air Basin Area, CA (South Coast) for 1997 and 1-hr ozone nonattainment area boundaries. The EPA pub- lished a correction of the classification for the 1997 ozone NAAQS on May 5, 2010 (75 FR 24409). 5 Part of the Philadelphia-Wilmington-Atlantic City Area, PA, NJ, MD, DE for 1997 ozone nonattainment area boundary, and part of the Sussex County, DE ozone nonattainment area boundary for the 1-hour ozone NAAQS.

Statutory Authority of Federal Regulations is amended as Subpart X—Provisions for The statutory authority for this action follows: Implementation of 8-Hour Ozone is provided by sections 109; 110; 172; National Ambient Air Quality PART 50—NATIONAL PRIMARY AND 181 through 185B; 301(a)(1) and Standards SECONDARY AMBIENT AIR QUALITY 501(2)(B) of the CAA, as amended (42 ■ 4. Add § 51.919 to read as follows: U.S.C. 7409; 42 U.S.C. 7410; 42 U.S.C. STANDARDS 7502; 42 U.S.C. 7511–7511f; 42 U.S.C. § 51.919 Applicability. ■ 7601(a)(1); 42 U.S.C. 7661(2)(B)). 1. The authority citation for part 50 As of April 6, 2015, the provisions of continues to read as follows: List of Subjects subpart AA shall replace the provisions Authority: 42 U.S.C. 7401, et seq. of subpart X, §§ 51.900 to 51.918, which 40 CFR Part 50 will cease to apply, with the exception ■ 2. In § 50.10, revise paragraph (c) to Environmental protection, Air of the attainment date extension read as follows: pollution control, Carbon monoxide, provisions of § 51.907 for the anti- Lead, Nitrogen dioxide, Ozone, § 50.10 National 8-hour primary and backsliding purposes of § 51.1105(d)(2). Particulate matter, Sulfur oxides. secondary ambient air quality standards for ozone. Subpart AA—Provisions for 40 CFR Part 51 Implementation of the 2008 Ozone * * * * * Air pollution control, National Ambient Air Quality Intergovernmental relations, Ozone, (c) Until the effective date of the final Standards Particulate matter, Transportation, Implementation of the 2008 National ■ 5. In § 51.1100, add paragraphs (o) Volatile organic compounds. Ambient Air Quality Standards for Ozone: State Implementation Plan through (cc) to read as follows: 40 CFR Part 52 Requirements Rule (final SIP § 51.1100 Definitions. Air pollution control, Incorporation Requirements Rule) to be codified at 40 * * * * * by reference, Intergovernmental CFR 51.1100 et seq., the 1997 ozone (o) Applicable requirements for an relations, Ozone, Particulate matter. NAAQS set forth in this section will area for anti-backsliding purposes 40 CFR Part 70 continue in effect, notwithstanding the means the following requirements, to promulgation of the 2008 ozone NAAQS the extent such requirements apply to Environmental protection, Air under § 50.15. The 1997 ozone NAAQS the area pursuant to its classification pollution control, Intergovernmental set forth in this section will no longer under CAA section 181(a)(1) for the 1- relations, Nitrogen oxides, Operating apply upon the effective date of the final hour NAAQS or 40 CFR 51.902 for the permits, Ozone, Particulate matter, SIP Requirements Rule. For purposes of 1997 ozone NAAQS at the time of Reporting and record keeping the anti-backsliding requirements of revocation of the 1997 ozone NAAQS: requirements, Volatile organic § 51.1105, § 51.165 and Appendix S to (1) Reasonably available control compounds. part 51, the area designations and technology (RACT) under CAA sections 40 CFR Part 71 classifications with respect to the 172(c)(1) and 182(b)(2). (2) Vehicle inspection and Environmental protection, revoked 1997 ozone NAAQS are codified in 40 CFR part 81. maintenance programs (I/M) under CAA Administrative practice and procedure, sections 182(b)(4) and 182(c)(3). Air pollution control, Intergovernmental (3) Major source applicability relations, Nitrogen oxides, Operating PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND thresholds for purposes of RACT under permits, Ozone, Particulate matter, CAA sections 172(c)(2), 182(b), 182(c), SUBMITTAL OF IMPLEMENTATION Reporting and record keeping 182(d), and 182(e). requirements, Volatile organic PLANS (4) Reductions to achieve Reasonable compounds. Further Progress (RFP) under CAA ■ Dated: February 13, 2015. 3. The authority citation for part 51 sections172(c)(2), 182(b)(1)(A), and continues to read as follows: Gina McCarthy, 182(c)(2)(B). Administrator. Authority: 23 U.S.C. 101; 42 U.S.C. 7401– (5) Clean fuels fleet program under 7671q. CAA section183(c)(4). For the reasons stated in the (6) Clean fuels for boilers under CAA preamble, Title 40, Chapter I of the Code section 182(e)(3).

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(7) Transportation Control Measures (q) CAIR means the Clean Air (z) I/M refers to the inspection and (TCMs) during heavy traffic hours as Interstate Rule codified at 40 CFR maintenance programs for in-use specified under CAA section 182(e)(4). 51.123, 52.35 and part 95. vehicles required under the 1990 CAA (8) Enhanced (ambient) monitoring (r) NOX SIP Call means the rules Amendments and defined by subpart S under CAA section 182(c)(1). codified at 40 CFR 51.121 and 51.122. of 40 CFR part 51. (9) Transportation controls under (s) Ozone transport region (OTR) (aa) An area ‘‘Designated CAA section 182(c)(5). means the area established by CAA nonattainment for the 1-hour ozone (10) Vehicle miles traveled provisions section 184(a) or any other area NAAQS’’ means, for purposes of 40 CFR of CAA section 182(d)(1). established by the Administrator 51.1105, an area that is subject to pursuant to CAA section 176A for applicable 1-hour ozone NAAQS anti- (11) NOX requirements under CAA section 182(f). purposes of ozone. backsliding requirements at the time of (t) Reasonable further progress (RFP) (12) Attainment demonstration revocation of the 1997 ozone NAAQS. means both the emissions reductions requirements under CAA sections (bb) Base year inventory for the required under CAA section 172(c)(2) 172(c)(4), 182(b)(1)(A), and 182(c)(2). nonattainment area means a which EPA interprets to be an average comprehensive, accurate, current (13) Nonattainment contingency 3 percent per year emissions reductions inventory of actual emissions from measures required under CAA sections of either VOC or NOX and CAA sections sources of VOC and NO emitted within 172(c)(9) and 182(c)(9) for failure to X 182(c)(2)(B) and (c)(2)(C) and the 15 the boundaries of the nonattainment attain the 1-hour or 1997 ozone NAAQS percent reductions over the first six area as required by CAA section by the applicable attainment date or to years of the plan and the following three 182(a)(1). make reasonable further progress toward percent per year average under attainment of the 1-hour or 1997 ozone (cc) Ozone season day emissions § 51.1110. NAAQS. means an average day’s emissions for a (u) Rate-of-progress (ROP) means the typical ozone season work weekday. (14) Nonattainment NSR major source 15 percent progress reductions in VOC The state shall select, subject to EPA thresholds and offset ratios under CAA emissions over the first 6 years required approval, the particular month(s) in the sections 172(a)(5) and 182(a)(2). under CAA section 182(b)(1). ozone season and the day(s) in the work (15) Penalty fee program requirements (v) Revocation of the 1-hour NAAQS week to be represented, considering the for Severe and Extreme Areas under means the time at which the 1-hour conditions assumed in the development CAA section 185. NAAQS no longer apply to an area of RFP plans and/or emissions budgets (16) Contingency measures associated pursuant to 40 CFR 50.9(b). for transportation conformity. with areas utilizing CAA section (w) Revocation of the 1997 ozone ■ 6. In § 51.1103, revise the section 182(e)(5). NAAQS means the time at which the heading and Table 1 in paragraph (a) to (17) Reasonably available control 1997 8-hour NAAQS no longer apply to read as follows: measures (RACM) requirements under an area pursuant to 40 CFR 50.10(c). CAA section 172(c)(1). (x) Subpart 1 means subpart 1 of part § 51.1103 Application of classification and (p) CSAPR means the Cross State Air D of title I of the CAA. attainment date provisions in CAA section Pollution Rule codified at 40 CFR 52.38 (y) Subpart 2 means subpart 2 of part 181 to areas subject to § 51.1102. and part 97. D of title I of the CAA. (a) * * *

TABLE 1—CLASSIFICATIONS AND ATTAINMENT DATES FOR 2008 8-HOUR OZONE NAAQS (0.075 PPM) FOR AREAS SUBJECT TO CFR SECTION 51.1102

Primary standard attainment date 8-hour design (years after the Area class value (ppm effective date of ozone) designation for 2008 primary NAAQS)

Marginal ...... from ...... 0.076 3 up to* ...... 0.086 Moderate ...... from ...... 0.086 6 up to* ...... 0.100 Serious ...... from ...... 0.100 9 up to* ...... 0.113 Severe-15 ...... from ...... 0.113 15 up to* ...... 0.119 Severe-17 ...... from ...... 0.119 17 up to* ...... 0.175 Extreme ...... equal to or above ...... 0.175 20 * But not including

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* * * * * for which it was designated CAA sections 110(l) and 193, the state ■ 7. Add §§ 51.1104 through 51.1119 to nonattainment at the time of revocation, may request that obligations under the read as follows: in accordance with its classification for applicable requirements of 40 CFR * * * * * that NAAQS at the time of that 51.1100(o) be shifted to the list of revocation, except as provided in maintenance plan contingency measures 51.1104 [Reserved] paragraph (b) of this section. for the area. For an area that is initially (2) 2008 ozone NAAQS designated attainment for the 2008 51.1105 Transition from the 1997 ozone nonattainment and 1997 ozone NAAQS NAAQS to the 2008 ozone NAAQS and anti- ozone NAAQS and which has been backsliding. maintenance. For an area designated redesignated to attainment for the 1997 nonattainment for the 2008 ozone ozone NAAQS with an approved CAA 51.1106 Redesignation to nonattainment NAAQS that was redesignated to section 175A maintenance plan and an following initial designations. attainment for the 1997 ozone NAAQS approved PSD SIP, the area’s approved prior to April 6, 2015 (hereinafter a 51.1107 Determining eligibility for 1-year maintenance plan and the state’s attainment date extensions for the 2008 ‘‘maintenance area’’) the SIP, including approved PSD SIP for the area are ozone NAAQS under CAA section 181(a)(5). the maintenance plan, is considered to considered to satisfy the state’s satisfy the applicable requirements of 40 obligations with respect to the area’s 51.1108 Modeling and attainment CFR 51.1100(o) for the revoked NAAQS. maintenance of the 2008 ozone NAAQS demonstration requirements. The measures in the SIP and pursuant to CAA section 110(a)(1). (b) Effect of Redesignation or 51.1109 [Reserved]. maintenance plan shall continue to be implemented in accordance with the Redesignation Substitute. (1) An area 51.1110 Requirements for reasonable terms in the SIP. Any measures remains subject to the anti-backsliding further progress (RFP). associated with applicable requirements obligations for a revoked NAAQS under that were shifted to contingency paragraphs (a)(1) and (2) of this section 51.1111 [Reserved]. measures prior to April 6, 2015 may until either EPA approves a 51.1112 Requirements for reasonably remain in that form. After April 6, 2015, redesignation to attainment for the area available control technology (RACT) and and to the extent consistent with any for the 2008 ozone NAAQS; or EPA reasonably available control measures SIP for the 2008 ozone NAAQS and approves a demonstration for the area in (RACM). with CAA sections 110(l) and 193, the a redesignation substitute procedure for state may request that obligations under a revoked NAAQS. Under this 51.1113 Section 182(f) NOX exemption provisions. the applicable requirements of redesignation substitute procedure for a § 51.1100(o) be shifted to the SIP’s list revoked NAAQS, and for this limited 51.1114 New source review requirements. of maintenance plan contingency anti-backsliding purpose, the measures for the area. demonstration must show that the area 51.1115 Emissions inventory (3) 2008 ozone NAAQS attainment has attained that revoked NAAQS due requirements. and 1997 ozone NAAQS nonattainment. to permanent and enforceable emission 51.1116 Requirements for an Ozone For an area designated attainment for reductions and that the area will Transport Region. the 2008 ozone NAAQS, and designated maintain that revoked NAAQS for 10 nonattainment for the 1997 ozone years from the date of EPA’s approval of 51.1117 Fee programs for Severe and NAAQS as of April 6, 2015 or for both this showing. Extreme nonattainment areas that fail to the 1997 and the 1-hour ozone NAAQS (2) If EPA, after notice-and-comment attain. as of the respective dates of their rulemaking, approves a redesignation to 51.1118 Suspension of SIP planning revocations, the area is no longer subject attainment, the state may request that requirements in nonattainment areas that to nonattainment NSR and the state may provisions for nonattainment NSR be have air quality data that meet an ozone at any time request that the removed from the SIP, and that other NAAQS. nonattainment NSR provisions anti-backsliding obligations be shifted to applicable to the area be removed from contingency measures provided that 51.1119 Applicability. the SIP. The state may request, such action is consistent with CAA * * * * * consistent with CAA sections 110(l) and sections 110(l) and 193. If EPA, after § 51.1104 [Reserved] 193, that SIP measures adopted to notice and comment rulemaking, satisfy other applicable requirements of approves a redesignation substitute for a § 51.1105 Transition from the 1997 ozone § 51.1100(o) be shifted to the SIP’s list revoked NAAQS, the state may request NAAQS to the 2008 ozone NAAQS and anti- of maintenance plan contingency that provisions for nonattainment NSR backsliding. measures for the area. The area’s for that revoked NAAQS be removed, (a) Requirements that continue to approved PSD SIP shall be considered and that other anti-backsliding apply after revocation of the 1997 ozone to satisfy the state’s obligations with obligations for that revoked NAAQS be NAAQS—(1) 2008 ozone NAAQS respect to the area’s maintenance of the shifted to contingency measures nonattainment and 1997 ozone NAAQS 2008 ozone NAAQS pursuant to CAA provided that such action is consistent nonattainment. The following section 110(a)(1). with CAA sections 110(l) and 193. requirements apply to an area (4) 2008 ozone NAAQS attainment (c) Portions of an area designated designated nonattainment for the 2008 and 1997 ozone NAAQS maintenance. nonattainment or attainment for the ozone NAAQS and also designated An area designated attainment for the 2008 ozone NAAQS that remain subject nonattainment for the 1997 ozone 2008 ozone NAAQS with an approved to the obligations identified in NAAQS, or nonattainment for both the CAA section 175A maintenance plan for paragraph (a) of this section. Only that 1997 and 1-hour ozone NAAQS, at the the 1997 ozone NAAQS is considered to portion of the designated nonattainment time of revocation of the respective satisfy the applicable requirements of 40 or attainment area for the 2008 ozone ozone NAAQS: The area remains subject CFR 51.1100(o) through implementation NAAQS that was required to adopt the to the obligation to adopt and of the SIP and maintenance plan applicable requirements in § 51.1100(o) implement the applicable requirements provisions for the area. After April 6, for purposes of the 1-hour or 1997 ozone of § 51.1100(o), for any ozone NAAQS 2015, and to the extent consistent with NAAQS is subject to the obligations

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identified in paragraph (a) of this 110(a)(2)(D)(i) and (ii), including 40 CFR hour average in the attainment year is section. Subpart C of 40 CFR part 81 51.121, 51.122, 51.123 and 51.124, may 0.075 ppm or less. identifies the areas designated be modified by the state only if the (2) For the second 1-year extension, nonattainment and associated area requirements of §§ 51.121, 51.122, the area’s 4th highest daily maximum 8 boundaries for the 1997 ozone NAAQS 51.123 and 51.124, including statewide hour value, averaged over both the at the time of revocation. Areas that are NOX emission budgets continue to be in original attainment year and the first designated nonattainment for the 1997 effect. Any such modification must meet extension year, is 0.075 ppm or less. ozone NAAQS at the time of designation the requirements of CAA section 110(l). (b) For purposes of paragraph (a) of for the 2008 ozone NAAQS may be (f) New source review. An area this section, the area’s 4th highest daily redesignated to attainment prior to the designated nonattainment for the 2008 maximum 8 hour average for a year effective date of revocation of that ozone ozone NAAQS and designated shall be from the monitor with the NAAQS. nonattainment for the 1997 ozone highest 4th highest daily maximum 8 (d) Obligations under the 1997 ozone NAAQS on April 6, 2015 remains hour average for that year of all the NAAQS that no longer apply after subject to the obligation to adopt and monitors that represent that area. revocation of the 1997 ozone NAAQS— implement the major source threshold § 51.1108 Modeling and attainment (1) Second 10-year Maintenance plans. and offset requirements for demonstration requirements. As of April 6, 2015, an area with an nonattainment NSR that apply or (a) An area classified as Moderate approved 1997 ozone NAAQS applied to the area pursuant to CAA maintenance plan under CAA section under § 51.1103(a) shall be subject to sections 172(c)(5), 173 and 182 based on the attainment demonstration 175A is not required to submit a second the highest of: (i) The area’s 10-year maintenance plan for the 1997 requirement applicable for that classification under CAA section classification under CAA section 182(b), ozone NAAQS 8 years after approval of 181(a)(1) for the 1-hour NAAQS as of the initial 1997 ozone NAAQS and such demonstration is due no later the effective date of revocation of the 1- than 36 months after the effective date maintenance plan. hour ozone NAAQS; (ii) the area’s (2) Determinations of failure to attain of the area’s designation for the 2008 classification under 40 CFR 51.903 for ozone NAAQS. the 1997 and/or 1-hour NAAQS. (i) As the 1997 ozone NAAQS as of the date of April 6, 2015, the EPA is no longer (b) An area classified as Serious or a permit is issued or as of April 6, 2015, higher under § 51.1103(a) shall be obligated to determine pursuant to CAA whichever is earlier; and (iii) the area’s section 181(b)(2) or section 179(c) subject to the attainment demonstration classification under § 51.1103 for the requirement applicable for that whether an area attained the 1997 ozone 2008 ozone NAAQS. Upon removal of NAAQS by that area’s attainment date classification under CAA section 182(c), nonattainment NSR obligations for a and such demonstration is due no later for the 1997 ozone NAAQS. revoked NAAQS under § 51.1105(b), the (ii) As of April 6, 2015, the EPA is no than 48 months after the effective date state remains subject to the obligation to longer obligated to reclassify an area to of the area’s designation for the 2008 adopt and implement the major source a higher classification for the 1997 ozone NAAQS. threshold and offset requirements for ozone NAAQS based upon a (c) Attainment demonstration criteria. nonattainment NSR that apply or determination that the area failed to An attainment demonstration due applied to the area for the remaining attain the 1997 ozone NAAQS by the pursuant to paragraph (a) or (b) of this area’s attainment date for the 1997 applicable NAAQS consistent with this section must meet the requirements of ozone NAAQS. paragraph. § 51.112; the adequacy of an attainment (iii) For the revoked 1-hour and 1997 § 51.1106 Redesignation to nonattainment demonstration shall be demonstrated by ozone NAAQS, the EPA is required to following initial designations. means of a photochemical grid model or any other analytical method determined determine whether an area attained the For any area that is initially by the Administrator, in the 1-hour or 1997 ozone NAAQS by the designated attainment for the 2008 Administrator’s discretion, to be at least area’s attainment date solely for anti- ozone NAAQS and that is subsequently as effective. backsliding purposes to address an redesignated to nonattainment for the (d) Implementation of control applicable requirement for 2008 ozone NAAQS, any absolute, fixed measures. For each nonattainment area, nonattainment contingency measures date applicable in connection with the the state must provide for and CAA section 185 fee programs. In requirements of this part other than an implementation of all control measures making such a determination, the EPA attainment date is extended by a period needed for attainment no later than the may consider and apply the provisions of time equal to the length of time beginning of the attainment year ozone of CAA section 181(a)(5) and former 40 between the effective date of the initial season. CFR 51.907 in interpreting whether a 1- designation for the 2008 ozone NAAQS year extension of the attainment date is and the effective date of redesignation, § 51.1109 [Reserved] applicable under CAA section except as otherwise provided in this 172(a)(2)(C). subpart. The maximum attainment date § 51.1110 Requirements for reasonable further progress (RFP). (e) Continued applicability of the FIP for a redesignated area would be based and SIP requirements pertaining to on the area’s classification, consistent (a) RFP for nonattainment areas interstate transport under CAA section with Table 1 in § 51.1103. classified pursuant to § 51.1103. The 110(a)(2)(D)(i) and (ii) after revocation RFP requirements specified in CAA of the 1997 ozone NAAQS. All control § 51.1107 Determining eligibility for 1-year section 182 for that area’s classification requirements associated with a FIP or attainment date extensions for the 2008 shall apply. approved SIP in effect for an area as of ozone NAAQS under CAA section 181(a)(5). (1) Submission deadline. For each April 6, 2015, such as the NOX SIP Call, (a) A nonattainment area will meet area classified as Moderate or higher the CAIR, or the CSAPR shall continue the requirement of CAA section pursuant to § 51.1103, the state shall to apply after revocation of the 1997 181(a)(5)(B) pertaining to 1-year submit a SIP revision no later than 36 ozone NAAQS. Control requirements extensions of the attainment date if: months after the effective date of approved into the SIP pursuant to (1) For the first 1-year extension, the designation as nonattainment for the obligations arising from CAA section area’s 4th highest daily maximum 8 2008 ozone NAAQS that provides for

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RFP as described in paragraphs (a)(2) requirements of (a)(4) of this section for to the passage of time the effect of these through (4) of this section. the entire nonattainment area. exclusions would be de minimis: (2) RFP requirements for areas with (ii) The state shall treat the area as (i) Measures related to motor vehicle an approved 1-hour or 1997 ozone two parts, each with a separate RFP exhaust or evaporative emissions NAAQS 15 percent VOC ROP plan. An target as follows: promulgated by January 1, 1990; area classified as Moderate or higher (A) For the portion of the area without (ii) Regulations concerning Reid vapor that has the same boundaries as an area, an approved 15 percent VOC ROP plan pressure promulgated by November 15, or is entirely composed of several areas for the 1-hour or 1997 ozone NAAQS, 1990; or portions of areas, for which EPA fully the state shall submit a SIP revision as (iii) Measures to correct previous approved a 15 percent plan for the 1- required under paragraph (a)(4) of this RACT requirements; and hour or 1997 ozone NAAQS is section. (iv) Measures required to correct considered to have met the (B) For the portion of the area with an previous I/M programs. requirements of CAA section 182(b)(1) approved 15 percent VOC ROP plan for (b) Baseline emissions inventory for for the 2008 ozone NAAQS and instead: the 1-hour or 1997 ozone NAAQS, the RFP plans. For the RFP plans required (i) If classified as Moderate or higher, state shall submit a SIP as required under this section, at the time of the area is subject to the RFP under paragraph (a)(2) of this section. designation for the 2008 ozone NAAQS requirements under CAA section (4) ROP Requirements for areas the baseline emissions inventory shall 172(c)(2) and shall submit a SIP revision without an approved 1-hour or 1997 be the emissions inventory for the most that: ozone NAAQS 15 percent VOC ROP recent calendar year for which a (A) Provides for a 15 percent emission plan. (i) For each area, the state shall complete triennial inventory is required reduction from the baseline year within submit a SIP revision consistent with to be submitted to EPA under the 6 years after the baseline year; CAA section 182(b)(1). The 6-year provisions of subpart A of this part. (B) Provides for an additional period referenced in CAA section States may use an alternative baseline emissions reduction of 3 percent per 182(b)(1) shall begin January 1 of the emissions inventory provided the state year from the end of the first 6 years up year following the year used for the demonstrates why it is appropriate to to the beginning of the attainment year baseline emissions inventory. use the alternative baseline year, and if a baseline year earlier than 2011 is (ii) For Moderate areas, the plan must provided that the year selected is used; and provide for an additional 3 percent per between the years 2008 to 2012. All (C) Relies on either NOX or VOC year reduction from the end of the first states associated with a multi-state emissions reductions (or a combination) 6 years up to the beginning of the nonattainment area must consult and to meet the requirements of paragraphs attainment year if a baseline year from agree on a single alternative baseline (a)(2)(i)(A) and (B) of this section. Use 2008 to 2010 is used. year. The emissions values included in of NOX emissions reductions must meet (iii) For each area classified as Serious the inventory required by this section the criteria in CAA section 182(c)(2)(C). or higher, the state shall submit a SIP shall be actual ozone season day (ii) If classified as Serious or higher, revision consistent with CAA section emissions as defined by § 51.1100(cc). the area is also subject to RFP under 182(c)(2)(B). The final increment of CAA section 182(c)(2)(B) and shall progress must be achieved no later than § 51.1111 [Reserved] submit a SIP revision no later than 48 the attainment date for the area. § 51.1112 Requirements for reasonably months after the effective date of (5) Creditability of emission control available control technology (RACT) and designation providing for an average measures for RFP plans. Except as reasonably available control measures emissions reduction of 3 percent per specifically provided in CAA section (RACM). year: 182(b)(1)(C) and (D), CAA section (a) RACT requirement for areas (A) For all remaining 3-year periods 182(c)(2)(B), and 40 CFR 51.1110(a)(6), classified pursuant to § 51.1103. (1) For after the first 6-year period until the all emission reductions from SIP- each nonattainment area classified year of the area’s attainment date; and approved or federally promulgated Moderate or higher, the state shall (B) That relies on either NOX or VOC measures that occur after the baseline submit a SIP revision that meets the emissions reductions (or a combination) emissions inventory year are creditable VOC and NOX RACT requirements in to meet the requirements of paragraphs for purposes of the RFP requirements in CAA sections 182(b)(2) and 182(f). (a)(2)(ii)(A) and (B) of this section. Use this section, provided the reductions (2) The state shall submit the RACT of NOX emissions reductions must meet meet the requirements for creditability, SIP for each area no later than 24 the criteria in CAA section 182(c)(2)(C). including the need to be enforceable, months after the effective date of (3) RFP requirements for areas for permanent, quantifiable, and surplus. designation for the 2008 ozone NAAQS. which an approved 15 percent VOC (6) Creditability of out-of-area (3) The state shall provide for ROP plan for the 1-hour or 1997 ozone emissions reductions. For each area implementation of RACT as NAAQS exists for only a portion of the classified as Moderate or higher expeditiously as practicable but no later area. An area that contains one or more pursuant to § 51.1103, in addition to the than January 1 of the 5th year after the portions for which EPA fully approved restrictions on the creditability of effective date of designation for the 2008 a 15 percent VOC ROP plan for the 1- emission control measures listed in ozone NAAQS. hour or 1997 ozone NAAQS (as well as § 51.1110(a)(5), creditable emission (b) Determination of major stationary areas for which EPA has not fully reductions for fixed percentage sources for applicability of RACT approved a 15 percent plan for either reduction RFP must be obtained from provisions. The amount of VOC and the 1-hour or 1997 ozone NAAQS) shall sources within the nonattainment area. NOX emissions are to be considered meet the requirements of either (7) Calculation of non-creditable separately for purposes of determining paragraph (a)(3)(i) or (ii) of this section. emissions reductions. The following whether a source is a major stationary (i) The state shall not distinguish four categories of control measures source as defined in CAA section 302. between the portion of the area with a listed in CAA section 182(b)(1)(D) are (c) Reasonably Available Control previously approved 15 percent ROP no longer required to be calculated for Measures (RACM) requirement. For each plan and the portion of the area without exclusion in RFP analyses because the nonattainment area required to submit such a plan, and shall meet the Administrator has determined that due an attainment demonstration under

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§ 51.1108(a) and (b), the state shall (c) The emissions values included in which the determination has been submit with the attainment the inventories required by paragraphs made, shall be suspended until such demonstration a SIP revision (a) and (b) of this section shall be actual time as: The area is redesignated to demonstrating that it has adopted all ozone season day emissions as defined attainment for that NAAQS or a RACM necessary to demonstrate by § 51.1100(cc). redesignation substitute is approved as attainment as expeditiously as (d) The state shall report emissions appropriate, at which time the practicable and to meet any RFP from point sources according to the requirements no longer apply; or EPA requirements. point source emissions thresholds of the determines that the area has violated Air Emissions Reporting Requirements that NAAQS, at which time the area is § 51.1113 Section 182(f) NOX exemption (AERR), 40 CFR part 51, subpart A. again required to submit such plans. provisions. (e) The data elements in the emissions (a) A person or a state may petition inventory shall be consistent with the § 51.1119 Applicability. the Administrator for an exemption detail required by 40 CFR part 51, As of revocation of the 1997 ozone from NOX obligations under CAA subpart A. Since only emissions within NAAQS on April 6, 2015, as set forth in section 182(f) for any area designated the boundaries of the nonattainment § 50.10(c), the provisions of subpart AA nonattainment for the 2008 ozone area shall be included as defined by shall replace the provisions of subpart NAAQS and for any area in a CAA § 51.1100(cc), this requirement shall X, §§ 51.900 to 51.918, which cease to section 184 ozone transport region. apply to the emissions inventories apply except for § 51.907 for the anti- (b) The petition must contain required in this section instead of any backsliding purposes of § 51.1105(c)(2). adequate documentation that the criteria total county requirements contained in See subpart X § 51.919. in CAA section 182(f) are met. 40 CFR part 51, subpart A. ■ 8. In Appendix S to part 51, revise (c) A CAA section 182(f) NOX section IV.G.5 and add section VII to exemption granted for the 1-hour or § 51.1116 Requirements for an Ozone Transport Region. read as follows: 1997 ozone NAAQS does not relieve the (a) In general. CAA sections 176A and area from any NOX obligations under Appendix S to Part 51—Emission Offset CAA section 182(f) for the 2008 ozone 184 apply for purposes of the 2008 Interpretative Ruling NAAQS. ozone NAAQS. (b) RACT requirements for certain * * * * * IV. * * * § 51.1114 New source review portions of an Ozone Transport Region. G. * * * requirements. (1) The state shall submit a SIP revision 5. Interpollutant offsetting. In meeting the The requirements for nonattainment that meets the RACT requirements of emissions offset requirements of paragraph NSR for the ozone NAAQS are located CAA section 184(b)(2) for all portions of IV.A, Condition 3 of this Ruling, the in § 51.165. For each nonattainment the state located in an ozone transport emissions offsets obtained shall be for the area, the state shall submit a region. same regulated NSR pollutant unless nonattainment NSR plan or plan (2) The state shall submit the RACT interpollutant offsetting is permitted for a revision no later than 24 months after particular pollutant as specified in this revision for the 2008 ozone NAAQS no paragraph IV.G.5. later than 36 months after the effective designation for the 2008 ozone NAAQS (i) The offset requirements of paragraph date of the area’s designation for the and shall provide for implementation of IV.A, Condition 3 of this Ruling for emissions 2008 ozone NAAQS. RACT as expeditiously as practicable of the ozone precursors NOX and VOC may but no later than January 1 of the 5th be satisfied by offsetting reductions of § 51.1115 Emissions inventory year after designation for the 2008 ozone emissions of either of those precursors, if all requirements. NAAQS. other requirements for such offsets are also (a) For each nonattainment area, the satisfied. state shall submit a base year inventory § 51.1117 Fee programs for Severe and (ii) The offset requirements of paragraph as defined by § 51.1100(bb) to meet the Extreme nonattainment areas that fail to IV.A, Condition 3 of this Ruling for direct attain. emissions inventory requirement of PM2.5 emissions or emissions of precursors of For each area classified as Severe or PM2.5 may be satisfied by offsetting CAA section 182(a)(1). This inventory reductions of direct PM emissions or shall be submitted no later than 24 Extreme for the 2008 ozone NAAQS, the 2.5 emissions of any PM2.5 precursor identified months after the effective date of state shall submit a SIP revision within 10 years of the effective date of under paragraph II.A.31 (iii) of this Ruling if designation. The inventory year shall be such offsets comply with an interprecursor selected consistent with the baseline designation that meets the requirements trading hierarchy and ratio approved by the year for the RFP plan as required by of CAA section 185. Administrator. § 51.1110(b). § 51.1118 Suspension of SIP planning * * * * * (b) For each nonattainment area, the requirements in nonattainment areas that VII. Anti-Backsliding Measures for Revoked state shall submit a periodic emission have air quality data that meet an ozone Ozone NAAQS NAAQS. inventory of emissions sources in the Nonattainment area new source review area to meet the requirement in CAA Upon a determination by EPA that an obligations for prior ozone NAAQS. section 182(a)(3)(A). With the exception area designated nonattainment for the A. Except as provided in paragraph VII.B of the inventory year and timing of 2008 ozone NAAQS, or for any prior of this Ruling, an area designated submittal, this inventory shall be ozone NAAQS, has attained the relevant nonattainment for the 2008 ozone NAAQS consistent with the requirements of standard, the requirements for such area and designated nonattainment for the 1997 paragraph (a) of this section. Each to submit attainment demonstrations ozone NAAQS on April 6, 2015 remains periodic inventory shall be submitted and associated reasonably available subject to the obligation to adopt and no later than the end of each 3-year control measures, reasonable further implement the major source threshold and offset ratio requirements for nonattainment period after the required submission of progress plans, contingency measures NSR that apply or applied to the area the base year inventory for the for failure to attain or make reasonable pursuant to sections 172(c)(5), 173 and 182 nonattainment area. This requirement progress and other planning SIPs related of the Act based on the highest of: (i) The shall apply until the area is redesignated to attainment of the 2008 ozone area’s classification under section 181(a)(1) of to attainment. NAAQS, or for any prior NAAQS for the Act for the 1-hour ozone NAAQS as of

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the effective date of revocation of that paragraph (a)(1)(xxxvii)(C) of this PART 52—APPROVAL AND NAAQS; (ii) the area’s classification under section if such offsets comply with the PROMULGATION OF § 51.903 for the 1997 ozone NAAQS as of the interprecursor trading hierarchy and IMPLEMENTATION PLANS date a permit is issued or as of April 6, 2015, ratio established in the approved plan whichever is earlier; and (iii) the area’s ■ 12. The authority citation for part 52 classification under § 51.1103 for the 2008 for a particular nonattainment area. continues to read as follows: ozone NAAQS. (12) The plan shall require that in any B.1. An area remains subject to the area designated nonattainment for the Authority: 42 U.S.C. 7401 et seq. obligations for a revoked NAAQS under ■ paragraph (a) until either (i) the area is 2008 ozone NAAQS and designated 13. In § 52.21, revise paragraph (i)(2) redesignated to attainment for the 2008 ozone nonattainment for the 1997 ozone to read as follows: NAAQS; or (ii) the EPA approves a NAAQS on April 6, 2015 the * * * * * demonstration for the area in a redesignation requirements of this section applicable (i). * * * substitute procedure for a revoked NAAQS to major stationary sources and major (2) The requirements of paragraphs (j) per the provisions of § 51.1105(b). Under this modifications of ozone shall include the through (r) of this section shall not redesignation substitute procedure for a revoked NAAQS, and for this limited anti- anti-backsliding requirements contained apply to a major stationary source or backsliding purpose, the demonstration must at § 51.1105. major modification with respect to a show that the area has attained that revoked * * * * * particular pollutant if the owner or NAAQS due to permanent and enforceable operator demonstrates that, as to that emission reductions and that the area will ■ 10. In § 51.166, revise paragraph (i)(2) pollutant, the source or modification is maintain that revoked NAAQS for 10 years to read as follows: located in an area designated as from the date of EPA’s approval of this nonattainment under section 107 of the showing. § 51.166 Prevention of significant Act. Nonattainment designations for deterioration of air quality. 2. Effect of redesignation to attainment for revoked NAAQS, as contained in 40 2008 ozone NAAQS or approval of a * * * * * redesignation substitute for a revoked ozone CFR part 81, shall not be viewed as NAAQS. After redesignation to attainment (i) * * * current designations under section 107 of the Act for purposes of determining for the 2008 ozone NAAQS, the state may (2) The plan may provide that the applicability of paragraphs (j) request that provisions for nonattainment requirements equivalent to those NSR be removed from the SIP. After EPA through (r) of this section to a major contained in paragraphs (j) through (r) approval of a redesignation substitute for a stationary source or major modification revoked NAAQS under the provisions of of this section do not apply to a major after the revocation of that NAAQS is § 51.1105(b), the state may request that stationary source or major modification effective. provisions for nonattainment NSR for that with respect to a particular pollutant if * * * * * revoked NAAQS be removed from the SIP. the owner or operator demonstrates that, Upon removal of nonattainment NSR as to that pollutant, the source or provisions for a revoked NAAQS, the state PART 70—STATE OPERATING PERMIT remains subject to the obligation to adopt and modification is located in an area PROGRAMS implement the major source threshold and designated as nonattainment under offset ratio requirements for nonattainment section 107 of the Act. Nonattainment ■ 14. The authority citation for part 70 NSR that apply or applied to the area for the designations for revoked NAAQS, as continues to read as follows: remaining applicable NAAQS consistent contained in part 81 of this chapter, Authority: 42 U.S.C. 7401, et seq. with paragraph VII.A of this Ruling. shall not be viewed as current ■ 15. In § 70.2, under the definition of ■ 9. In § 51.165, revise paragraph (a)(11) designations under section 107 of the ‘‘Major source,’’ revise paragraphs (3)(i), and add paragraph (a)(12) to read as Act for purposes of determining the (3)(iii)(A), and (3)(iv) to read as follows: follows: applicability of requirements equivalent § 70.2 Definitions. § 51.165 Permit requirements. to those contained in paragraphs (j) through (r) of this section to a major (a) * * * * * * * * (11) The plan shall require that in stationary source or major modification Major source *** meeting the emissions offset after the revocation of that NAAQS is (3) * * * requirements of paragraph (a)(3) of this effective. (i) For ozone nonattainment areas, section, the emissions offsets obtained * * * * * sources with the potential to emit 100 shall be for the same regulated NSR tpy or more of volatile organic ■ 11. In § 51.372, revise paragraph (b)(2) pollutant unless interprecursor compounds or oxides of nitrogen in to read as follows: offsetting is permitted for a particular areas classified or treated as classified as pollutant as specified in this paragraph. ‘‘Marginal’’ or ‘‘Moderate,’’ 50 tpy or § 51.372 State Implementation Plan more in areas classified or treated as (i) The plan may allow the offset submissions. requirement in paragraph (a)(3) of this classified as ‘‘Serious,’’ 25 tpy or more * * * * * section for emissions of the ozone in areas classified or treated as classified precursors NOX and VOC to be satisfied (b) * * * as ‘‘Severe,’’ and 10 tpy or more in areas by offsetting reductions in emissions of (2) A SIP revision required as a result classified or treated as classified as ‘‘Extreme’’; except that the references in either of those precursors, if all other of a change in an area’s designation or this paragraph to 100, 50, 25 and 10 tpy requirements for such offsets are also classification under a NAAQS for ozone, of nitrogen oxides shall not apply with satisfied. including all necessary legal authority (ii) The plan may allow the offset respect to any source for which the and the items specified in paragraphs Administrator has made a finding, requirements in paragraph (a)(3) of this (a)(1) through (8) of this section, shall be section for direct PM emissions or under section 182(f)(1) or (2) of the Act, 2.5 submitted no later than the deadline for emissions of precursors of PM to be that requirements under section 182(f) 2.5 submitting the area’s attainment SIP for satisfied by offsetting reductions in of the Act do not apply; the NAAQS in question. direct PM2.5 emissions or emissions of * * * * * any PM2.5 precursor identified under * * * * * (iii) * * *

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(A) That are classified or treated as § 71.2 Definitions. Administrator has made a finding, classified as ‘‘Serious,’’ and * * * * * under section 182(f)(1) or (2) of the Act, * * * * * Major source *** that requirements under section 182(f) (iv) For particulate matter (PM–10) (3) * * * of the Act do not apply; nonattainment areas classified or treated (i) For ozone nonattainment areas, * * * * * as classified as ‘‘Serious,’’ sources with sources with the potential to emit 100 (iii) * * * the potential to emit 70 tpy or more of tpy or more of volatile organic PM–10. compounds or oxides of nitrogen in (A) That are classified or treated as * * * * * areas classified or treated as classified as classified as ‘‘Serious,’’ and ‘‘Marginal’’ or ‘‘Moderate,’’ 50 tpy or * * * * * PART 71—FEDERAL OPERATING more in areas classified or treated as PERMIT PROGRAMS (iv) For particulate matter (PM–10) classified as ‘‘Serious,’’ 25 tpy or more nonattainment areas classified or treated ■ 16. The authority citation for part 71 in areas classified or treated as classified as classified as ‘‘Serious,’’ sources with continues to read as follows: as ‘‘Severe,’’ and 10 tpy or more in areas the potential to emit 70 tpy or more of classified or treated as classified as PM–10. Authority: 42 U.S.C. 7401, et seq. ‘‘Extreme’’; except that the references in ■ 17. In § 71.2, under the definition of this paragraph to 100, 50, 25 and 10 tpy * * * * * ‘‘Major source,’’ revise paragraphs (3)(i), of nitrogen oxides shall not apply with [FR Doc. 2015–04012 Filed 3–5–15; 8:45 am] (3)(iii)(A), and (3)(iv) to read as follows: respect to any source for which the BILLING CODE 6560–50–P

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Reader Aids Federal Register Vol. 80, No. 44 Friday, March 6, 2015

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH

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. 135...... 11108, 11537 Presidential Documents 2 CFR Proposed Rules: Executive orders and proclamations 741–6000 Proposed Rules: 25...... 11958 The United States Government Manual 741–6000 1201...... 12092 39 ...... 11140, 11960, 11964, 12094 Other Services 3 CFR Electronic and on-line services (voice) 741–6020 Proclamations: 15 CFR Privacy Act Compilation 741–6064 9235...... 11845 748...... 11866 Public Laws Update Service (numbers, dates, etc.) 741–6043 9236...... 11847 922...... 11111, 12079 TTY for the deaf-and-hard-of-hearing 741–6086 9237...... 11849 Proposed Rules: 9238...... 11851 702...... 11350 ELECTRONIC RESEARCH 9239...... 11853 774...... 11315 9240...... 11855 World Wide Web Administrative Orders: 16 CFR Memorandums: 1112...... 11113 Full text of the daily Federal Register, CFR and other publications Memorandum of 1230...... 11113 is located at: www.fdsys.gov. February 25, 2015 ...... 11317 Federal Register information and research tools, including Public Memorandum of 19 CFR February 19, 2015 ...... 12071 Inspection List, indexes, and Code of Federal Regulations are 12...... 12081 located at: www.ofr.gov. Notices: Notice of March 3, 20 CFR E-mail 2015 ...... 12067 Proposed Rules: FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Notice of March 3, 2015 ...... 12069 Ch. IV...... 11334 an open e-mail service that provides subscribers with a digital Ch. V...... 11334 form of the Federal Register Table of Contents. The digital form 5 CFR Ch. VI...... 11334 of the Federal Register Table of Contents includes HTML and Ch. VII...... 11334 PDF links to the full text of each document. Proposed Rules: Ch. XLII...... 11334 Ch. IX...... 11334 To join or leave, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list 7 CFR 21 CFR (or change settings); then follow the instructions. 210...... 11077 520...... 12081 PENS (Public Law Electronic Notification Service) is an e-mail 235...... 11077 895...... 11865 service that notifies subscribers of recently enacted laws. Proposed Rules: Proposed Rules: 15...... 11966 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 319...... 11946 340...... 11598 and select Join or leave the list (or change settings); then follow 22 CFR the instructions. 905...... 11335 925...... 11346 172...... 12081 FEDREGTOC-L and PENS are mailing lists only. We cannot 944...... 11346 Proposed Rules: respond to specific inquiries. 3555...... 11950 121...... 11314 Reference questions. Send questions and comments about the Federal Register system to: [email protected] 10 CFR 26 CFR The Federal Register staff cannot interpret specific documents or 72...... 12073 Proposed Rules: regulations. 431...... 11857, 12078 1 ...... 11141, 11600, 12097 31...... 11600 CFR Checklist. Effective January 1, 2009, the CFR Checklist no Proposed Rules: 429...... 11599 longer appears in the Federal Register. This information can be 27 CFR found online at http://bookstore.gpo.gov/. 11 CFR Proposed Rules: 104...... 12079 9...... 11355 FEDERAL REGISTER PAGES AND DATE, MARCH 114...... 12079 28 CFR 11077–11316...... 2 12 CFR Proposed Rules: 11317–11534...... 3 Proposed Rules: 15...... 12104 11535–11856...... 4 217...... 11349 11857–12070...... 5 791...... 11954 29 CFR 12071–12320...... 6 1980...... 11865 14 CFR Proposed Rules: 25...... 11319, 11859 Subtitle A ...... 11334 39 ...... 11096, 11101, 11535 Ch. II ...... 11334 73...... 11106, 11107 Ch. IV...... 11334 91...... 11108, 11536 Ch. V...... 11334 121...... 11108, 11537 Ch. XVII ...... 11334 125...... 11108 Ch. XXV...... 11334

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30 CFR 11321, 11323, 11557, 11573, 46 CFR 1052...... 11595 11577, 11580, 11887, 11890, Proposed Rules: Proposed Rules: 1803...... 11138 Ch. I ...... 11334 12264 67...... 11361 1816...... 11138 62...... 11577 1852...... 11138 32 CFR 70...... 11577, 12264 47 CFR Proposed Rules: 71...... 12264 61...... 11778 1...... 11326 Ch. 3 ...... 11266 81...... 11580 76...... 12088 33 CFR 180...... 11583, 11588 Ch. 29 ...... 11334 20...... 11806 501...... 11619 100...... 11547 721...... 12083 63...... 11326 516...... 11619 117 ...... 11122, 11548, 12082, Proposed Rules: 64...... 11593 538...... 11619 12083 52 ...... 11148, 11610, 11974, 76...... 11328 552...... 11619 165 ...... 11123, 11126, 11128, 12109 Proposed Rules: 11885 62...... 11610 1...... 12120 Proposed Rules: 70...... 11610 2...... 12120 49 CFR 174...... 11611 15...... 12120 165...... 11145, 11607 Proposed Rules: 180...... 11611 74...... 11614 Ch. III ...... 12136 34 CFR 721...... 11361 90...... 12120 571...... 11148 Ch. II ...... 11550 41 CFR 95...... 12120 36 CFR 48 CFR Proposed Rules: 50 CFR Proposed Rules: Ch. 50 ...... 11334 1001...... 11595 622...... 11330 7...... 11968 Ch. 60 ...... 11334 1002...... 11595 Ch. 61 ...... 11334 1016...... 11595 648 ...... 11139, 11331, 11918 40 CFR 1019...... 11595 679 ...... 11332, 11897, 11918, 44 CFR 9...... 12083 1028...... 11595 11919 50...... 12264 64...... 11893, 11895 1032...... 11595 Proposed Rules: 51...... 12264 Proposed Rules: 1034...... 11595 223...... 11363, 11379 52 ...... 11131, 11133, 11136, 67...... 11975 1042...... 11595 224...... 11379

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in today’s List of Public enacted public laws. To Laws. subscribe, go to http:// LIST OF PUBLIC LAWS Public Laws Electronic listserv.gsa.gov/archives/ Last List March 3, 2015 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.

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