Vol. 79 Monday, No. 3 January 6, 2014

Pages 529–748

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 79, No. 3

Monday, January 6, 2014

Agriculture Department Environmental Protection Agency See Food Safety and Inspection Service RULES Air Quality State Implementation Plans; Approvals and Air Force Department Promulgations: NOTICES Florida; Non-interference Demonstration for Removal of Meetings: Federal Low-Reid Vapor Pressure Requirement, 573– U.S. Air Force Academy Board of Visitors, 647 577 Missouri; Reasonably Available Control Technology for 8- Army Department Hour Ozone National Ambient Air Quality Standard, See Engineers Corps 580–582 Texas; Control of Air Pollution by Permits for New Blind or Severely Disabled, Committee for Purchase From Construction or Modification, etc.; Withdrawal, 551 People Who Are Texas; Control of Air Pollution; Permitting of See Committee for Purchase From People Who Are Blind or Grandfathered Facilities, 577–580 Severely Disabled Texas; Public Participation for Air Quality Permit Commerce Department Applications, 551–573 See International Trade Administration Tolerance Requirements; Exemptions: See National Oceanic and Atmospheric Administration Dimethyl esters of glutaric acid (i.e., dimethyl glutarate), See National Telecommunications and Information succinic acid (i.e., dimethyl succinate), and adipic Administration acid (i.e., dimethyl adipate), 582–588 PROPOSED RULES See Patent and Trademark Office Air Quality State Implementation Plans; Approvals and Committee for Purchase From People Who Are Blind or Promulgations: Severely Disabled Texas; Control of Air Pollution by Permits for New NOTICES Construction or Modification, etc.; Withdrawal, 631 NOTICES Procurement List; Additions and Deletions, 645–646 Federal Agency Hazardous Waste Compliance Docket; Commodity Futures Trading Commission Update, 654–658 NOTICES Farm Credit Administration Meetings: Technology Advisory Committee, 646 NOTICES Meetings; Sunshine Act, 658–659 Defense Department See Air Force Department Federal Aviation Administration See Engineers Corps RULES See Navy Department Airworthiness Directives: RULES Airbus Airplanes, 532–536, 543–545 Identification Cards for Members of the Uniformed Embraer S.A. Airplanes, 540–542 Services, Their Dependents, and Other Eligible Sikorsky Aircraft Corporation (Sikorsky) Helicopters, Individuals, 708–747 549–551 The Boeing Company Airplanes, 536–540, 545–549 Education Department NOTICES NOTICES Environmental Assessments; Availability, etc.: Membership of the Performance Review Board, 648–649 Proposed Construction and Operation of a Replacement Aerial Tramway, South Franklin Mountain, El Paso, Employment and Training Administration TX, 695 NOTICES Passenger Facility Charge Approvals and Disapprovals, Labor Certification Process for the Temporary Employment 695–701 of Aliens in Agriculture in the U.S.: 2014 Adverse Effect Wage Rates, 664–665 Federal Communications Commission RULES Energy Department Consolidated Service Rules for the 758–769 and 788–799 See Federal Energy Regulatory Commission MHz Bands, 588–601 NOTICES Agency Information Collection Activities; Proposals, Federal Emergency Management Agency Submissions, and Approvals: NOTICES Weatherization Assistance Program Sub-Programs, 649 Major Disaster and Related Determinations: California, 660 Engineers Corps NOTICES Federal Energy Regulatory Commission Great Lakes and Mississippi River Interbasin Study, 647– NOTICES 648 Combined Filings, 649–654

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Filings: Maritime Administration Banning, CA, 654 NOTICES Agency Information Collection Activities; Proposals, Federal Reserve System Submissions, and Approvals: PROPOSED RULES Requirements for Establishing U.S. Citizenship, 701–702 Extensions of Credit by Federal Reserve Banks, 615–620 Fish and Wildlife Service National Highway Traffic Safety Administration PROPOSED RULES NOTICES Endangered and Threatened Wildlife and Plants: Meetings: Final Recovery Plan for the Gulf Coast Jaguarundi, 661– U.S.–Canada Regulatory Cooperation Council Motor 662 Vehicles Working Group, 631–632 Food Safety and Inspection Service National Institutes of Health NOTICES NOTICES Guidance for Industry and Staff: Meetings: Controlling Salmonella in Market Hogs; Compliance Center for Scientific Review, 659 Guidelines, 633–634 National Oceanic and Atmospheric Administration Foreign Claims Settlement Commission RULES NOTICES Fisheries of the Exclusive Economic Zone off Alaska: Meetings; Sunshine Act, 664 Bering Sea and Aleutian Islands Management Area; Health and Human Services Department Amendment 99, 603–608 See National Institutes of Health Fisheries of the Exclusive Economic Zone Off Alaska: See Substance Abuse and Mental Health Services Inseason Adjustment to the 2014 Gulf of Alaska Pollock Administration and Pacific cod Total Allowable Catch Amounts, 601–603 Homeland Security Department NOTICES See Federal Emergency Management Agency Endangered Species; Permits: Hudson River Sloop Clearwater, Inc.; File No. 18600, Housing and Urban Development Department 637–638 NOTICES Meetings: Agency Information Collection Activities; Proposals, New England Fishery Management Council, 638–639 Submissions, and Approvals: Pacific Fishery Management Council, 638 Congressional Earmark Grants, 660–661 National Science Foundation Interior Department NOTICES See Fish and Wildlife Service Antarctic Conservation Act Permits, 665–666 Meetings: Internal Revenue Service Advisory Committee for Mathematical and Physical NOTICES Sciences, 666 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 704–705 National Telecommunications and Information International Trade Administration Administration NOTICES Antidumping and Countervailing Duty Orders; Results, NOTICES Extensions, Amendments, etc.: National Environmental Policy Act Implementing Aluminum Extrusions from the People’s Republic of Procedures and Categorical Exclusions: China, 634–636 First Responder Network Authority, 639–642 Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Navy Department Certain Small Diameter Carbon and Alloy Seamless PROPOSED RULES Standard, Line, and Pressure Pipe from Germany, Guidelines Permitting Archaeological Investigations and 636–637 Other Activities: Sunken Military Craft and Terrestrial Military Craft, 620– International Trade Commission 631 NOTICES Complaints: Nuclear Regulatory Commission Certain Electronic Hand-Held Pulse Massagers and NOTICES Components Thereof, 662–663 Orders Conditioning Involvement in NRC-Licensed Certain Non-Volatile Memory Chips and Products Activities, 666–669 Containing Same, 663–664 Justice Department Patent and Trademark Office See Foreign Claims Settlement Commission NOTICES Extended Missing Parts Pilot Program; Extension, 642–644 Labor Department Prior Art Resources for Use in the Examination of Software- See Employment and Training Administration Related Patent Applications, 644–645

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Personnel Management Office Miami International Securities Exchange, LLC, 681–686 RULES NASDAQ OMX BX, Inc., 679–681 Collection by Offset from Indebted Government Employees, The NASDAQ Stock Market, LLC, 677–679, 686–688, 529–530 692–695 Federal Employees’ Group Life Insurance Program: Election Opportunities for Pathways Participants, 530– Substance Abuse and Mental Health Services 531 Administration Federal Employees Health Benefits Program and Dental and Vision Insurance Program: NOTICES Eligibility for Pathways Programs Participants, 531–532 Funding Opportunity, Fiscal Year 2014, 659–660 PROPOSED RULES Administrative Wage Garnishment, 609–610 Surface Transportation Board Career and Career-Conditional Employment, 610–613 NOTICES Special Rights for Transferred Employees under the Dodd– Abandonment Exemptions: Frank Act: Grenada Railway, LLC; Montgomery, Carroll, Holmes, Federal Employees’ Group Life Insurance, 613–615 Yazoo and Madison Counties, MS, 702–703 Railroad Revenue Adequacy: Postal Regulatory Commission 2010 Determination, 703–704 NOTICES 2011 Determination, 704 Annual Compliance Report, FY 2012, 669–671 2012 Determination, 703 Change in Postal Prices, 671–672 Nationwide Change in Postal Delivery Service Standards, Transportation Department 672–674 See Federal Aviation Administration New Postal Products, 674–676 See Maritime Administration See National Highway Traffic Safety Administration Postal Service See Saint Lawrence Seaway Development Corporation NOTICES See Surface Transportation Board Product Changes: First-Class Package Service Negotiated Service Treasury Department Agreement, 676 See Internal Revenue Service Priority Mail Negotiated Service Agreement, 676

Railroad Retirement Board Separate Parts In This Issue NOTICES Agency Information Collection Activities; Proposals, Part II Submissions, and Approvals, 676–677 Defense Department, 708–747 Saint Lawrence Seaway Development Corporation NOTICES Meetings: Reader Aids Advisory Board, 702 Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, Securities and Exchange Commission and notice of recently enacted public laws. NOTICES To subscribe to the Federal Register Table of Contents Meetings; Sunshine Act, 677 LISTSERV electronic mailing list, go to http:// Self-Regulatory Organizations; Proposed Rule Changes: listserv.access.gpo.gov and select Online mailing list Chicago Mercantile Exchange, Inc., 688–690 archives, FEDREGTOC-L, Join or leave the list (or change Depository Trust Co., 690–691 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.

5 CFR 550...... 529 870...... 530 890...... 531 894...... 531 Proposed Rules: 179...... 609 315...... 610 870...... 613 12 CFR Proposed Rules: 201...... 615 14 CFR 39 (6 documents) ...... 532, 536, 540, 543, 545, 549 32 CFR 161...... 708 Proposed Rules: 767...... 620 40 CFR 52 (5 documents) ...... 551, 573, 577, 580 180...... 582 Proposed Rules: 52...... 631 47 CFR 1...... 588 2...... 588 27...... 588 90...... 588 49 CFR Proposed Rules: 571...... 631 50 CFR 679 (2 documents) ...... 601, 603

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Rules and Regulations Federal Register Vol. 79, No. 3

Monday, January 6, 2014

This section of the FEDERAL REGISTER of 2008 (Pub. L. 110–246 (122 Stat. A different labor organization and an contains regulatory documents having general 1651)) that became effective on June 18, individual opposed the removal of the applicability and legal effect, most of which 2008, to authorize the offset of nontax 10-year limit from the salary offset are keyed to and codified in the Code of payments (via salary offset) to collect regulations. The labor organization Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. delinquent Federal debt without regard stated the proposed regulations would to the amount of time the debt has been allow agencies to be less accountable for The Code of Federal Regulations is sold by delinquent. clearing up mistakes in a timely fashion the Superintendent of Documents. Prices of The 60-day comment period for the and expressed concerns that in some new books are listed in the first FEDERAL proposed regulations ended July 1, cases they could allow agencies to REGISTER issue of each week. 2011. OPM received comments from one retaliate against employees and their agency that concurred with changes in exclusive representatives. The labor organization believed that the statute of OFFICE OF PERSONNEL the proposed regulations. We also limitations governing debt collection MANAGEMENT received comments from two labor organizations and two individuals. This should be based upon the nature of 5 CFR Part 550 supplementary information addresses actions of the agencies and the these comments. employees involved, and that, where an RIN 3206–AM14 One labor organization appreciated employee in good faith earned compensation that is later judged to be Collection by Offset From Indebted that the proposed regulations were erroneously paid, there should be no Government Employees designed to conform to the statutory change authorizing the offset of nontax more than a 6-year statute of limitations, AGENCY: U.S. Office of Personnel payments to collect Federal debt consistent with the time limit under the Management. without time limitations. However, the Back Pay Act. The individual stated that ACTION: Final rule. labor organization believed the there must be boundaries on salary proposed regulations do not give offset rules and the Government should SUMMARY: The U.S. Office of Personnel sufficient clarification on the move swiftly to collect debt within a Management (OPM) is issuing final requirement for the creditor agency to reasonable period of time. regulations to eliminate the 10-year notify employees about such a OPM is not changing the regulations statute of limitations on collection of longstanding overdue debt. We agree. in response to these comments. debt by administrative offset, which We have revised 5 CFR 550.1104(d) to Elimination of the 10-year limitation in includes centralized salary offset. The specify the requirements for notification OPM’s regulations to authorize the final regulations conform with an of employees for debts outstanding more offset of nontax payments (via salary amendment made by the Food, than 10 years on or before June 11, 2009; offset) to collect delinquent Federal debt Conservation, and Energy Act of 2008. see also the Department of the without regard to the amount of time the This change would authorize the offset Treasury’s salary offset regulations at 31 of nontax payments (via salary offset) to debt has been delinquent is required by CFR 285.7(d)(7) for additional changes made to 31 U.S.C. 3716(e) by collect delinquent Federal debt without notification requirements. regard to the amount of time the debt the Food, Conservation, and Energy Act has been delinquent. OPM is also The labor organization also of 2008. OPM has no authority to making several technical changes to be questioned whether OPM should amend establish a time limitation under consistent with the Department of the its own internal agency salary offset regulations for collecting a debt via Treasury and the Department of Justice regulations at 5 CFR part 179, subpart B, salary offset that is inconsistent with the Federal Claims Collection Standards which contains the obsolete 10-year law. and the Department of the Treasury limitation provision. This final Another individual questioned the salary offset regulations. regulation does not amend OPM’s legality of the changes to § 550.1104 internal salary offset regulations at 5 regarding deductions of greater than 15 DATES: Effective date: These regulations CFR part 179, subpart B. Under 5 U.S.C. percent of the employee’s disposable are effective on February 5, 2014. 5514 and 5 CFR 550.1104, each covered pay, as it related to employee due FOR FURTHER INFORMATION CONTACT: agency must issue regulations, subject to process rights. We are not revising the Tameka Gillis by telephone at (202) OPM approval, governing its internal regulations in response to this comment. 606–2858; by fax at (202) 606–0824; or procedures for collecting a debt by by email at [email protected]. salary offset. OPM’s internal salary Employees will continue to have notice and due process rights as provided in 5 SUPPLEMENTARY INFORMATION: On May 2, offset regulations, as well as the internal 2011, the U.S. Office of Personnel salary offset regulations issued by other U.S.C. 5514 and 5 CFR 550.1104 if a Management (OPM) issued proposed agencies, must be amended to reflect the court orders deductions greater than 15 regulations (76 FR 24406) to eliminate changes made by these final regulations percent of pay. the 10-year statute of limitations on on or after the effective date of these Regulatory Flexibility Act collection of debt by administrative regulations. OPM considers offset, which includes centralized salary amendments to agency internal salary I certify that these regulations will not offset. The proposed regulations offset regulations in this case to be have a significant economic impact on conformed with an amendment to 31 conforming changes. Agencies need not a substantial number of small entities U.S.C. 3716(e) made by section 14219 of submit these conforming changes to because they will apply only to Federal the Food, Conservation, and Energy Act OPM for approval prior to publication. agencies and employees.

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Executive Order 13563 and Executive FCCS means the Federal Claims as provided in paragraphs (1) and (m) of Order 12866 Collections Standards published in 31 this section. CFR parts 900 through 904. The Office of Management and Budget * * * * * has reviewed this rule in accordance * * * * * ■ 5. Revise § 550.1106 to read as with E.O. 13563 and 12866. ■ 4. In § 550.1104, revise paragraph (d) follows: introductory text and paragraphs (d)(3), List of Subjects in 5 CFR Part 550 § 550.1106 Time limit on collection of (i), and (j) to read as follows: debts. Administrative practice and § 550.1104 Agency regulations. Agencies may initiate salary offset to procedure, Claims, Government collect a debt without time limitations employees, Wages. * * * * * on any debt outstanding after the U.S. Office of Personnel Management. (d) Notification before deductions begin. Provide for notification before Government’s right to collect the debt Katherine Archuleta, deductions begin. Except as provided in first accrued. (See § 550.1108 for Director. paragraph (c) of this section, deductions requirement when debts are delinquent Accordingly, OPM is amending 5 CFR under the authority of 5 U.S.C. 5514 over 180 days.) part 550 as follows: must not be made unless the head of the [FR Doc. 2013–31508 Filed 1–3–14; 8:45 am] creditor agency (or authorized designee) BILLING CODE 6325–39–P PART 550—PAY ADMINISTRATION provides the employee a written notice (GENERAL) at least 30 days before any deduction OFFICE OF PERSONNEL Subpart K—Collection by Offset From begins. (For debts outstanding more MANAGEMENT Indebted Government Employees than 10 years on or before June 11, 2009, see also 31 CFR 285.7(d) for additional 5 CFR Part 870 ■ notification requirements.) The written 1. The authority citation for subpart K RIN 3206–AM98 of part 550 continues to read as follows: notice must state at a minimum: Authority: 5 U.S.C. 5514; sec. 8(1) of E.O. * * * * * Federal Employees’ Group Life 11609; redesignated in sec. 2–1 of E.O. (3) The frequency and amount of the Insurance Program: Election 12107. intended deduction (stated as a fixed Opportunities for Pathways dollar amount or as a percentage of pay, Participants ■ 2. In § 550.1102, revise paragraph not to exceed 15 percent of disposable AGENCY: (b)(1) and add a new paragraph (b)(3) to pay except as provided in paragraph (i) U.S. Office of Personnel read as follows: of this section) and the intention to Management. continue the deductions until the debt ACTION: Interim Final Rule with request § 550.1102 Scope. is paid in full or otherwise resolved; for comments. * * * * * * * * * * SUMMARY: (b) * * * The U.S. Office of Personnel (i) Limitation on amount of Management (OPM) is issuing an (1) Excluded debts. The procedures deductions. Prescribe the limitations on interim final regulation to update the contained in this subpart do not apply the amount of the deduction. Federal Employees’ Group Life to— Ordinarily, the size of installment Insurance (FEGLI) regulations to reflect (i) Debts arising under the Internal deductions must bear a reasonable updated election opportunities for Revenue Code (26 U.S.C. 1 et seq.); relationship to the size of the debt and participants in the Pathways Programs, (ii) Debts arising under the tariff laws the employee’s ability to pay (see the which were designed to promote of the United States; FCCS at 31 CFR 901.8). However, the employment for students and recent (iii) Any case where collection of a amount deducted for any period under graduates in the Federal workforce debt by salary offset is explicitly this subpart may not exceed 15 percent through internships with Federal provided for or prohibited by another of the disposable pay from which the agencies. statute (e.g., travel advances in 5 U.S.C. deduction is made, unless the employee DATES: This interim final rule is 5705 and employee training expenses in has agreed in writing to the deduction effective February 5, 2014. Comments 5 U.S.C. 4108); or of a greater amount or a higher are due on or before March 7, 2014. (iv) Any other debt excluded by the deduction has been ordered by a court FCCS or 31 CFR part 285. under section 124 of Public Law 97–276 FOR FURTHER INFORMATION CONTACT: (96 Stat.1195). Ronald Brown, Policy Analyst, * * * * * (j) Duration of deductions. Prescribe (202)606–0004, or by email to (3) Compromise, suspension, or the duration of deductions under this [email protected]. termination of collection actions. This subpart. Ordinarily, debts must be SUPPLEMENTARY INFORMATION: OPM is subpart does not preclude the collected in one lump sum where issuing an interim final regulation to compromise, suspension, or termination possible. However, if the employee is reflect the FEGLI election opportunities of collection actions, where appropriate, financially unable to pay in one lump authorized by Executive Order (E.O.) as provided in the FCCS (31 CFR 900.4) sum or the amount of the debt exceeds 13562 signed by the President on or the use of alternative dispute 15 percent of disposable pay (or other December 27, 2010. E.O. 13562 resolution methods if they are not applicable limitation as provided in established the Internship Program and inconsistent with agency-specific laws paragraph (i) of this section) for an the Recent Graduates Program, which, and regulations. officially established pay interval, along with the Presidential Management ■ 3. In § 550.1103, revise the definition collection must be made in installments. Fellows Program, as modified therein, of ‘‘FCCS’’ to read as follows: Such installment deductions must be became the Pathways Programs. This made over a period not greater than the interim final rule updates 5 CFR § 550.1103 Definitions. anticipated period of active duty or 870.302(b)(2) to allow FEGLI election * * * * * employment, as the case may be, except opportunities for participants in the

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Pathways Programs as authorized by the U.S. Office of Personnel Management. Federal Employees Health Benefits final rule: ‘‘Excepted Service, Career Katherine Archuleta, Program (FEHBP) and the Federal and Career-Conditional Employment; Director. Employees Dental and Vision Insurance and Pathways Programs,’’ 77 FR 28193 Accordingly, OPM is amending 5 CFR Program (FEDVIP) regulations to reflect (May 11, 2012). part 870 as follows: updated election opportunities for participants in the Pathways Programs. Changes PART 870—FEDERAL EMPLOYEES’ The Pathways Programs were created by GROUP LIFE INSURANCE PROGRAM Executive Order (E.O.) 13562, signed by Students hired under an Internship the President on December 27, 2010, Program, Recent Graduate Program, or ■ 1. The authority citation for 5 CFR and are designed to enable the Federal Presidential Management Fellows (PMF) part 870 is revised to read as follows: Government to compete effectively for Program, collectively known as the Authority: 5 U.S.C. 8716; Subpart J also students and recent graduates by Pathways Programs, and who are issued under section 599C of Pub. L. 101– improving its recruitment efforts employed in an appointment for a 513, 104 Stat. 2064, as amended; Sec. through internships and similar period expected to last longer than 1 870.302(a)(3)(ii) also issued under section programs with Federal agencies. This year are eligible for life insurance 153 of Pub. L. 104–134, 110 Stat. 1321; Sec. interim final rule furthers these 870.302(a)(3) also issued under sections coverage, as long as they are expected to recruitment and retention efforts by be in a pay status for at least one-third 11202(f), 11232(e), and 11246(b) and (c) of Pub. L. 105–33, 111 Stat. 251, and section providing health insurance, as well as of the total period of time from the date 7(e) of Pub. L. 105–274, 112 Stat. 2419; Sec. dental and vision benefits, to eligible of their initial appointment to the date 870.302(a)(3) also issued under section 145 of program participants and their families. of the completion of the Program. The Pub. L. 106–522, 114 Stat. 2472; Secs. DATES: This interim final rule is regulations are being changed to reflect 870.302(b)(8), 870.601(a), and 870.602(b) also effective February 5, 2014. Comments this enrollment opportunity. This issued under Pub. L. 110–279, 122 Stat. 2604. are due on or before March 7, 2014. change can be found in section Subpart C—Eligibility FOR FURTHER INFORMATION CONTACT: 870.302(b)(2). Ronald Brown, Policy Analyst, ■ 2. Section 870.302(b)(2) is revised to Waiver of Proposed Rulemaking (202)606–0004, or by email to read as follows: [email protected]. OPM has determined that it would be § 870.302 Exclusions. SUPPLEMENTARY INFORMATION: The impracticable, unnecessary, and Pathways Programs offer clear paths to * * * * * civil service careers for recent graduates contrary to the public interest to delay (b) * * * putting the provisions of this interim (2) An employee who is employed for and provide meaningful training, final regulation in place until a public an uncertain or purely temporary mentoring, and career-development notice and comment process has been period, who is employed for brief opportunities through internships and completed. Under section 553(b) of the periods or intervals, or who is expected similar programs with Federal Administrative Procedure Act (APA) (5 to work less than 6 months in each year. Government agencies. This interim final U.S.C. 551 et seq.) a general notice of Exception: an employee who receives an rule updates 5 CFR 890.303 and 5 CFR proposed rulemaking is not required appointment of at least 1 year’s duration 894.302 to allow election opportunities when an agency, for good cause, finds as an Intern under § 213.3402(a) of this for participants in these programs as that notice and public comment thereon chapter and who is expected to be in a authorized by the final rule: ‘‘Excepted are impracticable, unnecessary, or pay status for at least one-third of the Service, Career and Career-Conditional contrary to the public interest. The total period of time from the date of the Employment; and Pathways Programs,’’ 77 FR 28193 (May 11, 2012). FEGLI elections authorized by E.O. first appointment to the completion of Accordingly, to provide essential 13562 for students and recent graduates the work-study program. healthcare benefits, and dental and require immediate implementation to * * * * * vision benefits, and to further the protect available election opportunities [FR Doc. 2013–31505 Filed 1–3–14; 8:45 am] recruitment and retention of talent by for enrollees and their eligible BILLING CODE 6325–39–P Federal agencies, OPM is issuing this dependents. rule to allow Pathways Programs Regulatory Flexibility Act OFFICE OF PERSONNEL participants to elect FEHBP and FEDVIP MANAGEMENT benefits. I certify that this regulation will not Changes have a significant economic impact on 5 CFR Parts 890 and 894 a substantial number of small entities (1) Executive Order 13562, Recruiting because the regulation only affects life RIN 3206–AM97 and Hiring Students and Recent Graduates, and implementing insurance benefits of Federal employees Federal Employees Health Benefits and retirees. regulations provide employee benefits Program and Federal Employees to eligible participants in the Federal Executive Order 12866, Regulatory Dental and Vision Insurance Program: Government internships known as the Review Eligibility for Pathways Programs Pathways Programs. The Federal Participants Employee Dental and Vision Insurance This rule has been reviewed by the AGENCY: U.S. Office of Personnel Program (FEDVIP), signed into law on Office of Management and Budget in December 23, 2004, established a dental accordance with Executive Order 12866. Management. ACTION: Interim Final Rule with request benefits and vision benefits program for List of Subjects in 5 CFR Part 870 for comments. Federal employees, annuitants, and their eligible family members. The Administrative practice and SUMMARY: The U.S. Office of Personnel FEDVIP benefit is available to all procedure, Government employees, Life Management (OPM) is issuing an eligible Federal employees and is a insurance, Retirement. interim final regulation to update the valuable tool to recruit and retain

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students and recent graduates by U.S. Office of Personnel Management. under § 213.3402(a) of this chapter. To allowing talented employees to Katherine Archuleta, qualify, you must be expected to be in participate in Government internships Director. a pay status for at least one-third of the and similar programs. Similarly, Accordingly, the Office of Personnel total period of time from the date of the eligibility to enroll in health benefits is Management is amending 5 CFR chapter first appointment to the completion of a valuable tool that can be used as part I as follows: the work-study program. of an overall plan to attract students and * * * * * recent graduates interested in Federal PART 890—FEDERAL EMPLOYEES [FR Doc. 2013–31506 Filed 1–3–14; 8:45 am] careers and to successfully recruit and HEALTH BENEFITS PROGRAM BILLING CODE 6325–39–P retain them. Accordingly, OPM is ■ 1. The authority citation for part 890 proposing to amend the existing Federal continues to read as follows: regulations to clarify that eligible DEPARTMENT OF TRANSPORTATION employees in the Pathways Programs Authority: 5 U.S.C. 8913; Sec. 890.301 also issued under sec. 311 of Pub. L. 111–3, Federal Aviation Administration are eligible to elect FEDVIP benefits. 123 Stat. 64; Sec. 890.111 also issued under Also, we are proposing to amend the section 1622(b) of Pub. L. 104–106, 110 Stat. 14 CFR Part 39 FEHBP rules to clarify that Pathways 521; Sec. 890.112 also issued under section Programs interns are eligible to elect 1 of Pub. L. 110–279, 122 Stat. 2604; Sec. [Docket No. FAA–2013–0208; Directorate FEHBP enrollment pursuant to 890.803 also issued under 50 U.S.C. 403p, 22 Identifier 2012–NM–204–AD; Amendment authorities contained in Schedule D of U.S.C. 4069c and 4069c–1; subpart L also 39–17702; AD 2013–25–06] issued under sec. 599C of Pub. L. 101–513, the excepted service, a new schedule RIN 2120–AA64 created by E.O. 13562 to make necessary 104 Stat. 2064, as amended; Sec. 890.102 also issued under sections 11202(f), 11232(e), exceptions to the competitive hiring 11246(b) and (c) of Pub. L. 105–33, 111 Stat. Airworthiness Directives; Airbus rules. These changes can be found in 5 251; and section 721 of Pub. L. 105–261, 112 Airplanes CFR 894.302(f) and 5 CFR 890.303(e)(2). Stat. 2061. AGENCY: Federal Aviation Waiver of Proposed Rulemaking Subpart C—Enrollment Administration (FAA), Department of Transportation (DOT). OPM has determined that it would be ■ 2. In § 890.303, revise paragraph (e)(2) ACTION: Final rule. impracticable, unnecessary, and to read as follows: contrary to the public interest to delay SUMMARY: We are adopting a new putting the provisions of this interim § 890.303 Continuation of enrollment. airworthiness directive (AD) for all final regulation in place until a public * * * * * Airbus Model A318, A319, A320, and notice and comment process has been (e) * * * A321 series airplanes. This AD was completed. Under section 553(b) of the (2) However, in the case of an prompted by a determination that Administrative Procedure Act (APA) (5 employee who is employed under an certain maintenance activities, such as U.S.C. 551 et seq.), a general notice of OPM approved career-related work- repairs or the accumulation of paint proposed rulemaking is not required study program under Schedule D of at layers, might cause the weight of an when an agency, for good cause, finds least one year’s duration and who is elevator to exceed the certified limits. that notice and public comment thereon expected to be in a pay status during not This AD requires checking the weight of are impracticable, unnecessary, or less than one-third of the total period of certain elevators, and corrective action contrary to the public interest. The time from the date of the first if necessary; and re-identifying the expanded FEDVIP elections authorized appointment to the completion of the elevators. We are issuing this AD to by the Pathways Programs final rule work-study program, his/her enrollment detect and correct elevators that exceed require immediate implementation to continues while he/she is in nonpay the certified weight limits, which could protect available election opportunities status so long as he/she is participating result in reduced control of the airplane. for employees and their eligible in the work-study program. DATES: This AD becomes effective dependents. * * * * * February 10, 2014. The Director of the Federal Register Regulatory Flexibility Act PART 894—FEDERAL EMPLOYEES approved the incorporation by reference DENTAL AND VISION INSURANCE of certain publications listed in this AD I certify that this regulation will not PROGRAM have a significant economic impact on as of February 10, 2014. a substantial number of small entities ■ 3. The authority citation for part 894 ADDRESSES: You may examine the AD because the regulation only affects is revised to read as follows: on the Internet at http:// www.regulations.gov/ health insurance benefits of Federal Authority: 5 U.S.C. 8962; 5 U.S.C. 8992; employees and retirees. Subpart C also issued under section 1 of Pub. #!docketDetail;D=FAA-2013-0208; or in L. 110–279, 122 Stat. 2604. person at the U.S. Department of Executive Order 12866, Regulatory Transportation, Docket Operations, M– Review 30, West Building Ground Floor, Room Subpart C—Eligibility W12–140, 1200 New Jersey Avenue SE., This rule has been reviewed by the ■ Washington, DC. Office of Management and Budget in 4. In § 894.302, paragraph (f) is revised to read as follows: For service information identified in accordance with Executive Order 12866. this AD, contact Airbus, Airworthiness List of Subjects in 5 CFR Parts 890 and § 894.302(f) What is an excluded position? Office—EIAS, 1 Rond Point Maurice 894 * * * * * Bellonte, 31707 Blagnac Cedex, France; (f) Expected to work fewer than six telephone +33 5 61 93 36 96; fax +33 5 Administrative practice and months in each year. Exception: you are 61 93 44 51; email account.airworth- procedure, Government employees, eligible if you receive an appointment of [email protected]; Internet http:// Health insurance, Retirement. at least one year’s duration as an Intern www.airbus.com. You may view this

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referenced service information at the www.regulations.gov/ installation. We have not changed this FAA, Transport Airplane Directorate, #!documentDetail;D=FAA-2013-0208- final rule in this regard. 1601 Lind Avenue SW., Renton, WA. 0002. Request To Omit the Elevator Weight For information on the availability of Comments Check Under Certain Conditions this material at the FAA, call 425–227– 1221. We gave the public the opportunity to DAL requested we add a note to the FOR FURTHER INFORMATION CONTACT: participate in developing this AD. We NPRM (78 FR 15335, March 11, 2013) Sanjay Ralhan, Aerospace Engineer, considered the comments received. similar to a note in paragraph 1.E., International Branch, ANM–116, Support for the NPRM (78 FR 15335, ‘‘Compliance,’’ of Airbus Service Transport Airplane Directorate, FAA, March 11, 2013) Bulletin A320–55–1034, including 1601 Lind Avenue SW., Renton, WA Appendices 1 and 2, dated August 19, US Airways stated it agrees with the 98057–3356; telephone (425) 227–1405; 2011. DAL stated that elevator NPRM (78 FR 15335, March 11, 2013) to fax (425) 227–1149. installation requires compliance with a ensure safety and has been actively SUPPLEMENTARY INFORMATION: critical design configuration control weighing and applying new part limitation (CDCCL) that requires Discussion numbers for over a year. weighing the elevator. DAL commented We issued a notice of proposed Request To Change Compliance Time that the note states it is not necessary to rulemaking (NPRM) to amend 14 CFR Stipulation weigh the elevator again if an elevator has previously been weighed for the part 39 to include an AD that would Airbus requested we change CDCCL requirement and, since the apply to the specified products. The paragraph (i) of the NPRM (78 FR 15335, elevator was weighed, no maintenance NPRM was published in the Federal March 11, 2013) to specify that the actions were carried out on it that could Register on March 11, 2013 (78 FR corrective action for an overweight have led to an elevator weight increase. 15335). The NPRM proposed to correct elevator is required before further flight an unsafe condition for the specified for that elevator and not for the airplane. We disagree with the commenter’s products. We agree with the commenter’s request to add a note to this final rule. The European Aviation Safety Agency request because the intent of the final Paragraph (g)(1) of this AD already (EASA), which is the Technical Agent rule is to prohibit flight with elevators allows a records review if the elevator for the Member States of the European that exceed the weight limit established weight can be conclusively determined Community, has issued EASA in accordance with Airbus Service from review of maintenance records. We Airworthiness Directive 2012–0221, Bulletin A320–55–1034, including have not changed this final rule in this dated October 23, 2012 (referred to after Appendices 1 and 2, dated August 19, regard. this as the Mandatory Continuing 2011. We have changed paragraph (i) in Request To Change Applicability Airworthiness Information, or ‘‘the this final rule to state ‘‘. . . Before MCAI’’), to correct an unsafe condition further flight with an elevator that US Airways requested we change the for the specified products. The MCAI exceeds the weight limits established in applicability of the NPRM (78 FR 15335, states: Airbus Service Bulletin A320–55–1034, March 11, 2013) from airplanes to all It has been identified that maintenance including Appendices 1 and 2, dated part numbers of affected elevators. US activities, such as repairs or the August 19, 2011, repair . . . .’’ Airways stated that the NPRM should be accumulation of paint layers, may cause the a component AD, as the elevators are weight of an elevator to exceed the certified Request To Allow Maintenance Record interchanged among the fleet, and AD limits. Check To Identify Affected Elevators applicability by manufacturer serial This condition, if not detected and corrected, Delta Airlines (DAL) requested we number (MSN) of the airplane could be could result in reduced control of the confusing. aeroplane. revise the NPRM (78 FR 15335, March For the reasons described above, this [EASA] 11, 2013) to allow omitting the elevator We disagree with the commenter’s AD requires a onetime weight check of both weight check if a review of the airplane request. The FAA risk assessment was left-hand (LH) and right-hand (RH) elevators, maintenance records shows that an performed to determine corrective accomplishment of corrective actions, as affected elevator is not installed on the action(s) for mitigating the unsafe applicable, depending on findings, and re- airplane. condition at an airplane level. Since the identification of the elevators. We disagree with the commenter’s elevator parts are interchanged among The monitoring of elevator weight evolution request. This final rule does not specify the fleet, this final rule applicability at after having complied with this [EASA] AD a particular method of determining if an an airplane level will ensure discrepant is ensured by Airbus A318/A319/A320/A321 affected elevator is installed. Paragraph elevator parts are identified and ALS Part 2 CDCCL (Critical Design Configuration Control Limitations), (c) of this final rule identifies the corrected. We have not changed this compliance with which is currently required affected airplanes, and table 1 to final rule in this regard. paragraph (g) of this AD lists the by EASA AD 2010–0071R1 (http:// Request for Clarification of _ _ _ _ affected elevator part numbers. Once an ad.easa.europa.eu/blob/easa ad 2010 0071 Applicability R1.pdf/AD_2010-0071R1_1), [which operator determines an affected elevator corresponds to FAA AD 2011–14–06, part number is not installed on an US Airways requested clarification as Amendment 39–16741 (76 FR 42024, July 18, airplane in its fleet, the operator may to why elevators having ‘‘MPN 2011)]. record compliance with this AD for D55280002002 & D55280002003’’ are Corrective action includes removing the those airplanes and elevator part not included in the NPRM (78 FR paint from the elevator surface and numbers. However, the operator is still 15335, March 11, 2013). US Airways repainting, or replacing the elevator subject to paragraph (l) of this AD, stated that these elevators have a with a serviceable elevator if the weight which prohibits installing the elevator requirement for a weight check after any estimate is over the certified weight part numbers listed in table 1 to repair according to Component limit; and repairing the elevator. You paragraph (g) of this AD, unless the Maintenance Manual Manufacturer 55– may examine the MCAI in the AD actions required by this AD are 21–15, Revision 13, dated January 1, docket on the Internet at http:// accomplished on the elevator before 2013.

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We agree to clarify. The purpose of We disagree with the commenter’s the Administrator finds necessary for this AD is to perform a one-time weight request. The intent of word ‘‘repair’’ is safety in air commerce. This regulation check of all elevators that are in service to restore the structure/part to its is within the scope of that authority with no record of weight at the time of original type design configuration. because it addresses an unsafe condition production. Airbus Modification 150390 Therefore, replacing the word ‘‘repair’’ that is likely to exist or develop on installs a placard with the elevator with ‘‘restore’’ may be misinterpreted. products identified in this rulemaking weight during production. The two part We have not changed this final rule in action. numbers referenced by US Airways are this regard. Regulatory Findings installed in production by Airbus Change to This Final Rule Modification 150390, and the We determined that this AD will not configuration is maintained by CDCCL We have changed the first compliance have federalism implications under in Airbus A318/A319/A320/A321 time specified in paragraph (i) of this Executive Order 13132. This AD will Airworthiness Limitations Section Part AD from ‘‘before further flight’’ to not have a substantial direct effect on 2—Damage-Tolerant Airworthiness ‘‘within the applicable time specified in the States, on the relationship between Limitation Items. Therefore, the two paragraph (h)(1) or (h)(2) of this AD.’’ the national government and the States, part numbers are not included in this We have determined that this change or on the distribution of power and final rule. We have not changed this will provide sufficient time to responsibilities among the various final rule in this regard. adequately address the identified unsafe levels of government. condition. For the reasons discussed above, I Request To Approve Alternative Paints certify that this AD: US Airways requested we change the Conclusion 1. Is not a ‘‘significant regulatory corrective actions in the NPRM (78 FR We reviewed the available data, action’’ under Executive Order 12866; 15335, March 11, 2013) to reflect that including the comments received, and 2. Is not a ‘‘significant rule’’ under the primer paints called out in Structural determined that air safety and the DOT Regulatory Policies and Procedures Repair Manual 51–23–11, Page 10, Table public interest require adopting this AD (44 FR 11034, February 26, 1979); 6, Sheet 3 (F1 area), are approved as with the changes described previously 3. Will not affect intrastate aviation in alternate paints to apply to elevators and minor editorial changes. We have Alaska; and that need to be re-painted. US Airways determined that these changes: 4. Will not have a significant stated that Appendix 1, step (5)(b) and • Are consistent with the intent that economic impact, positive or negative, step (6) of Airbus Service Bulletin was proposed in the NPRM (78 FR on a substantial number of small entities A320–55–1034, including Appendices 1 15335, March 11, 2013) for correcting under the criteria of the Regulatory and 2, dated August 19, 2011, requires the unsafe condition; and Flexibility Act. • an external paint scheme and the primer Do not add any additional burden Examining the AD Docket materials called out in this service upon the public than was already information are not readily available. proposed in the NPRM (78 FR 15335, You may examine the MCAI in the We disagree with the commenter’s March 11, 2013). AD docket on the Internet at http:// www.regulations.gov/#!documentDetail; request. The commenter did not provide Costs of Compliance substantiation for an equivalent D=FAA-2013-0208-0002; or in person at alternative to the primer material We estimate that this AD affects 755 the Docket Operations office between 9 referenced in the service information in products of U.S. registry. We estimate a.m. and 5 p.m., Monday through this final rule. The operator may apply that it will take about 45 work-hours per Friday, except Federal holidays. The AD for approval of an alternative method of product to comply with the basic docket contains this AD, the regulatory compliance under the provisions of requirements of this AD. The average evaluation, any comments received, and paragraph (m) of this final rule to use labor rate is $85 per work-hour. Based other information. The street address for different primer material. We have not on these figures, we estimate the cost of the Docket Operations office (telephone changed this final rule in this regard. this AD to the U.S. operators to be (800) 647–5527) is in the ADDRESSES $2,887,875, or $3,825 per product. section. Request To Correct Typographical We have received no definitive data List of Subjects in 14 CFR Part 39 Error that would enable us to provide cost DAL noted an error in paragraph estimates for the on-condition actions Air transportation, Aircraft, Aviation (h)(2) of the NPRM (78 FR 15335, March specified in this AD. safety, Incorporation by reference, Safety. 11, 2013), which should state ‘‘than’’ Authority for This Rulemaking instead of ‘‘that.’’ Adoption of the Amendment Paragraph (h)(2) of the NPRM (78 FR Title 49 of the United States Code 15335, March 11, 2013) stated ‘‘For specifies the FAA’s authority to issue Accordingly, under the authority elevators other that those identified in rules on aviation safety. Subtitle I, delegated to me by the Administrator, . . . .’’ We agree with the commenter’s section 106, describes the authority of the FAA amends 14 CFR part 39 as request and have changed paragraph the FAA Administrator. ‘‘Subtitle VII: follows: Aviation Programs,’’ describes in more (h)(2) of this final rule to state ‘‘For PART 39—AIRWORTHINESS detail the scope of the Agency’s elevators other than those . . . .’’ DIRECTIVES authority. Request To Revise Certain Terminology We are issuing this rulemaking under ■ 1. The authority citation for part 39 Airbus requested we revise paragraph the authority described in ‘‘Subtitle VII, continues to read as follows: (i) of the NPRM (78 FR 15335, March 11, Part A, Subpart III, Section 44701: 2013) to use the word ‘‘restore’’ in lieu General requirements.’’ Under that Authority: 49 U.S.C. 106(g), 40113, 44701. of ‘‘repair.’’ Airbus stated it considers section, Congress charges the FAA with the word ‘‘restore’’ to be more promoting safe flight of civil aircraft in § 39.13 [Amended] appropriate for the required actions (i.e., air commerce by prescribing regulations ■ 2. The FAA amends § 39.13 by adding removal of paint layers). for practices, methods, and procedures the following new AD:

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2013–25–06 Airbus: Amendment 39–17702. TABLE 1 TO PARAGRAPH (g) OF THIS Airplane Directorate, FAA; or the European Docket No. FAA–2013–0208; Directorate AD—AFFECTED PART NUMBERS (P/ Aviation Safety Agency (EASA) (or its delegated agent). Identifier 2012–NM–204–AD. N)—Continued (a) Effective Date (j) Elevator Re-Identification This airworthiness directive (AD) becomes Part name P/N (first 12 If the elevator weight, determined by the effective February 10, 2014. digits only) weight check specified in paragraph (g) or (i) of this AD, does not exceed the weight limit (b) Affected ADs Right Hand Elevator ...... D55280002001 specified in the Accomplishment None. Instructions of Airbus Service Bulletin A320– (1) A review of the airplane maintenance 55–1034, including Appendices 1 and 2, (c) Applicability records is acceptable in lieu of the weight dated August 19, 2011: Within 72 months This AD applies to the Airbus airplanes, check required by the introductory text of after the effective date of this AD, record the certificated in any category, listed in paragraph (g) of this AD, provided the elevator weight and re-identify the elevator, paragraphs (c)(1) through (c)(4) of this AD, all elevator weight can be conclusively in accordance with the Accomplishment serial numbers. determined from that review. Instructions of Airbus Service Bulletin A320– (1) Model A318–111, –112, –121, and –122 (2) The use of elevator weight data from 55–1042, Revision 01, dated June 29, 2012. production, as specified in Airbus Service airplanes. (k) Credit for Previous Actions (2) Model A319–111, –112, –113, –114, Bulletin A320–55–1034, including –115, –131, –132, and –133 airplanes. Appendices 1 and 2, dated August 19, 2011, This paragraph provides credit for actions (3) Model A320–111, –211, –212, –214, is acceptable in lieu of the weight check required by paragraph (j) of this AD, if those –231, –232, and –233 airplanes. required by the introductory text of actions were performed before the effective (4) Model A321–111, –112, –131, –211, paragraph (g) of this AD, provided that the date of this AD using Airbus Service Bulletin –212, –213, –231, and –232 airplanes. affected elevator has not been subjected to A320–55–1042, dated August 19, 2011, any maintenance action that could have which is not incorporated by reference in this (d) Subject modified the weight. AD. (3) Airplanes on which Airbus Air Transport Association (ATA) of (l) Parts Installation Limitation America Code 55, Stabilizers. Modification 150390 has been embodied in production are not required to do the actions As of the effective date of this AD, no (e) Reason specified in the introductory text of person may install on any airplane an This AD was prompted by a determination paragraph (g) of this AD, provided that no elevator with a part number listed in table 1 that certain maintenance activities, such as elevator having a part number specified in to paragraph (g) of this AD, unless that repairs or the accumulation of paint layers, table 1 to paragraph (g) of this AD has been elevator is in compliance with the might cause the weight of an elevator to installed on that airplane since the airplane’s requirements of this AD. first flight. exceed the certified limits. We are issuing (m) Other FAA AD Provisions this AD to detect and correct elevators that (h) Compliance Time for the Actions The following provisions also apply to this exceed certified weight limits, which could Specified in Paragraphs (g) and (i) of This result in reduced control of the airplane. AD: AD (1) Alternative Methods of Compliance (f) Compliance (1) For an elevator for which, as of the (AMOCs): The Manager, International You are responsible for having the actions effective date of this AD, the records show Branch, ANM–116, Transport Airplane required by this AD performed within the that no maintenance actions have been Directorate, FAA, has the authority to compliance times specified, unless the performed since first installation of the approve AMOCs for this AD, if requested actions have already been done. elevator on an airplane, which might have using the procedures found in 14 CFR 39.19. increased its weight: Within 72 months after In accordance with 14 CFR 39.19, send your (g) Weight Check the effective date of this AD. request to your principal inspector or local At the applicable time specified in (2) For elevators other than those identified Flight Standards District Office, as paragraph (h)(1) or (h)(2) of this AD: Do a in paragraph (h)(1) of this AD: Within 48 appropriate. If sending information directly weight check on the elevators identified in months after the effective date of this AD. to the International Branch, send it to ATTN: Sanjay Ralhan, Aerospace Engineer, table 1 to paragraph (g) of this AD. Do the (i) Corrective Actions weight check in accordance with the International Branch, ANM–116, Transport Accomplishment Instructions of Airbus If the elevator weight, determined as Airplane Directorate, FAA, 1601 Lind Service Bulletin A320–55–1034, including required by paragraph (g) of this AD, exceeds Avenue SW., Renton, WA 98057–3356; Appendices 1 and 2, dated August 19, 2011, the weight limit specified in the telephone (425) 227–1405; fax (425) 227– except as specified in paragraphs (g)(1), Accomplishment Instructions of Airbus 1149. Information may be emailed to: 9- (g)(2), and (g)(3) of this AD. Service Bulletin A320–55–1034, including [email protected]. Appendices 1 and 2, dated August 19, 2011: Before using any approved AMOC, notify Within the applicable time specified in your appropriate principal inspector, or TABLE 1 TO PARAGRAPH (g) OF THIS paragraph (h)(1) or (h)(2) of this AD, do the lacking a principal inspector, the manager of AD—AFFECTED PART NUMBERS (P/N) applicable corrective actions followed by a the local flight standards district office/ new weight check of the elevator, in certificate holding district office. The AMOC Part name P/N (first 12 accordance with the Accomplishment approval letter must specifically reference digits only) Instructions of Airbus Service Bulletin A320– this AD. 55–1034, including Appendices 1 and 2, (2) Airworthy Product: For any requirement Left Hand Elevator ...... D55280001000 dated August 19, 2011. If the elevator weight, in this AD to obtain corrective actions from Left Hand Elevator ...... D55280001002 determined as required by the new weight a manufacturer or other source, use these Left Hand Elevator ...... D55280001004 check, exceeds the weight limit specified in actions if they are FAA-approved. Corrective Left Hand Elevator ...... D55280001008 the Accomplishment Instructions of Airbus actions are considered FAA-approved if they Left Hand Elevator ...... D55280001010 Service Bulletin A320–55–1034, including are approved by the State of Design Authority Left Hand Elevator ...... D55280001012 Appendices 1 and 2, dated August 19, 2011: (or their delegated agent). You are required Left Hand Elevator ...... D55280002000 Before further flight with an elevator that to assure the product is airworthy before it Right Hand Elevator ...... D55280001001 exceeds the weight limits established in is returned to service. Right Hand Elevator ...... D55280001003 Airbus Service Bulletin A320–55–1034, Right Hand Elevator ...... D55280001005 including Appendices 1 and 2, dated August (n) Related Information Right Hand Elevator ...... D55280001009 19, 2011, repair the elevator using a method (1) Refer to Mandatory Continuing Right Hand Elevator ...... D55280001011 approved by either the Manager, Airworthiness Information (MCAI) EASA Right Hand Elevator ...... D55280001013 International Branch, ANM–116, Transport Airworthiness Directive 2012–0221, dated

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October 23, 2012, for related information. Model 747–100, 747–100B, 747–100B Docket Management Facility, U.S. You may examine the MCAI in the AD SUD, 747–200B, 747–200C, 747–200F, Department of Transportation, Docket docket on the Internet at http:// 747–300, 747–400, 747–400D, 747– Operations, M–30, West Building www.regulations.gov/#!documentDetail; 400F, 747SR, and 747SP series Ground Floor, Room W12–140, 1200 D=FAA-2013-0208-0002. (2) Service information identified in this airplanes. AD 2009–14–02 required New Jersey Avenue SE., Washington, AD that is not incorporated by reference may repetitive inspections for wear damage DC 20590. be obtained at the addresses specified in and cracks of the fuselage skin in the FOR FURTHER INFORMATION CONTACT: Bill paragraph (o)(3) and (o)(4) of this AD. interface area of the vertical stabilizer Ashforth, Aerospace Engineer, Airframe (o) Material Incorporated by Reference seal and fuselage skin, a detailed Branch, ANM–120S, FAA, Seattle inspection for wear damage and cracks Aircraft Certification Office (ACO), 1601 (1) The Director of the Federal Register of the surface of any skin repair doubler approved the incorporation by reference Lind Avenue SW., Renton, WA 98057– (IBR) of the service information listed in this in the area, and corrective actions if 3356; phone: 425–917–6432; fax: 425– paragraph under 5 U.S.C. 552(a) and 1 CFR necessary. For airplanes on which the 917–6590; email: [email protected]. fuselage skin has been blended to part 51. SUPPLEMENTARY INFORMATION: (2) You must use this service information remove wear damage, AD 2009–14–02 as applicable to do the actions required by also required repetitive external detailed Discussion this AD, unless the AD specifies otherwise. inspections or high frequency eddy (i) Airbus Service Bulletin A320–55–1034, We issued a notice of proposed current inspections for cracks of the rulemaking (NPRM) to amend 14 CFR including Appendices 1 and 2, dated August blended area of the fuselage skin, and 19, 2011. part 39 to supersede AD 2009–14–02, (ii) Airbus Service Bulletin A320–55–1042, corrective actions if necessary. This new Amendment 39–15951 (74 FR 30919, Revision 01, dated June 29, 2012. AD reduces the repetitive inspection June 29, 2009). AD 2009–14–02 applied (3) For service information identified in interval, changes certain corrective to the specified products. The NPRM this AD, contact Airbus, Airworthiness actions, and expands the applicability. published in the Federal Register on Office—EIAS, 1 Rond Point Maurice This AD was prompted by a report of July 3, 2013 (78 FR 40050). The NPRM Bellonte, 31707 Blagnac Cedex, France; wear through the fuselage skin that proposed to continue to require telephone +33 5 61 93 36 96; fax +33 5 61 occurred sooner than the previous 93 44 51; email account.airworth-eas@ repetitive inspections for wear damage repetitive inspection interval. We are and cracks of the fuselage skin in the airbus.com; Internet http://www.airbus.com. issuing this AD to detect and correct (4) You may view copies of the service interface area of the vertical stabilizer information at the FAA, Transport Airplane wear damage and cracks of the fuselage seal and fuselage skin, a detailed Directorate, 1601 Lind Avenue SW., Renton, skin in the interface area of the vertical inspection for wear damage and cracks WA. For information on the availability of stabilizer seal and fuselage skin in of the surface of any skin repair doubler this material at the FAA, call 425–227–1221. sections 46 and 48, which could cause in the area, and corrective actions if (5) You may view this service information in-flight depressurization of the necessary. For airplanes on which the that is incorporated by reference at the airplane. fuselage skin has been blended to National Archives and Records Administration (NARA). For information on DATES: This AD is effective February 10, remove wear damage, AD 2009–14–02 the availability of this material at NARA, call 2014. also required repetitive external detailed 202–741–6030, or go to: http:// The Director of the Federal Register inspections or high frequency eddy www.archives.gov/federal-register/cfr/ibr- approved the incorporation by reference current inspections for cracks of the locations.html. of certain publications listed in this AD blended area of the fuselage skin, and Issued in Renton, Washington, on as of February 10, 2014. corrective actions if necessary. That December 4, 2013. ADDRESSES: For service information NPRM also proposed to reduce the John P. Piccola, identified in this AD, contact Boeing repetitive inspection interval, change Acting Manager, Transport Airplane Commercial Airplanes, Attention: Data certain corrective actions, and expand Directorate, Aircraft Certification Service. & Services Management, P. O. Box 3707, the applicability. MC 2H–65, Seattle, WA 98124–2207; [FR Doc. 2013–31527 Filed 1–3–14; 8:45 am] Comments telephone 206–544–5000, extension 1; BILLING CODE 4910–13–P fax 206–766–5680; Internet https:// We gave the public the opportunity to www.myboeingfleet.com. You may view participate in developing this AD. The DEPARTMENT OF TRANSPORTATION this referenced service information at following presents the comments the FAA, Transport Airplane received on the proposal (78 FR 40050, Federal Aviation Administration Directorate, 1601 Lind Avenue SW., July 3, 2013) and the FAA’s response to Renton, WA. For information on the each comment. 14 CFR Part 39 availability of this material at the FAA, Request To Modify Paragraph Title call 425–227–1221. [Docket No. FAA–2013–0540; Directorate Boeing requested we revise the Identifier 2012–NM–185–AD; Amendment Examining the AD Docket terminating action title of paragraph (i) 39–17721; AD 2013–26–12] You may examine the AD docket on of the NPRM (78 FR 40050, July 3, 2013) RIN 2120–AA64 the Internet at http:// by removing the word ‘‘Optional.’’ www.regulations.gov by searching for Boeing stated that Boeing Alert Service Airworthiness Directives; The Boeing and locating Docket No. FAA–2013– Bulletin 747–53A2478, Revision 3, Company Airplanes 0540; or in person at the Docket dated October 17, 2011, specifies that if AGENCY: Federal Aviation Management Facility between 9 a.m. any crack is found or if wear damage is Administration (FAA), DOT. and 5 p.m., Monday through Friday, greater than the limit allowed, rub strips ACTION: Final rule. except Federal holidays. The AD docket must be installed in accordance with contains this AD, the regulatory Boeing Service Bulletin 747–53–2721, SUMMARY: We are superseding evaluation, any comments received, and Revision 2, dated March 17, 2011. Airworthiness Directive (AD) 2009–14– other information. The address for the Boeing commented that in this case, the 02 for certain The Boeing Company Docket Office (phone: 800–647–5527) is terminating action is not optional.

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We do not agree with the commenter’s changed paragraphs (i) and (j)(3) of this fleet and the practical aspects of an request. We agree that in cases where final rule to reference Boeing Service orderly inspection, repair, and any damage is found outside the limits Bulletin 747–53–2721, Revision 3, dated modification of the fleet during regular allowed by Boeing Alert Service June 25, 2013. maintenance periods. We have Bulletin 747–53A2478, Revision 3, We also have added Boeing Service considered the commenter’s request, dated October 17, 2011, rub strips are Bulletin 747–53–2721, Revision 2, dated and we have concluded that the required to be installed as described in March 17, 2011, to paragraph (k) of this proposed repetitive compliance times that service bulletin. final rule to provide credit for the remain appropriate. However, under the We disagree with removing the word actions specified in paragraph (i) of this provisions of paragraph (l) of this AD, ‘‘optional’’ in the title of paragraph (i) of final rule, if the corresponding actions we may consider requests for approval this final rule, because the current were performed before the effective date of an AMOC if sufficient data are wording in paragraphs (g) and (h) of this of this final rule using this service submitted to substantiate that an final rule requires the operators to do all bulletin. We revised paragraph (k) by alternative inspection plan would applicable corrective actions in adding subparagraphs (k)(2)(i) through provide an acceptable level of safety. accordance with, and at the compliance (iii). We have not changed this final rule in times specified in, Boeing Alert Service Request To Withdraw the NPRM (78 FR this regard. Bulletin 747–53A2478, Revision 3, 40050, July 3, 2013) dated October 17, 2011. This wording in Request for Clarification of Compliance paragraphs (g) and (h) of this final rule Qantas Airways Limited (QAN) Time requires installing rub strips as requested that we allow it to continue QAN requested clarification on the described in Boeing Service Bulletin with the inspection program mandated rate of wear damage and the compliance 747–53–2721, Revision 2, dated March in AD 2009–14–02, Amendment 39– times specified in the NPRM (78 FR 17, 2011, before further flight if the 15951 (74 FR 30919, June 29, 2009), as 40050, July 3, 2013). QAN noted that on damage is found to be outside the limits an alternative method of compliance the airplanes that have not started the permitted as described in the service (AMOC) to the actions specified in the inspections described in Boeing Alert repair manual (SRM). Paragraph (i) of NPRM (78 FR 40050, July 3, 2013). The Service Bulletin 747–53A2478, Revision this final rule is provided to give the FAA interprets this as a request to 2, dated July 15, 2010, the compliance operators the option to install the rub withdraw the NPRM and not supersede time for the initial inspection is 20,000 strips as described in Boeing Service AD 2009–14–02. QAN commented that total flight hours. QAN also noted that, Bulletin 747–53–2721, Revision 2, dated it understands the FAA’s concern over on the airplanes that have started the March 17, 2011, at any time. Doing the the report of wear damage at earlier inspections described in Boeing Alert installation of the rub strips in times than the AD 2009–14–02 Service Bulletin 747–53A2478, Revision accordance with Boeing Service Bulletin inspection mandates. QAN stated that 2, dated July 15, 2010, the initial 747–53–2721, Revision 2, dated March its fleet utilization and related extensive inspection compliance time is reduced 17, 2011, is a terminating action for the service experience with robust data to 2,000 or 3,000 flight hours, work given in Boeing Alert Service collection on repetitive inspection depending on the condition. QAN stated Bulletin 747–53A2478, Revision 3, results since the AD 2009–14–02 that, based on the inspection program in dated October 17, 2011, at the locations compliance period commenced support AD 2009–14–02, Amendment 39–15951 of the rub strip installation only. We the adequacy of the repetitive (74 FR 30919, June 29, 2009), it have not changed this final rule in this inspection interval of 7,500 flight hours understands that the rate at which the regard. in AD 2009–14–02. QAN also stated that wear damage develops is a primary minor wear damage in its fleet remains concern to the FAA. Requests To Reference Revised Service under SRM-allowable rework limits. We agree to clarify. We agree with Information and Add Credit for We do not agree with the commenter’s QAN that the AD 2009–14–02, Previous Actions request. The service and analytical data Amendment 39–15951 (74 FR 30919, Boeing and All Nippon Airways from the airplane manufacturer do not June 29, 2009), inspection program rate (ANA) requested we revise paragraphs support the request to keep the current at which the wear damage developed is (i) and (j)(3) of the NPRM (78 FR 40050, mandated repetitive inspection a primary concern because at least one July 3, 2013) to reference the latest thresholds required by AD 2009–14–02, operator has reported wear through the revision level of the referenced service Amendment 39–15951 (74 FR 30919, fuselage skin in less than 3,657 flight information, which is Boeing Service June 29, 2009). An operator has reported hours after a mandatory inspection, but Bulletin 747–53–2721, Revision 3, dated wear through the fuselage skin between before the specified repetitive June 25, 2013. body station (STA) 2598 and STA 2638, inspection interval of 7,500 flight hours Boeing requested we revise paragraph stringers S–2L to S–3L. The wear or 6,000 flight hours. However, we do (k)(2) of the NPRM (78 FR 40050, July developed in less than 3,657 flight not agree with the commenter that the 3, 2013) to give credit for actions done hours since the previous inspection, 20,000-total-flight-hour threshold is prior to the effective date of this AD which was less than the repetitive reduced. Rather, the initial inspection using Boeing Service Bulletin 747–53– inspection interval given in Boeing threshold of 2,000 flight hours is not a 2721, Revision 2, dated March 17, 2011. Alert Service Bulletin 747–53A2478, reduced threshold as the commenter We agree with the commenters’ Revision 2, dated July 15, 2010. The implied, but is instead a required time requests. Boeing Service Bulletin 747– wear occurred through both the Teflon- by which additional inspections must 53–2721, Revision 3, dated June 25, filled coating and the full thickness of resume if any inspection has already 2013, clarifies the post-modification and the 0.050-inch-thick skin to create a been accomplished. With the service post-repair inspection requirements and hole approximately 16 inches in length. and analytical data from the airplane transfers post-repair inspection In developing the compliance times manufacturer, a new repetitive instructions from the SRM and repair for this final rule, we considered not inspection program is required, as assessment guidelines to this service only the safety implications of the specified in Boeing Alert Service bulletin for airplanes that have the zone identified unsafe condition, but the Bulletin 747–53A2478, Revision 3, 1 full length repair installed. We have average utilization rate of the affected dated October 17, 2011. The compliance

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time depends on when operators have this final rule, to include Boeing Alert • Do not add any additional burden previously inspected their airplanes and Service Bulletin 747–53A2478, Revision upon the public than was already the condition of the fuselage skin. 3, dated October 17, 2011. proposed in the NPRM (78 FR 40050, We disagree with QAN that AD 2009– July 3, 2013). 14–02, Amendment 39–15951 (74 FR Conclusion We also determined that these 30919, June 29, 2009), has an adequate We reviewed the relevant data, mandated repetitive interval because considered the comments received, and changes will not increase the economic service history has shown defects determined that air safety and the burden on any operator or increase the reported before the AD 2009–14–02 public interest require adopting this AD scope of this AD. mandatory repetitive inspection with the changes described previously Costs of Compliance interval. We have not changed this final and minor editorial changes. We have rule in this regard. determined that these minor changes: We estimate that this AD affects 917 • Are consistent with the intent that airplanes of U.S. registry. Additional Change to This AD was proposed in the NPRM (78 FR We estimate the following costs to We have revised the Exceptions to 40050, July 3, 2013) for correcting the Service Information, paragraph (j)(3) of unsafe condition; and comply with this AD:

ESTIMATED COSTS

Action Labor cost Parts cost Cost per product Cost on U.S. operators

Inspection [actions retained from AD 2009–14– 12 work-hours × $85 $0 $1,020 ...... $935,340. 02, Amendment 39–15951 (74 FR 30919, per hour = $1,020. June 29, 2009)]. Inspection and application of BMS 10–86 Teflon- 8 work-hours × $85 per $0 $680 per inspection $623,560 per inspection filled coating [actions retained from AD 2009– hour = $680 per in- cycle. cycles. 14–02, Amendment 39–15951 (74 FR 30919, spection cycle. June 29, 2009)].

We have received no definitive data Regulatory Findings PART 39—AIRWORTHINESS that would enable us to provide cost DIRECTIVES estimates for the on-condition actions We have determined that this AD will specified in this AD. not have federalism implications under ■ 1. The authority citation for part 39 Executive Order 13132. This AD will continues to read as follows: According to the manufacturer, some not have a substantial direct effect on Authority: 49 U.S.C. 106(g), 40113, 44701. of the costs of this AD may be covered the States, on the relationship between under warranty, thereby reducing the the national government and the States, § 39.13 [Amended] cost impact on affected individuals. We or on the distribution of power and ■ 2. The FAA amends § 39.13 by do not control warranty coverage for responsibilities among the various removing Airworthiness Directive (AD) affected individuals. As a result, we levels of government. 2009–14–02, Amendment 39–15951 (74 have included all costs in our cost FR 30919, June 29, 2009), and adding estimate. For the reasons discussed above, I the following new AD: certify that this AD: Authority for This Rulemaking 2013–26–12 The Boeing Company: (1) Is not a ‘‘significant regulatory Amendment 39–17721; Docket No. Title 49 of the United States Code action’’ under Executive Order 12866, FAA–2013–0540; Directorate Identifier specifies the FAA’s authority to issue (2) Is not a ‘‘significant rule’’ under 2012–NM–185–AD. rules on aviation safety. Subtitle I, DOT Regulatory Policies and Procedures (a) Effective Date Section 106, describes the authority of (44 FR 11034, February 26, 1979), This AD is effective February 10, 2014. the FAA Administrator. Subtitle VII, (3) Will not affect intrastate aviation (b) Affected ADs Aviation Programs, describes in more in Alaska, and detail the scope of the Agency’s This AD supersedes AD 2009–14–02, (4) Will not have a significant Amendment 39–15951 (74 FR 30919, June authority. economic impact, positive or negative, 29, 2009). We are issuing this rulemaking under on a substantial number of small entities (c) Applicability the authority described in Subtitle VII, under the criteria of the Regulatory This AD applies to all The Boeing Part A, Subpart III, Section 44701, Flexibility Act. Company Model 747–100, 747–100B, 747– ‘‘General requirements.’’ Under that 100B SUD, 747–200B, 747–200C, 747–200F, section, Congress charges the FAA with List of Subjects in 14 CFR Part 39 747–300, 747–400, 747–400D, 747–400F, promoting safe flight of civil aircraft in 747SR, and 747SP series airplanes, Air transportation, Aircraft, Aviation air commerce by prescribing regulations certificated in any category. safety, Incorporation by reference, for practices, methods, and procedures Safety. (d) Subject the Administrator finds necessary for Air Transport Association (ATA) of safety in air commerce. This regulation Adoption of the Amendment America Code 53, Fuselage. is within the scope of that authority (e) Unsafe Condition because it addresses an unsafe condition Accordingly, under the authority that is likely to exist or develop on delegated to me by the Administrator, This AD was prompted by a report of wear through the fuselage skin that occurred products identified in this rulemaking the FAA amends 14 CFR part 39 as follows: sooner than the previous repetitive action. inspection interval. We are issuing this AD

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to detect and correct wear damage and cracks effective date of AD 2009–14–02, CFR 39.19. In accordance with 14 CFR 39.19, of the fuselage skin in the interface area of Amendment 39–15951 (74 FR 30919, June send your request to your principal inspector the vertical stabilizer seal and fuselage skin 29, 2009) is August 3, 2009. Doing the or local Flight Standards District Office, as in sections 46 and 48, which could cause in- installation of the rub strips in accordance appropriate. If sending information directly flight depressurization of the airplane. with Boeing Service Bulletin 747–53–2721, to the manager of the ACO, send it to the Revision 2, dated March 17, 2011, is a (f) Compliance attention of the person identified in terminating action for the work given in paragraph (m)(1) of this AD. Information may Comply with this AD within the Boeing Alert Service Bulletin 747–53A2478, be emailed to: 9–ANM-Seattle-ACO–AMOC- compliance times specified, unless already Revision 3, dated October 17, 2011, at the [email protected]. done. locations of the rub strip installation only. (2) Before using any approved AMOC, notify your appropriate principal inspector, (g) Repetitive Detailed Inspection (i) Optional Terminating Action or lacking a principal inspector, the manager At the applicable compliance time Installation of corrosion resistant steel of the local flight standards district office/ specified in paragraph 1.E., ’’Compliance,’’ of (CRES) rub strips in accordance with Boeing certificate holding district office. Boeing Alert Service Bulletin 747–53A2478, Service Bulletin 747–53–2721, Revision 3, (3) An AMOC that provides an acceptable Revision 3, dated October 17, 2011, except as dated June 25, 2013, except as specified in level of safety may be used for any repair specified in paragraph (j)(1) of this AD: Do paragraph (j)(3) of this AD, is terminating required by this AD if it is approved by the a detailed inspection of the fuselage skin and action for the inspections specified in Boeing Commercial Airplanes Organization any skin repair doubler surface for wear paragraphs (g) and (h) of this AD at the Designation Authorization (ODA) that has damage and cracking at the vertical stabilizer locations of the CRES rub strip installations been authorized by the Manager, Seattle seal interface, apply Boeing Material only. ACO, to make those findings. For a repair Specifications (BMS) 10–86 Teflon-filled method to be approved, the repair must meet coating, and do all applicable corrective (j) Exceptions to Service Information the certification basis of the airplane, and the actions, except as specified in paragraph (1) Where Boeing Alert Service Bulletin approval must specifically refer to this AD. (j)(2) of this AD, in accordance with the 747–53A2478, Revision 3, dated October 17, (4) Installation of CRES rub strips approved Accomplishment Instructions of Boeing Alert 2011, specifies a compliance time after the as AMOCs for AD 2009–14–02, Amendment Service Bulletin 747–53A2478, Revision 3, ‘‘Revision 3 date of this service bulletin,’’ this 39–15951 (74 FR 30919, June 29, 2009), are dated October 17, 2011. Do all applicable AD requires compliance within the specified approved as AMOCs for this AD. corrective actions at the applicable compliance time after the effective date of compliance time specified in paragraph 1.E., this AD. (m) Related Information ’’Compliance,’’ of Boeing Alert Service (2) Part 3 of the Accomplishment (1) For more information about this AD, Bulletin 747–53A2478, Revision 3, dated Instructions of Boeing Alert Service Bulletin contact Bill Ashforth, Aerospace Engineer, October 17, 2011. Repeat the detailed 747–53A2478, Revision 3, dated October 17, Airframe Branch, ANM–120S, FAA, Seattle inspection thereafter at intervals not to 2011, is not a requirement of this AD. Aircraft Certification Office (ACO), 1601 Lind exceed the applicable repetitive interval (3) Where Boeing Service Bulletin 747–53– Avenue SW., Renton, WA 98057–3356; specified in paragraph 1.E., ’’Compliance,’’ of 2721, Revision 3, dated June 25, 2013, and phone: 425–917–6432; fax: 425–917–6590; Boeing Alert Service Bulletin 747–53A2478, Boeing Alert Service Bulletin 747–53A2478, email: [email protected]. Revision 3, dated October 17, 2011, except as Revision 3, dated October 17, 2011, specify (2) Service information identified in this specified in paragraph (j)(2) of this AD. The to contact Boeing for a modification or for AD that is not incorporated by reference may effective date of AD 2009–14–02, instructions: Before further flight, contact the be obtained at the addresses specified in Amendment 39–15951 (74 FR 30919, June FAA for instructions using a method paragraph (n)(3) and (n)(4) of this AD. 29, 2009), is August 3, 2009. Doing the approved in accordance with the procedures installation of the rub strips in accordance specified in paragraph (l) of this AD, and (n) Material Incorporated by Reference with Boeing Service Bulletin 747–53–2721, accomplish those instructions. Revision 2, dated March 17, 2011, is a (1) The Director of the Federal Register terminating action for the work given in (k) Credit for Previous Actions approved the incorporation by reference Boeing Alert Service Bulletin 747–53A2478, (1) This paragraph provides credit for the (IBR) of the service information listed in this Revision 3, dated October 17, 2011, at the actions specified in paragraph (g) of this AD, paragraph under 5 U.S.C. 552(a) and 1 CFR locations of the rub strip installation only. if the corresponding actions were performed part 51. before the effective date of this AD using (2) You must use this service information (h) Repetitive High Frequency Eddy Current Boeing Alert Service Bulletin 747–53A2478, as applicable to do the actions required by (HFEC) Inspections Revision 1, dated March 27, 2008; or Boeing this AD, unless the AD specifies otherwise. For airplanes on which the skin is blended Service Bulletin 747–53A2478, Revision 2, (i) Boeing Alert Service Bulletin 747– forward of station 2360 without external dated July 15, 2010. This service information 53A2478, Revision 3, dated October 17, 2011. reinforcement: At the applicable compliance is not incorporated by reference in this AD. (ii) Boeing Service Bulletin 747–53–2721, time specified in Table 4 in paragraph 1.E., (2) This paragraph provides credit for the Revision 3, dated June 25, 2013. ’’Compliance,’’ of Boeing Alert Service actions specified in paragraph (i) of this AD, (3) For Boeing service information Bulletin 747–53A2478, Revision 3, dated if the corresponding actions were performed identified in this AD, contact Boeing October 17, 2011, do an external surface before the effective date of this AD using the Commercial Airplanes, Attention: Data & HFEC inspection of the blended area of the service bulletins specified in paragraph Services Management, P.O. Box 3707, MC fuselage skin and the surface of any repair (k)(2)(i), (k)(2)(ii), or (k)(2)(iii) of this AD. 2H–65, Seattle, WA 98124–2207; telephone doubler for cracks, apply BMS 10–86 Teflon- (i) Boeing Service Bulletin 747–53–2721, 206–544–5000, extension 1; fax 206–766– filled coating, and do all applicable dated May 28, 2009, which is not 5680; Internet https:// corrective actions, in accordance with the incorporated by reference in this AD. www.myboeingfleet.com. Accomplishment Instructions of Boeing Alert (ii) Boeing Service Bulletin 747–53–2721, (4) You may view this service information Service Bulletin 747–53A2478, Revision 3, Revision 1, dated June 24, 2010, which is not at FAA, Transport Airplane Directorate, 1601 dated October 17, 2011. Do all applicable incorporated by reference in this AD. Lind Avenue SW., Renton, WA. For corrective actions at the applicable (iii) Boeing Service Bulletin 747–53–2721, information on the availability of this compliance time specified in paragraph 1.E., Revision 2, dated March 17, 2011, which is material at the FAA, call 425–227–1221. ’’Compliance,’’ of Boeing Alert Service not incorporated by reference in this AD. (5) You may view this service information Bulletin 747–53A2478, Revision 3, dated that is incorporated by reference at the October 17, 2011. Repeat the HFEC (l) Alternative Methods of Compliance National Archives and Records inspection thereafter at intervals not to (AMOCs) Administration (NARA). For information on exceed the compliance time specified in (1) The Manager, Seattle Aircraft the availability of this material at NARA, call paragraph 1.E., ’’Compliance,’’ of Boeing Certification Office (ACO), FAA, has the 202–741–6030, or go to: http:// Alert Service Bulletin 747–53A2478, authority to approve AMOCs for this AD, if www.archives.gov/federal-register/cfr/ibr- Revision 3, dated October 17, 2011. The requested using the procedures found in 14 locations.html.

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Issued in Renton, Washington, on service information identified in this slides. You may examine the MCAI in December 20, 2013. AD, contact Goodrich Corporation, the AD docket on the Internet at Jeffrey E. Duven, Aircraft Interior Products, ATTN: http://www.regulations.gov/ Manager, Transport Airplane Directorate, Technical Publications, 3414 South #!documentDetail;D=FAA-2012-1108- Aircraft Certification Service. Fifth Street, Phoenix, Arizona 85040; 0002. [FR Doc. 2013–31312 Filed 1–3–14; 8:45 am] telephone 602–243–2270; email Comments BILLING CODE 4910–13–P [email protected]; Internet http://www.goodrich.com/TechPubs. We gave the public the opportunity to You may view this referenced service participate in developing this AD. We DEPARTMENT OF TRANSPORTATION information at the FAA, Transport considered the comments received. Airplane Directorate, 1601 Lind Avenue Federal Aviation Administration Request to Reference Newer Revisions SW., Renton, WA. For information on of Service Information the availability of this material at the 14 CFR Part 39 FAA, call 425–227–1221. Embraer requested that paragraphs (h), (j)(1)(i), and (j)(1)(ii) of the NPRM FOR FURTHER INFORMATION CONTACT: [Docket No. FAA–2012–1108; Directorate (77 FR 65144, October 25, 2012) Identifier 2011–NM–283–AD; Amendment Cindy Ashforth, Aerospace Engineer, 39–17700; AD 2013–25–04] reference newer revisions of the International Branch, ANM–116, maintenance review board reports. RIN 2120–AA64 Transport Airplane Directorate, FAA, These new revisions are EMBRAER 170/ 1601 Lind Avenue SW., Renton, WA 175 Maintenance Review Board Report, Airworthiness Directives; Embraer S.A. 98057–3356; telephone (425) 227–2768; MRB–1621, Revision 8, dated August Airplanes fax (425) 227–1149. 20, 2012; and EMBRAER 190/195 SUPPLEMENTARY INFORMATION: AGENCY: Federal Aviation Maintenance Review Board Report, Administration (FAA), Department of Discussion MRB–1928, Revision 6, dated August Transportation (DOT). 20, 2012. We issued a notice of proposed We agree to revise paragraph (h) of ACTION: Final rule. rulemaking (NPRM) to amend 14 CFR this final rule to also reference the part 39 by adding an AD that would SUMMARY: We are adopting a new newer revisions. However, paragraphs apply to the specified products. The (j)(1)(i) and (j)(1)(ii), along with airworthiness directive (AD) for certain NPRM was published in the Federal Embraer S.A. Model ERJ 170 and ERJ paragraphs (j)(1)(iii), (j)(1)(iv), and (j)(2) Register on October 25, 2012 (77 FR of the NPRM (77 FR 65144, October 25, 190 airplanes. This AD was prompted 65144). The NPRM proposed to correct by reports of failures of the emergency 2012), were removed from this final rule an unsafe condition for the specified and are identified in the Incorporation slide on the forward passenger door, products. The Ageˆncia Nacional de which prevented the door from opening. by Reference section (paragraph (k) of Aviac¸a˜o Civil (ANAC), which is the this final rule). This AD requires repetitive re-packing aviation authority for Brazil, has issued of certain forward door escape slides. Brazilian Airworthiness Directives Request To Add Alternative We are issuing this AD to prevent 2011–12–01 and 2011–12–02, both Maintenance Instructions for Model failure of the emergency slide, which effective December 27, 2011 (referred to ERJ 190–100 ECJ Airplanes can prevent the forward passenger door after this as the Mandatory Continuing Embraer requested that the NPRM (77 from opening, and which could result in Airworthiness Information, or ‘‘the FR 65144, October 25, 2012) reference impeded emergency evacuation and MCAI’’), to correct an unsafe condition Task 25–65–01–001, Emergency possible subsequent injury to passengers for the specified products. MCAI Evacuation Slide Assembly, in and flightcrew. Brazilian Airworthiness Directive 2011– EMBRAER Lineage 1000 Maintenance DATES: This AD becomes effective 12–01 states: Planning Guide, MPG–2928, Revision 3, February 10, 2014. During operational checks of escape slide P/ dated September 28, 2012 (for Model The Director of the Federal Register N [part number] 4A4030–5, some operators ERJ 190–100 ECJ airplanes), instead of approved the incorporation by reference have reported failure in the escape slide Section 1, ‘‘System and Powerplant of certain publications listed in this AD preventing the forward passenger door Maintenance Requirements,’’ of as of February 10, 2014. opening. This [Brazilian] AD is being issued EMBRAER 190 Maintenance Review ADDRESSES: You may examine the AD to prevent failure of this system which could Board Report, MRB–1928, Revision 5, docket on the Internet at http:// impede an emergency evacuation and dated November 11, 2010. Task 25–65– increase the chance of injury to passengers www.regulations.gov/ and flight crew. 01–001 of the EMBRAER 190/195 #!docketDetail;D=FAA-2012-1108; or in Maintenance Review Board Report, person at the U.S. Department of * * * * * MRB–1928, Revision 6, dated August Transportation, Docket Operations, M– MCAI Brazilian Airworthiness Directive 20, 2012; and Task 25–65–01–001 of 30, West Building Ground Floor, Room 2011–12–02 states: Section 1, ‘‘System and Powerplant W12–140, 1200 New Jersey Avenue SE., During scheduled deployment tests of escape Maintenance Requirements,’’ of Washington, DC. slide P/N 104003–2, some operators have EMBRAER 190 Maintenance Review For Embraer service information reported failure in the escape slide Board Report, MRB–1928, Revision 5, identified in this AD, contact Embraer preventing the forward passenger door dated November 11, 2010; are not S.A., Technical Publications Section (PC opening. This [Brazilian] AD is being issued applicable to the ERJ 190–100 ECJ 060), Av. Brigadeiro Faria Lima, 2170— to prevent failure of this system which could model. Putim—12227–901 Sa˜o Jose dos impede an emergency evacuation and We agree. Since operators of Model Campos—SP—BRASIL; telephone +55 increase the chance of injury to passengers ERJ 190–100 ECJ airplanes are not able and flight crew. 12 3927–5852 or +55 12 3309–0732; fax to comply with the requirements of this +55 12 3927–7546; email distrib@ * * * * * final rule using EMBRAER 190/195 embraer.com.br; Internet http:// The required action is repetitive re- Maintenance Review Board Reports, we www.flyembraer.com. For Goodrich packing of certain forward door escape have added paragraph (h)(2) to this final

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rule to allow those operators to use the on. However, operators should note that products identified in this rulemaking EMBRAER Lineage 1000 (ERJ 190–100 once the slide is 15 years old, the task action. ECJ) Maintenance Planning Guide specified in paragraph (h) of this final Regulatory Findings instead. This change does not expand rule currently requires that the slides be the scope of the NPRM (77 FR 65144, overhauled at intervals not to exceed 12 We determined that this AD will not October 25, 2012). months. We have not changed this final have federalism implications under Executive Order 13132. This AD will Request To Extend Repetitive Re- rule in this regard. not have a substantial direct effect on packing Interval Conclusion the States, on the relationship between US Airways requested that the We reviewed the available data, the national government and the States, repetitive re-packing interval in its including the comments received, and or on the distribution of power and current slide maintenance program be determined that air safety and the responsibilities among the various left at 36 months instead changing it to public interest require adopting this AD levels of government. the 18 months proposed in the NPRM with the changes described previously For the reasons discussed above, I (77 FR 65144, October 25, 2012). US and minor editorial changes. We have certify that this AD: Airways suggested a one-time re-pack determined that these changes: 1. Is not a ‘‘significant regulatory interval of 18 months and a repetitive • Are consistent with the intent that action’’ under Executive Order 12866; re-pack interval of 36 months; was proposed in the NPRM (77 FR 2. Is not a ‘‘significant rule’’ under the otherwise, the reduced interval would 65144, October 25, 2012) for correcting DOT Regulatory Policies and Procedures add extensive work-hours and cost to the unsafe condition; and (44 FR 11034, February 26, 1979); change to and maintain an 18-month • Do not add any additional burden repetitive re-pack interval. 3. Will not affect intrastate aviation in We disagree with the requested upon the public than was already Alaska; and change. To allow a 36-month repetitive proposed in the NPRM (77 FR 65144, 4. Will not have a significant re-pack interval instead of an 18-month October 25, 2012). economic impact, positive or negative, re-pack interval would defeat/ Costs of Compliance on a substantial number of small entities counteract the intent of this AD. Over under the criteria of the Regulatory time, the slide can develop a ‘‘set’’ We estimate that this AD affects 235 Flexibility Act. products of U.S. registry. We also position, which prevents the slide from Examining the AD Docket properly deploying in an emergency. estimate that it will take about 2 work- Re-packing at the reduced interval of 18 hours per product to comply with the You may examine the AD docket on months is intended to prevent the ‘‘set’’ basic requirements of this AD. The the Internet at http:// and improves reliability of the slide in average labor rate is $85 per work-hour. www.regulations.gov/ an emergency. We have not changed Required parts will cost between $435 #!docketDetail;D=FAA-2012-1108; or in this final rule in this regard. and $542 per product. Where the service person at the Docket Management information lists required parts costs Facility between 9 a.m. and 5 p.m., Request To Allow Credit for Previously that are covered under warranty, we Monday through Friday, except Federal Re-packed Slides have assumed that there will be no holidays. The AD docket contains this US Airways requested a time charge for these parts. As we do not AD, the regulatory evaluation, any allowance for slides that have been control warranty coverage for affected comments received, and other previously re-packed using the parties, some parties may incur costs information. The street address for the Goodrich service information. US higher than estimated here. Based on Docket Operations office (telephone Airways stated that regardless if its these figures, we estimate the cost of (800) 647–5527) is in the ADDRESSES slides have been re-packed, the 18- this AD to U.S. operators to be between section. $153,065 and $180,136, or $605 and month requirement is enforced. US List of Subjects in 14 CFR Part 39 Airways requested that those slides that $712 per product. Air transportation, Aircraft, Aviation have been previously re-packed using Authority for This Rulemaking the applicable Goodrich service safety, Incorporation by reference, information be exempt from the 18- Title 49 of the United States Code Safety. specifies the FAA’s authority to issue month re-packing requirement and be Adoption of the Amendment allowed to enter the repetitive rules on aviation safety. Subtitle I, maintenance schedule at the 36-month section 106, describes the authority of Accordingly, under the authority overhaul interval. the FAA Administrator. ‘‘Subtitle VII: delegated to me by the Administrator, We disagree. As explained in the Aviation Programs,’’ describes in more the FAA amends 14 CFR part 39 as comment response to ‘‘Request to detail the scope of the Agency’s follows: Extend Repetitive Re-packing Interval,’’ authority. the intent of this AD is to prevent ‘‘set’’ We are issuing this rulemaking under PART 39—AIRWORTHINESS by re-packing the slide at 18-month the authority described in ‘‘Subtitle VII, DIRECTIVES intervals instead of only at the 36-month Part A, Subpart III, Section 44701: ■ maintenance overhaul. Paragraphs (g) General requirements.’’ Under that 1. The authority citation for part 39 and (h) of this AD specify that re- section, Congress charges the FAA with continues to read as follows: packing must be done at least every 18 promoting safe flight of civil aircraft in Authority: 49 U.S.C. 106(g), 40113, 44701. months, but accomplishing an overhaul air commerce by prescribing regulations § 39.13 [Amended] instead is also acceptable since the for practices, methods, and procedures overhaul process includes re-packing the Administrator finds necessary for ■ 2. The FAA amends § 39.13 by adding the slide. An operator could choose to safety in air commerce. This regulation the following new AD: re-pack the slide at 18 months, overhaul is within the scope of that authority 2013–25–04 Embraer S.A.: Amendment 39– the slide at 36 months, re-pack at 54 because it addresses an unsafe condition 17700. Docket No. FAA–2012–1108; months, overhaul at 72 months, and so that is likely to exist or develop on Directorate Identifier 2011–NM–283–AD.

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(a) Effective Date (h)(3) of this AD, is acceptable for (IBR) of the service information listed in this This airworthiness directive (AD) becomes compliance with any re-pack required by paragraph under 5 U.S.C. 552(a) and 1 CFR effective February 10, 2014. paragraph (g) of this AD. part 51. (1) For Model ERJ 170 airplanes: (2) You must use this service information (b) Affected ADs EMBRAER 170/175 Maintenance Review as applicable to do the actions required by None. Board Report, MRB–1621, Revision 8, dated this AD, unless the AD specifies otherwise. August 20, 2012; or Section 1, ‘‘System and (i) Goodrich Alert Service Bulletin 104003– (c) Applicability Powerplant Maintenance Requirements,’’ of 25A403, dated June 30, 2011. This AD applies to the airplanes identified EMBRAER 170 Maintenance Review Board (ii) Goodrich Alert Service Bulletin in paragraphs (c)(1) and (c)(2) of this AD, Report, MRB–1621, Revision 7, dated 4A4030–25A402, dated June 30, 2011. certificated in any category. November 11, 2010. (iii) Task 25–65–01–001, ‘‘Emergency (1) Embraer S.A. Model ERJ 170–100 LR, (2) For Model ERJ 190–100 ECJ airplanes: Evacuation Slide Assembly,’’ of Section 1, –100 STD, –100 SE., and –100 SU airplanes; EMBRAER Lineage 1000 Maintenance ‘‘System and Powerplant Maintenance and Model ERJ 170–200 LR, –200 SU, and Planning Guide, MPG–2928, Revision 3, Requirements,’’ of EMBRAER 170 -200 STD airplanes; equipped with Goodrich dated September 28, 2012. Maintenance Review Board Report, MRB– escape slides having part number (P/N) (3) For Model ERJ 190–100 STD, –100 LR, 1621, Revision 7, dated November 11, 2010. 4A4030–5. and –100 IGW airplanes; and Model ERJ 190– (iv) Task 25–65–01–001, ‘‘Emergency 200 STD, –200 LR, and –200 IGW airplanes: (2) Embraer S.A. Model ERJ 190–100 STD, Evacuation Slide Assembly,’’ of EMBRAER EMBRAER 190/195 Maintenance Review –100 LR, –100 ECJ, and –100 IGW airplanes; 170/175 Maintenance Review Board Report, Board Report, MRB–1928, Revision 6, dated and Model ERJ 190–200 STD, –200 LR, and MRB–1621, Revision 8, dated August 20, August 20, 2012; or Section 1, ‘‘System and –200 IGW airplanes; equipped with Goodrich 2012. Powerplant Maintenance Requirements,’’ of escape slides having P/N 104003–2. (v) Task 25–65–01–001, ‘‘Emergency EMBRAER 190 Maintenance Review Board (d) Subject Report, MRB–1928, Revision 5, dated Evacuation Slide Assembly,’’ of Section 1, ‘‘System and Powerplant Maintenance Air Transport Association (ATA) of November 11, 2010. Requirements,’’ of EMBRAER 190 America Code 25; Equipment/Furnishings. (i) Other FAA AD Provisions Maintenance Review Board Report, MRB– (e) Reason The following provisions also apply to this 1928, Revision 5, dated November 11, 2010. This AD was prompted by reports of AD: (vi) Task 25–65–01–001, ‘‘Emergency failures of the emergency slide on the (1) Alternative Methods of Compliance Evacuation Slide Assembly,’’ of EMBRAER forward passenger door, which prevented the (AMOCs): The Manager, International 190/195 Maintenance Review Board Report, door from opening. We are issuing this AD Branch, ANM–116, Transport Airplane MRB–1928, Revision 6, dated August 20, to prevent failure of the emergency slide, Directorate, FAA, has the authority to 2012. which can prevent the forward passenger approve AMOCs for this AD, if requested (vii) Task 25–65–01–001, ‘‘Emergency door from opening, and which could result using the procedures found in 14 CFR 39.19. Evacuation Slide Assembly,’’ of EMBRAER in impeded emergency evacuation and In accordance with 14 CFR 39.19, send your Lineage 1000 Maintenance Planning Guide, possible subsequent injury to passengers and request to your principal inspector or local MPG–2928, Revision 3, dated September 28, flightcrew. Flight Standards District Office, as 2012. appropriate. If sending information directly (3) For Embraer service information (f) Compliance to the International Branch, send it to ATTN: identified in this AD, contact Embraer S.A., You are responsible for having the actions Cindy Ashforth, Aerospace Engineer, Technical Publications Section (PC 060), Av. required by this AD performed within the International Branch, ANM–116, Transport Brigadeiro Faria Lima, 2170—Putim—12227– compliance times specified, unless the Airplane Directorate, FAA, 1601 Lind 901 Sa˜o Jose dos Campos—SP—BRASIL; actions have already been done. Avenue SW., Renton, WA 98057–3356; telephone +55 12 3927–5852 or +55 12 3309– telephone (425) 227–2768; fax (425) 227– 0732; fax +55 12 3927–7546; email distrib@ (g) Repetitive Re-Packing of the Escape Slide 1149. Information may be emailed to: 9- embraer.com.br; Internet http:// At the applicable compliance times [email protected]. www.flyembraer.com. identified in paragraphs (g)(1) and (g)(2) of Before using any approved AMOC, notify (4) For Goodrich service information this AD, re-pack the forward door escape your appropriate principal inspector, or identified in this AD, contact Goodrich slide in accordance with the lacking a principal inspector, the manager of Corporation, Aircraft Interior Products, Accomplishment Instructions of Goodrich the local flight standards district office/ ATTN: Technical Publications, 3414 South Alert Service Bulletin 4A4030–25A402, certificate holding district office. The AMOC Fifth Street, Phoenix, Arizona 85040; dated June 30, 2011 (for Model ERJ 170 approval letter must specifically reference telephone 602–243–2270; email airplanes); or Goodrich Alert Service Bulletin this AD. [email protected]; Internet 104003–25A403, dated June 30, 2011 (for (2) Airworthy Product: For any requirement http://www.goodrich.com/TechPubs. Model ERJ 190 airplanes). Repeat the re- in this AD to obtain corrective actions from (5) You may view this service information packing thereafter at intervals not to exceed a manufacturer or other source, use these at the FAA, Transport Airplane Directorate, 18 months. actions if they are FAA-approved. Corrective 1601 Lind Avenue SW., Renton, WA. For (1) For escape slides that have not been actions are considered FAA-approved if they information on the availability of this repacked as of the effective date of this AD: are approved by the State of Design Authority material at the FAA, call 425–227–1221. Within 18 months after date of manufacture (or their delegated agent). You are required (6) You may view this service information of the escape slide or within 6 months after to assure the product is airworthy before it that is incorporated by reference at the the effective date of this AD, whichever is returned to service. National Archives and Records occurs later. (j) Related Information Administration (NARA). For information on (2) For escape slides that have been the availability of this material at NARA, call repacked as of the effective date of this AD: Refer to Mandatory Continuing 202–741–6030, or go to: http:// Within 18 months after the last re-pack of the Airworthiness Information (MCAI) Brazilian www.archives.gov/federal-register/cfr/ibr- escape slide or within 6 months after the Airworthiness Directives 2011–12–01 and locations.html. effective date of this AD, whichever occurs 2011–12–02, both effective December 27, later. 2011, for related information. The MCAI can Issued in Renton, Washington, on be found in the AD docket on the Internet at December 4, 2013. (h) Method of Compliance http://www.regulations.gov/ John P. Piccola, Accomplishing an overhaul of the escape #!documentDetail;D=FAA-2012-1108-0002. Acting Manager, Transport Airplane slide as specified in Task 25–65–01–001, Directorate, Aircraft Certification Service. ‘‘Emergency Evacuation Slide Assembly,’’ of (k) Material Incorporated by Reference the applicable maintenance document (1) The Director of the Federal Register [FR Doc. 2013–31450 Filed 1–3–14; 8:45 am] identified in paragraphs (h)(1), (h)(2), and approved the incorporation by reference BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION SW., Renton, WA. For information on #!documentDetail;D=FAA-2013-0467- the availability of this material at the 0002. Federal Aviation Administration FAA, call 425–227–1221. Comments FOR FURTHER INFORMATION CONTACT: 14 CFR Part 39 Sanjay Ralhan, Aerospace Engineer, We gave the public the opportunity to participate in developing this AD. We [Docket No. FAA–2013–0467; Directorate International Branch, ANM–116, Identifier 2013–NM–023–AD; Amendment Transport Airplane Directorate, FAA, considered the comment received. 39–17716; AD 2013–26–07] 1601 Lind Avenue SW., Renton, WA Request for Identification Change RIN 2120–AA64 98057–3356; telephone (425) 227–1405; fax (425) 227–1149. United Airlines (UAL) requested that the modification be recorded at the part SUPPLEMENTARY INFORMATION: Airworthiness Directives; Airbus number level, instead of the serial Airplanes Discussion number level. UAL explained that re- AGENCY: Federal Aviation We issued a notice of proposed identifying the post-modification Administration (FAA), Department of rulemaking (NPRM) to amend 14 CFR window at the serial number level only Transportation (DOT). part 39 to include an AD that would will potentially lead to de-modification of the window, which could result in ACTION: Final rule. apply to the specified products. The NPRM published in the Federal the unsafe condition identified in the SUMMARY: We are adopting a new Register on July 3, 2013 (78 FR 40057). NPRM (78 FR 40057, July 3, 2013). UAL airworthiness directive (AD) for all The NPRM proposed to correct an reasoned that re-identifying the window Airbus Model A318, A319, A320, and unsafe condition for the specified at the part number level would better A321 series airplanes. This AD was products. allow operators to manage the post-AD prompted by reports of certain sliding The European Aviation Safety Agency configuration. windows that were difficult to operate (EASA), which is the Technical Agent UAL provided further substantiation after landing. This AD requires a for the Member States of the European to add the ‘‘M’’ to the part number detailed inspection to identify part Community, has issued EASA instead of the serial number during a numbers of sliding windows and sliding Airworthiness Directive 2013–0011, teleconference with us during the week window seals, and modification if dated January 15, 2013 (referred to after of September 23, 2013. UAL’s reason for necessary. This AD also includes an this as the Mandatory Continuing adding the ‘‘M’’ to the part number is optional replacement. We are issuing Airworthiness Information, or ‘‘the related to the convenience/preference of this AD to detect and correct incorrect MCAI’’), to correct an unsafe condition UAL maintenance practices. We disagree with the request to seals, which could lead to the functional for the specified products. The MCAI require recording the modification at the loss of the sliding window as an exit, states: possibly preventing the flightcrew from part number level. After coordinating Several occurrences have been reported on with Airbus, we have determined that safely evacuating the airplane during an A320 family aeroplanes of PPG sliding emergency. adding ‘‘M’’ to the serial number will windows that were difficult to operate after prevent installation of unsafe sliding DATES: This AD becomes effective landing. February 10, 2014. The investigation results revealed that window part numbers without changing The Director of the Federal Register when a seal having Part Number (P/N) 22– the part number configuration and approved the incorporation by reference 17–7640–1 or P/N 22–17–7640–2 is installed associated administrative processes to of certain publications listed in this AD on a sliding window, closure of the window change part numbers. However, we have as of February 10, 2014. can create a vacuum between the 2 tubes of revised paragraph (h) of this final rule the pressure seal, leading to the window to include phrasing to clarify and to ADDRESSES: You may examine the AD remaining stuck to the frame on the fuselage allow for modification to be recorded at on the Internet at http:// side, due to suction effect. the serial number level of the affected www.regulations.gov/ This condition, if not detected and part number. #!docketDetail;D=FAA-2013-0467; or in corrected, could lead to the functional loss of person at the U.S. Department of the sliding window as an exit, possibly Conclusion preventing the flight crew from safely Transportation, Docket Operations, M– We reviewed the available data, 30, West Building Ground Floor, Room evacuating the aeroplane during an emergency. including the comment received, and W12–140, 1200 New Jersey Avenue SE., For the reasons described above, this determined that air safety and the Washington, DC. [EASA] AD requires a one-time detailed public interest require adopting this AD For Airbus service information inspection (DI) of the sliding windows and with the change described previously identified in this AD, contact Airbus, its seal to identify the affected sliding and minor editorial changes. We have Airworthiness Office—EIAS, 1 Rond window seals and, depending on findings, determined that these changes: Point Maurice Bellonte, 31707 Blagnac accomplishment of the applicable corrective • Are consistent with the intent that Cedex, France; telephone +33 5 61 93 36 actions [corrective action includes a was proposed in the NPRM (78 FR modification or replacement]. 96; fax +33 5 61 93 44 51; email 40057, July 3, 2013) for correcting the [email protected]; The subject area on certain Airbus unsafe condition; and Internet http://www.airbus.com. For Model A318, A319, and A321 series • Do not add any additional burden PPG Aerospace service information airplanes is almost identical to that on upon the public than was already identified in this AD, contact PPG the affected Model A320 series proposed in the NPRM (78 FR 40057, Aerospace, 12780 San Fernando Road, airplanes. Therefore, those Model A318, July 3, 2013). Sylmar, CA 91342; telephone 818–362– A319, and A321 series airplanes may be 6711; fax 818–362–0603; Internet http:// subject to the unsafe condition revealed Costs of Compliance corporateportal.ppg.com/na/aerospace. on the Model A320 series airplanes. You Based on the service information, we You may view this referenced service may examine the MCAI in the AD estimate that this AD affects about 851 information at the FAA, Transport docket on the Internet at http:// products of U.S. registry. We also Airplane Directorate, 1601 Lind Avenue www.regulations.gov/ estimate that it will take about 3 work-

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hours per product to comply with the 0002; or in person at the Docket (g) Inspection basic requirements of this AD. The Operations office between 9 a.m. and 5 Within 750 flight cycles or 750 flight hours average labor rate is $85 per work-hour. p.m., Monday through Friday, except or 4 months after the effective date of this Based on these figures, we estimate the Federal holidays. The AD docket AD, whichever occurs first: Do a detailed cost of this AD on U.S. operators to be contains this AD, the regulatory inspection to identify part numbers (P/Ns) of $217,005, or $255 per product. evaluation, any comments received, and each window and seal of the left-hand (LH) In addition, we estimate that any other information. The street address for and right-hand (RH) sliding windows and necessary follow-on actions will take sliding window seals, in accordance with the the Docket Operations office (telephone Accomplishment Instructions of Airbus about 1 work-hour and require parts (800) 647–5527) is in the ADDRESSES Service Bulletin A320–56–1016, including costing $0, for a cost of $85 per product. section. Appendices 01 and 02, dated September 14, We have no way of determining the List of Subjects in 14 CFR Part 39 2012. A review of airplane maintenance number of products that may need these records is acceptable in lieu of this actions. Air transportation, Aircraft, Aviation inspection if the part number of the window safety, Incorporation by reference, and seal of the LH and RH sliding windows Authority for This Rulemaking Safety. and sliding window seals can be Title 49 of the United States Code conclusively determined from that review. Adoption of the Amendment specifies the FAA’s authority to issue (h) Modification rules on aviation safety. Subtitle I, Accordingly, under the authority If a sliding window part number identified section 106, describes the authority of delegated to me by the Administrator, in table 1 to paragraph (h) of this AD is found the FAA Administrator. ‘‘Subtitle VII: the FAA amends 14 CFR part 39 as during the inspection required by paragraph Aviation Programs,’’ describes in more follows: (g) of this AD; and the serial number of the detail the scope of the Agency’s part does not have the modification authority. PART 39—AIRWORTHINESS amendment letter ‘‘M,’’ and does have sliding We are issuing this rulemaking under DIRECTIVES window seals having P/N 22–17–7640–1 or the authority described in ‘‘Subtitle VII, P/N 22–17–7640–2 installed: Within the ■ Part A, Subpart III, Section 44701: 1. The authority citation for part 39 compliance time specified in paragraph (g) of General requirements.’’ Under that continues to read as follows: this AD, modify the sliding window seal (which includes adding the letter ‘‘M’’ to section, Congress charges the FAA with Authority: 49 U.S.C. 106(g), 40113, 44701. serial number of the affected part), in promoting safe flight of civil aircraft in § 39.13 [Amended] accordance with the Accomplishment air commerce by prescribing regulations Instructions of Airbus Service Bulletin A320– ■ for practices, methods, and procedures 2. The FAA amends § 39.13 by adding 56–1015, dated September 14, 2012. the Administrator finds necessary for the following new AD: safety in air commerce. This regulation 2013–26–07 Airbus: Amendment 39–17716. TABLE 1 TO PARAGRAPH (h) OF THIS is within the scope of that authority Docket No. FAA–2013–0467; Directorate AD—AFFECTED PPG AEROSPACE because it addresses an unsafe condition Identifier 2013–NM–023–AD. SLIDING WINDOW PART NUMBERS that is likely to exist or develop on (a) Effective Date products identified in this rulemaking This airworthiness directive (AD) becomes Left-hand Right-hand action. effective February 10, 2014. NP165312–1 NP165312–2 Regulatory Findings (b) Affected ADs NP165312–3 NP165312–4 We determined that this AD will not None. NP165312–5 NP165312–6 have federalism implications under NP165312–7 NP165312–8 (c) Applicability Executive Order 13132. This AD will NP165312–9 NP165312–10 NP165312–11 NP165312–12 not have a substantial direct effect on This AD applies to Airbus Model A318– the States, on the relationship between 111, –112, –121, and –122 airplanes; Model A319–111, –112, –113, –114, –115, –131, (i) Optional Replacement the national government and the States, –132, and –133 airplanes; Model A320–111, For sliding windows identified as affected or on the distribution of power and –211, –212, –214, –231, –232, and –233 responsibilities among the various in paragraph (h) of this AD, replacement of airplanes; and Model A321–111, –112, –131, a sliding window seal having P/N 22–17– levels of government. –211, –212, –213, –231, and –232 airplanes; 7640–1 L/H or P/N 22–17–7640–2 R/H with For the reasons discussed above, I certificated in any category; all manufacturer a seal having P/N 22–17–7640–3 L/H or P/ certify that this AD: serial numbers. N 22–17–7640–4 R/H, respectively, in 1. Is not a ‘‘significant regulatory (d) Subject accordance with a method approved by action’’ under Executive Order 12866; either the Manager, International Branch, 2. Is not a ‘‘significant rule’’ under the Air Transport Association (ATA) of ANM–116, Transport Airplane Directorate, DOT Regulatory Policies and Procedures America Code 56, Windows. FAA, or the European Aviation Safety (44 FR 11034, February 26, 1979); (e) Reason Agency (EASA) (or its delegated agent), is an acceptable alternative method of compliance 3. Will not affect intrastate aviation in This AD was prompted by reports of with the modification required by paragraph Alaska; and certain sliding windows that were difficult to (h) of this AD. 4. Will not have a significant operate after landing. We are issuing this AD economic impact, positive or negative, to detect and correct incorrect seals, which Note 1 to paragraph (i) of this AD: on a substantial number of small entities could lead to the functional loss of the Guidance for replacement of a sliding sliding window as an exit, possibly window seal can be found in Page Block 401 under the criteria of the Regulatory of Sub-section 56–12–11 of the Airbus A318/ Flexibility Act. preventing the flightcrew from safely evacuating the airplane during an emergency. A319/A320/A321 Aircraft Maintenance Examining the AD Docket Manual. (f) Compliance You may examine the MCAI in the You are responsible for having the actions (j) Exceptions to Requirements of Paragraphs AD docket on the Internet at http:// required by this AD performed within the (g) and (h) of This AD www.regulations.gov/ compliance times specified, unless the (1) Airplanes on which Airbus #!documentDetail;D=FAA-2013-0467- actions have already been done. Modification 153512 (installation of sliding

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window with P/N NP165312–13 and P/N on the Internet at http:// The Boeing Company Model 737–600, NP165312–14 with improved seal) or www.regulations.gov/ –700, –700C, –800, and –900 series Modification 153534 (installation of sliding #!documentDetail;D=FAA-2013-0467-0002. airplanes. This AD was prompted by window with P/N NP165312–11 and P/N NP165312–12 with amendment M) has been (n) Material Incorporated by Reference reports of arcing and smoke at the left embodied in production are not affected by (1) The Director of the Federal Register number 2 window in the flight deck. the requirements of paragraphs (g) and (h) of approved the incorporation by reference This AD requires inspecting the this AD, provided that no sliding window or (IBR) of the service information listed in this orientation of both sides of the coil cord sliding window seal has been replaced since paragraph under 5 U.S.C. 552(a) and 1 CFR connector keyways of the number 2 first flight. part 51. windows on the flight deck; re-clocking (2) Airplanes on which Airbus (2) You must use this service information the connector keyways, if necessary; Modification 39587 (installation of affected as applicable to do the actions required by seal on PPG Aerospace sliding windows) has this AD, unless this AD specifies otherwise. and replacing the coil cord assemblies not been embodied in production are not (i) Airbus Service Bulletin A320–56–1015, on both number 2 windows on the flight affected by the requirements of paragraphs (g) dated September 14, 2012. deck. We are issuing this AD to prevent and (h) of this AD, provided that no sliding (ii) Airbus Service Bulletin A320–56–1016, arcing, smoke, and fire in the flight window or sliding window seal has been including Appendices 01 and 02, dated deck, which could lead to injuries to or replaced since first flight. September 14, 2012. incapacitation of the flightcrew. (iii) PPG Aerospace Service Bulletin (k) Parts Installation Limitation 165312–56–001, dated February 29, 2012. DATES: This AD is effective February 10, As of the effective date of this AD, no (3) For Airbus service information 2014. person may install on any airplane any PPG identified in this AD, contact Airbus, Aerospace sliding window with a part Airworthiness Office—EIAS, 1 Rond Point The Director of the Federal Register number listed in table 1 to paragraph (h) of Maurice Bellonte, 31707 Blagnac Cedex, approved the incorporation by reference this AD with a seal having P/N 22–17–7640– France; telephone +33 5 61 93 36 96; fax +33 of certain publications listed in this AD 1 or P/N 22–17–7640–2, unless the seal has 5 61 93 44 51; email account.airworth-eas@ as of February 10, 2014. been modified in accordance with the airbus.com; Internet http://www.airbus.com. Accomplishment Instructions of Airbus (4) For PPG Aerospace service information ADDRESSES: For service information Service Bulletin A320–56–1015, dated identified in this AD, contact PPG Aerospace, identified in this AD, contact Boeing September 14, 2012; or PPG Aerospace 12780 San Fernando Road, Sylmar, CA Commercial Airplanes, Attention: Data Service Bulletin 165312–56–001, dated 91342; telephone 818–362–6711; fax 818– & Services Management, P.O. Box 3707, February 29, 2012. 362–0603; Internet http:// corporateportal.ppg.com/na/aerospace. MC2H–65, Seattle, WA 98124–2207; (l) Other FAA AD Provisions (5) You may view this service information telephone 206–544–5000, extension 1; The following provisions also apply to this at the FAA, Transport Airplane Directorate, fax 206–766–5680; Internet https:// AD: 1601 Lind Avenue SW., Renton, WA. For www.myboeingfleet.com. You may view (1) Alternative Methods of Compliance information on the availability of this this service information at the FAA, (AMOCs): The Manager, International material at the FAA, call 425–227–1221. Transport Airplane Directorate, 1601 Branch, ANM–116, Transport Airplane (6) You may view this service information Lind Avenue SW., Renton, WA. For Directorate, FAA, has the authority to that is incorporated by reference at the National Archives and Records information on the availability of this approve AMOCs for this AD, if requested material at the FAA, call 425–227–1221. using the procedures found in 14 CFR 39.19. Administration (NARA). For information on In accordance with 14 CFR 39.19, send your the availability of this material at NARA, call Examining the AD Docket request to your principal inspector or local 202–741–6030, or go to: http:// Flight Standards District Office, as www.archives.gov/federal-register/cfr/ibr- You may examine the AD docket on locations.html. appropriate. If sending information directly the Internet at http:// to the International Branch, send it to ATTN: Issued in Renton, Washington, on www.regulations.gov by searching for Sanjay Ralhan, Aerospace Engineer, December 20, 2013. and locating Docket No. FAA–2011– International Branch, ANM–116, Transport Jeffrey E. Duven, Airplane Directorate, FAA, 1601 Lind 0032; or in person at the Docket Avenue SW., Renton, WA 98057–3356; Manager, Transport Airplane Directorate, Management Facility between 9 a.m. telephone (425) 227–1405; fax (425) 227– Aircraft Certification Service. and 5 p.m., Monday through Friday, 1149. Information may be emailed to: 9- [FR Doc. 2013–31313 Filed 1–3–14; 8:45 am] except Federal holidays. The AD docket [email protected]. BILLING CODE 4910–13–P contains this AD, the regulatory Before using any approved AMOC, notify evaluation, any comments received, and your appropriate principal inspector, or other information. The address for the lacking a principal inspector, the manager of DEPARTMENT OF TRANSPORTATION the local flight standards district office/ Docket Office (phone: 800–647–5527) is Docket Management Facility, U.S. certificate holding district office. The AMOC Federal Aviation Administration approval letter must specifically reference Department of Transportation, Docket Operations, M–30, West Building this AD. 14 CFR Part 39 (2) Airworthy Product: For any requirement Ground Floor, Room W12–140, 1200 in this AD to obtain corrective actions from [Docket No. FAA–2011–0032; Directorate New Jersey Avenue SE., Washington, a manufacturer or other source, use these Identifier 2010–NM–236–AD; Amendment DC 20590. actions if they are FAA-approved. Corrective 39–17717; AD 2013–26–08] actions are considered FAA-approved if they FOR FURTHER INFORMATION CONTACT: are approved by the State of Design Authority RIN 2120–AA64 Louis Natsiopoulos, Aerospace (or their delegated agent). You are required Engineer, Systems and Equipment to assure the product is airworthy before it Airworthiness Directives; the Boeing Company Airplanes Branch, ANM–130S, FAA, Seattle is returned to service. Aircraft Certification Office (ACO), 1601 (m) Related Information AGENCY: Federal Aviation Lind Avenue SW., Renton, WA 98057– Refer to Mandatory Continuing Administration (FAA), DOT. 3356; phone: 425–917–6478; fax: 425– Airworthiness Information (MCAI) EASA ACTION: Final rule. 917–6590; email: Elias.Natsiopoulos@ Airworthiness Directive 2013–0011, dated faa.gov. January 15, 2013, for related information. SUMMARY: We are adopting a new This MCAI may be found in the AD docket airworthiness directive (AD) for certain SUPPLEMENTARY INFORMATION:

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Discussion 41931, July 17, 2012), but requested that reference and adds improved figure We issued a supplemental notice of we allow the removal of power by work instructions. opening circuit breakers in Step B.1., of proposed rulemaking (SNPRM) to Request To Allow Re-installation of Part 1, of the Work Instructions in amend 14 CFR part 39 by adding an AD Coil Cords that would apply to the specified Boeing Special Attention Service AAL requested that we allow products. The SNPRM published in the Bulletin 737–30–1058, Revision 4, dated retention and re-installation of coil Federal Register on July 17, 2012 (77 FR November 3, 2011. AAL stated that cords if they are the new part number 41931). We preceded the SNPRM with removal of power by opening circuit and no damage is found on them during a notice of proposed rulemaking breakers is allowed in Step B.1.(b)., of the inspections proposed in the SNPRM (NPRM), which published in the Part 2, of the Work Instructions in (77 FR 41931, July 17, 2012). AAL stated Federal Register January 26, 2011 (76 Boeing Special Attention Service that since the new coil cord has been FR 4567). The NPRM (76 FR 4567, Bulletin 737–30–1058, Revision 4, dated available for several years, it is possible January 26, 2011) proposed to require November 3, 2011. AAL explained that that some airplanes may already have inspecting the orientation of both sides removal of power by opening circuit breakers would greatly reduce the the new coil cord installed. of the coil cord connector keyways of We disagree with revising this final the number 2 windows on the flight disruption to airplane maintenance being accomplished concurrently. rule because this final rule and the deck; re-clocking the connector keyways referenced service information, Boeing We agree with AAL’s request. The to 12 o’clock, if necessary; and replacing Special Attention Service Bulletin 737– requested procedure is included in the coil cord assemblies on both number 30–1058, Revision 5, dated April 24, Boeing Special Attention Service 2 windows on the flight deck. The 2013, specify further actions beyond Bulletin 737–30–1058, Revision 5, dated SNPRM proposed to require changing simply installing a new coil cord. April 24, 2013. We have changed the keyway position of certain Figures 12 and 14 in Boeing Special paragraphs (g), (h), and (k) of this final receptacle connectors and adding Attention Service Bulletin 737–30– airplanes to the applicability. rule (paragraph (k) in this final rule was 1058, Revision 5, dated April 24, 2013, identified as paragraph (i) in the Comments provide procedures for installation of SNPRM (77 FR 41931, July 17, 2012)) to receptacle connectors on the cover as We gave the public the opportunity to refer to Boeing Special Attention participate in developing this AD. The part of the coil cord replacement for Service Bulletin 737–30–1058, Revision certain airplanes. Operators must ensure following presents the comments 5, dated April 24, 2013, as the received on the proposal (77 FR 41931, that all applicable actions specified in appropriate source of service the service information have been done July 17, 2012) and the FAA’s response information. to each comment. in addition to the installation of the new Boeing Special Attention Service coil cord. However, under the Request To Expand Applicability Bulletin 737–30–1058, Revision 5, dated provisions of paragraph (l) of this final April 24, 2013, specifies an additional Boeing requested that we revise the rule, we will consider requests for inspection that is not included in applicability of the SNPRM (77 FR approval of an alternative method of Revision 4 of Boeing Special Attention 41931, July 17, 2012) to include the compliance (AMOC) to allow retaining Service Bulletin, dated November 3, airplanes specified in Boeing Special and reinstalling the coil cord on 2011. For Group 1, Configuration 3, and Attention Service Bulletin 737–30– airplanes after the effective date of this Group 2, Configuration 2, airplanes, 1058, Revision 5, dated April 24, 2013. final rule, providing sufficient data is Boeing Special Attention Service Boeing stated that the effectivity of this submitted to address the identified service bulletin includes 75 airplanes Bulletin 737–30–1058, Revision 5, dated unsafe condition. We have not changed that were delivered with the identified April 24, 2013, specifies a general visual this final rule in this regard. inspection for rubbing damage on the unsafe condition. Request To Clarify Certain Work We agree that the 75 airplanes were coil cords, and replacement of the coil Instructions delivered with the identified unsafe cord with a new coil cord if rubbing condition. However, we disagree with damage is found. Boeing Special AAL requested that we clarify the expanding the applicability of this final Attention Service Bulletin 737–30– work instructions for reinstallation of rule, because that would necessitate 1058, Revision 5, dated April 24, 2013, connector receptacle D10572 for Group (under the provisions of the describes the labor hours required for 1, Configuration 1, airplanes as Administrative Procedure Act) reissuing the inspection as less than one hour for identified in Boeing Special Attention the notice, reopening the period for each coil cord. We have determined that Service Bulletin 737–30–1058, Revision public comment, considering additional this minor change in inspection 4, dated November 3, 2011. AAL stated comments subsequently received, and procedures will not impose an that Figures 12 and 14 of this service eventually issuing a final rule. We have additional burden on any operator; bulletin have steps to reinstall the determined that further delay of this further, because it is a logical outgrowth connector receptacle, but the work final rule is not appropriate in light of of the notice, an additional opportunity instructions and figures for Group 1, the identified unsafe condition that for public comment will not be Configuration 1 airplanes do not include exists in the airplanes specified in the necessary. We have added the costs for steps that remove the connector applicability of the SNPRM (77 FR this inspection to the Costs of receptacle. 41931, July 17, 2012). However, we Compliance section of this final rule, We agree to clarify. The removal of might consider additional rulemaking in added new paragraph (i) to this final the receptacle connector D10572 was the future. We have not changed this rule to require the coil cord inspection, addressed in Boeing Special Attention final rule in this regard. and re-designated subsequent Service Bulletin 737–30–1058, Revision paragraphs accordingly. 3, dated July 7, 2010. The instructions Request To Allow a Power Removal Revision 5 of Boeing Special were inadvertently omitted in Boeing Procedure Attention Service Bulletin 737–30– Special Attention Service Bulletin 737– American Airlines (AAL) stated that it 1058, dated April 24, 2013, also 30–1058, Revision 4, dated November 3, has no objections to the SNPRM (77 FR describes changes to a wire diagram 2011. Boeing has added the requested

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clarification to Boeing Special Attention April 24, 2013, and redesignated the • Do not add any additional burden Service Bulletin 737–30–1058, Revision subsequent paragraphs accordingly. upon the public than was already proposed in the SNPRM (77 FR 41931, 5, dated April 24, 2013. As referenced Conclusion previously, we have specified Boeing July 17, 2012). We reviewed the available data, Special Attention Service Bulletin 737– We also determined that these including the comments received, and 30–1058, Revision 5, dated April 24, changes will not increase the economic determined that air safety and the 2013, as the appropriate source of burden on any operator or increase the public interest require adopting this AD service information in this final rule. scope of this AD. with the changes described previously Additional Change to This Final Rule and minor editorial changes. We have Costs of Compliance determined that these changes: We have added new paragraph (j) to • Are consistent with the intent that We estimate that this AD affects 712 this final rule to specify exceptions to was proposed in the SNPRM (77 FR airplanes of U.S. registry. Boeing Special Attention Service 41931, July 17, 2012) for correcting the We estimate the following costs to Bulletin 737–30–1058, Revision 5, dated unsafe condition; and comply with this AD:

ESTIMATED COSTS

Number of Action Labor cost Parts cost Cost per product airplanes Cost on U.S. operators

Keyway inspection and in- 6 work-hours × $85 per $1,608 $2,118 ...... 712 $1,508,016. stallation of new cord hour = $510. assemblies on both sides of the flight deck (Group 1, Configuration 1 airplanes). Adjustment of receptacles 4 work-hours × $85 per 0 340 ...... 404 137,360. on both sides of the hour = $340. flight deck (Group 1, Configuration 2, and Group 2 airplanes). Coil cord inspection 1 work-hour × $85 per 0 85 per coil cord ...... 404 34,240 per coil cord. (Group 1, Configuration hour = $85 per coil 3, and Group 2 air- cord. planes).

We estimate the following costs to do be required based on the results of the determining the number of aircraft that any necessary replacements that would inspection. We have no way of might need these replacements:

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per product

Replacement .. 3 work-hours × $85 per hour = $255 per coil cord assembly $1,735 per coil cord assembly $1,990 per coil cord assembly.

According to the manufacturer, some promoting safe flight of civil aircraft in (1) Is not a ‘‘significant regulatory of the costs of this AD may be covered air commerce by prescribing regulations action’’ under Executive Order 12866, under warranty, thereby reducing the for practices, methods, and procedures (2) Is not a ‘‘significant rule’’ under cost impact on affected individuals. We the Administrator finds necessary for DOT Regulatory Policies and Procedures do not control warranty coverage for safety in air commerce. This regulation (44 FR 11034, February 26, 1979), affected individuals. As a result, we is within the scope of that authority (3) Will not affect intrastate aviation have included all costs in our cost because it addresses an unsafe condition in Alaska, and estimate. that is likely to exist or develop on (4) Will not have a significant products identified in this rulemaking economic impact, positive or negative, Authority for This Rulemaking action. on a substantial number of small entities Title 49 of the United States Code under the criteria of the Regulatory Regulatory Findings specifies the FAA’s authority to issue Flexibility Act. rules on aviation safety. Subtitle I, This AD will not have federalism section 106, describes the authority of implications under Executive Order List of Subjects in 14 CFR Part 39 the FAA Administrator. Subtitle VII: 13132. This AD will not have a Air transportation, Aircraft, Aviation Aviation Programs, describes in more substantial direct effect on the States, on safety, Incorporation by reference, detail the scope of the Agency’s the relationship between the national Safety. authority. government and the States, or on the Adoption of the Amendment We are issuing this rulemaking under distribution of power and the authority described in Subtitle VII, responsibilities among the various Accordingly, under the authority Part A, Subpart III, Section 44701: levels of government. delegated to me by the Administrator, ‘‘General requirements.’’ Under that For the reasons discussed above, I the FAA amends 14 CFR part 39 as section, Congress charges the FAA with certify that this AD: follows:

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PART 39—AIRWORTHINESS accordance with the Accomplishment NOTE: Group 1 and Group 2 airplanes DIRECTIVES Instructions of Boeing Special Attention have the connector receptacle identified as Service Bulletin 737–30–1058, Revision 5, D10572. Group 3 airplanes have the ■ 1. The authority citation for part 39 dated April 24, 2013, except as specified in connector receptacle identified as D10560. continues to read as follows: paragraph (j) of this AD. Except for Group 1 airplanes, a wire diagram change is not necessary and not shown in Authority: 49 U.S.C. 106(g), 40113, 44701. (h) Receptacle Replacement for Group 1, Configuration 2, and Group 2, Configuration this service bulletin. 1 Airplanes § 39.13 [Amended] (k) Credit for Previous Actions ■ 2. The FAA amends § 39.13 by adding For airplanes identified as Group 1, Configuration 2, and Group 2, Configuration This paragraph provides credit for the the following new airworthiness 1, in Boeing Special Attention Service replacement required by paragraph (g)(2) of directive (AD): Bulletin 737–30–1058, Revision 5, dated this AD, if the replacement was performed 2013–26–08 The Boeing Company: April 24, 2013: Within 48 months after the before the effective date of this AD using the Amendment 39–17717 ; Docket No. effective date of this AD, install the service information specified in paragraph FAA–2011–0032; Directorate Identifier receptacle connector with changed keyway (k)(1), (k)(2), (k)(3), (k)(4), or (k)(5) of this AD, 2010–NM–236–AD. position on both sides of the flight deck, in provided that the actions required by accordance with the Accomplishment paragraph (h) of this AD are done in (a) Effective Date Instructions of Boeing Special Attention accordance with Boeing Special Attention This AD is effective February 10, 2014. Service Bulletin 737–30–1058, Revision 5, Service Bulletin 737–30–1058, Revision 4, dated April 24, 2013, except as specified in dated November 3, 2011; or Boeing Special (b) Affected ADs paragraph (j) of this AD. Attention Service Bulletin 737–30–1058, None. Revision 5, dated April 24, 2013; for Group (i) Coil Cord Inspection and Corrective (c) Applicability 1, Configuration 2, and Group 2 airplanes. Action (1) Boeing Service Bulletin 737–30–1058, This AD applies to The Boeing Company For airplanes identified as Group 1, dated July 27, 2006, which is not Model 737–600, –700, –700C, –800, –900, Configuration 3, and Group 2, Configuration incorporated by reference in this AD. and –900ER series airplanes, certificated in 2, in Boeing Special Attention Service (2) Boeing Service Bulletin 737–30–1058, any category, as identified in Boeing Special Bulletin 737–30–1058, Revision 5, dated Revision 1, dated June 18, 2007, which is not Attention Service Bulletin 737–30–1058, April 24, 2013: Within 48 months after the incorporated by reference in this AD. Revision 4, dated November 3, 2011. effective date of this AD, do a general visual (3) Boeing Service Bulletin 737–30–1058, (d) Subject inspection for rubbing damage of the coil Revision 2, dated February 13, 2009, which cord on the captain’s and first officer’s sides Joint Aircraft System Component (JASC)/ is not incorporated by reference in this AD. of the flight compartment, in accordance (4) Boeing Special Attention Service Air Transport Association (ATA) of America with the Accomplishment Instructions of Code 30, Ice and Rain Protection. Bulletin 737–30–1058, Revision 3, dated July Boeing Special Attention Service Bulletin 7, 2010, which is not incorporated by (e) Unsafe Condition 737–30–1058, Revision 5, dated April 24, reference in this AD. 2013, except as specified in paragraph (j) of This AD was prompted by reports of arcing (5) Boeing Special Attention Service this AD. If any rubbing damage is found: and smoke at the left number 2 window in Bulletin 737–30–1058, Revision 4, dated the flight deck. We are issuing this AD to Before further flight, replace the coil cord November 3, 2011. prevent arcing, smoke, and fire in the flight with a new coil cord, in accordance with the deck, which could lead to injuries to or Accomplishment Instructions of Boeing (l) Alternative Methods of Compliance incapacitation of the flightcrew. Special Attention Service Bulletin 737–30– (AMOCs) 1058, Revision 5, dated April 24, 2013, (1) The Manager, Seattle Aircraft (f) Compliance except as specified in paragraph (j) of this Certification Office, FAA, has the authority to Comply with this AD within the AD. approve AMOCs for this AD, if requested compliance times specified, unless already (j) Exceptions to Boeing Special Attention using the procedures found in 14 CFR 39.19. done. Service Bulletin 737–30–1058, Revision 5, In accordance with 14 CFR 39.19, send your (g) Inspection and Replacement for Group 1, Dated April 24, 2013 request to your principal inspector or local Configuration 1, Airplanes (1) In the circuit breaker tables of the Work Flight Standards District Office, as appropriate. If sending information directly For airplanes identified as Group 1, Instructions of Boeing Special Attention Service Bulletin 737–30–1058, Revision 5, to the manager of the ACO, send it to the Configuration 1, in Boeing Special Attention attention of the person identified in Service Bulletin 737–30–1058, Revision 5, dated April 24, 2013, the panel number for paragraph (m)(1) of this AD. Information may dated April 24, 2013: Within 48 months after circuit breaker C00393 is incorrectly be emailed to: 9-ANM-Seattle-ACO-AMOC- the effective date of this AD, do the actions identified as ‘‘P6–12.’’ The correct panel [email protected]. in paragraphs (g)(1) and (g)(2) of this AD. number reference for circuit breaker C00393, (1) Do a general visual inspection of the ‘‘WINDOW HEAT POWER RIGHT SIDE,’’ is (2) Before using any approved AMOC, orientation of the coil cord connector P6–11. notify your appropriate principal inspector, keyways on the captain’s and first officer’s (2) In paragraph 3.B Work Instructions, of or lacking a principal inspector, the manager sides of the flight compartment, in Boeing Special Attention Service Bulletin of the local flight standards district office/ accordance with the Accomplishment 737–30–1058, Revision 5, dated April 24, certificate holding district office. Instructions of Boeing Special Attention 2013, the description for Part 3 work (m) Related Information Service Bulletin 737–30–1058, Revision 5, instructions as PART 3: RECEPTACLE dated April 24, 2013, except as specified in CONNECTOR POSITION CHANGE is (1) For more information about this AD, paragraph (j) of this AD. If the orientation is incorrect. The correct description for Part 3 contact Louis Natsiopoulos, Aerospace not at the specified position, before further work instructions is PART 3: COIL CORD Engineer, Systems and Equipment Branch, flight, turn the receptacle connector to the INSPECTION AND REPLACEMENT IF ANM–130S, FAA, Seattle Aircraft correct position, in accordance with the DAMAGE IS FOUND. Certification Office (ACO), 1601 Lind Avenue Accomplishment Instructions of Boeing (3) In Figures 13 and 14, in paragraph 3.B SW., Renton, WA 98057–3356; phone: 425– Special Attention Service Bulletin 737–30– Work Instructions, of Boeing Special 917–6478; fax: 425–917–6590; email: 1058, Revision 5, dated April 24, 2013, Attention Service Bulletin 737–30–1058, [email protected]. except as specified in paragraph (j) of this Revision 5, dated April 24, 2013, before the (2) Service information identified in this AD. step tables, the note misidentified certain AD that is not incorporated by reference may (2) Replace the coil cords with new coil parts and airplane groups. The note should be obtained at the addresses specified in cords on both sides of the flight deck, in read: paragraphs (n)(3) and (n)(4) of this AD.

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(n) Material Incorporated by Reference engine gas generator turbine (GGT) rotor 401C or T700–GE–701C engines (1) The Director of the Federal Register parts. This AD was prompted by a installed. The NPRM proposed approved the incorporation by reference reevaluation of the method for establishing new fatigue life limits for (IBR) of the service information listed in this determining the life limit for certain GE certain GE engine GGT rotor parts, paragraph under 5 U.S.C. 552(a) and 1 CFR engine GGT rotor parts and the based upon a formula in GE’s service part 51. determination that these life limits information. The NPRM was prompted (2) You must use this service information should be based on low cycle fatigue by the determination that the affected as applicable to do the actions required by this AD, unless the AD specifies otherwise. (LCF) events instead of hours time-in- engines could fail due to fatigue unless (i) Boeing Special Attention Service service (TIS). The actions are intended the life limits of certain GE engine rotor Bulletin 737–30–1058, Revision 4, dated to prevent fatigue failure of a GGT rotor parts are changed from hours TIS to LCF November 3, 2011. part, engine failure, and subsequent loss events. (ii) Boeing Special Attention Service of control of the helicopter. On July 23, 2013, at 78 FR 44052, the Bulletin 737–30–1058, Revision 5, dated DATES: This AD is effective February 10, Federal Register published our April 24, 2013. 2014. supplemental notice of proposed (3) For Boeing service information The Director of the Federal Register rulemaking (SNPRM), which proposed identified in this AD, contact Boeing approved the incorporation by reference to revise the formula in the NPRM for Commercial Airplanes, Attention: Data & establishing the new fatigue life limits Services Management, P.O. Box 3707, MC of certain documents listed in this AD 2H–65, Seattle, WA 98124–2207; telephone as of February 10, 2014. by using the correct formula in a newer 206–544–5000, extension 1; fax 206–766– ADDRESSES: For service information revision of GE’s service information. 5680; Internet https:// identified in this AD, contact Sikorsky Also, the SNPRM corrected a www.myboeingfleet.com. Aircraft Corporation, Attn: Manager, typographical error made in the (4) You may view this service information Commercial Technical Support, preamble of the previous NPRM in the at FAA, Transport Airplane Directorate, 1601 mailstop s581a, 6900 Main Street, ‘‘Related Service Information,’’ which Lind Avenue SW., Renton, WA. For Stratford, CT, telephone (800) 562–4409, referenced the service bulletin number information on the availability of this as 72–041 rather than the correct service material at the FAA, call 425–227–1221. email address [email protected], or at http://www.sikorsky.com. You may bulletin number 72–0041. (5) You may view this service information The proposed actions in the SNPRM that is incorporated by reference at the review a copy of the referenced service National Archives and Records information at the FAA, Office of the were intended to prevent failure of a Administration (NARA). For information on Regional Counsel, Southwest Region, GGT rotor part, engine failure, and the availability of this material at NARA, call 2601 Meacham Blvd., Room 663, Fort subsequent loss of control of the 202–741–6030, or go to: http:// Worth Texas 76137. helicopter. www.archives.gov/federal-register/cfr/ibr- locations.html. Examining the AD Docket Comments We gave the public the opportunity to Issued in Renton, Washington, on You may examine the AD docket on the Internet at http:// comment on the NPRM (77 FR 55166, December 20, 2013. September 7, 2012), and the SNPRM (78 Jeffrey E. Duven, www.regulations.gov or in person at the Docket Operations Office between 9 FR 44052, July 23, 2013), but we did not Manager, Transport Airplane Directorate, receive any comments. Aircraft Certification Service. a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD [FR Doc. 2013–31307 Filed 1–3–14; 8:45 am] FAA’s Determination docket contains this AD, any BILLING CODE 4910–13–P We have reviewed the relevant incorporated-by-reference service information and determined that an information, the economic evaluation, unsafe condition exists and is likely to any comments received, and other DEPARTMENT OF TRANSPORTATION exist or develop on other products of information. The street address for the these same type designs and that air Docket Operations Office (phone: 800– Federal Aviation Administration safety and the public interest require 647–5527) is U.S. Department of adopting the AD requirements as Transportation, Docket Operations 14 CFR Part 39 proposed in the SNPRM (78 FR 44052, Office, M–30, West Building Ground July 23, 2013). [Docket No. FAA–2012–0945; Directorate Floor, Room W12–140, 1200 New Jersey Identifier 2010–SW–110–AD; Amendment 39–17722; AD 2013–26–13] Avenue SE., Washington, DC 20590. Costs of Compliance FOR FURTHER INFORMATION CONTACT: We estimate that this AD will affect 9 RIN 2120–AA64 Michael Davison, Flight Test Engineer, helicopters of U.S. registry. We estimate New England Regional Office, FAA, 12 Airworthiness Directives; Sikorsky that operators may incur the following New England Executive Park, Aircraft Corporation (Sikorsky) costs in order to comply with this AD: Burlington, MA 01803; phone: (781) Helicopters A minimal amount for work hours and 238–7156; fax: (781) 238–7170; email: labor costs because these parts are AGENCY: Federal Aviation [email protected]. replaced as part of the periodic Administration (FAA), DOT. SUPPLEMENTARY INFORMATION: maintenance on the helicopter; a minimal amount of time to calculate the ACTION: Final rule. Discussion new retirement life; $360,000 to replace SUMMARY: We are adopting a new On September 7, 2012, at 77 FR the GGT rotor parts per helicopter; and airworthiness directive (AD) for 55166, the Federal Register published $3,240,000 to replace the GGT rotor Sikorsky Model S–70, S–70A, S–70C, S– our notice of proposed rulemaking parts for the entire U.S. operator fleet. 70C (M), and S–70C (M1) helicopters (NPRM), which proposed to amend 14 with General Electric (GE) T700–GE– CFR part 39 by adding an AD that Authority for This Rulemaking 401C or T700–GE–701C engines would apply to Sikorsky Model S–70, Title 49 of the United States Code installed. This AD requires establishing S–70A, S–70C, S–70C (M), and S–70C specifies the FAA’s authority to issue new fatigue life limits for certain GE (M1) helicopters with GE T700–GE– rules on aviation safety. Subtitle I,

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section 106, describes the authority of § 39.13 [Amended] (B) Determine the LCF1 retirement life by the FAA Administrator. Subtitle VII: ■ 2. The FAA amends § 39.13 by adding dividing the maximum number of LCF2 events obtained from the applicable diagram Aviation Programs, describes in more the following new airworthiness detail the scope of the Agency’s for each engine by the sum of the actual LCF directive (AD): ratio obtained by following paragraph authority. 2013–26–13 Sikorsky Aircraft Corporation: (e)(2)(ii)(A) of this AD plus the quotient of We are issuing this rulemaking under Amendment 39–17722; Docket No. the maximum number of LCF2 events from the authority described in Subtitle VII, FAA–2012–0945; Directorate Identifier the applicable diagram for each engine Part A, Subpart III, Section 44701: 2010–SW–110–AD. divided by the maximum number of LCF1 events from the applicable diagram for each ‘‘General requirements.’’ Under that (a) Applicability section, Congress charges the FAA with engine. promoting safe flight of civil aircraft in This AD applies to Model S–70, S–70A, S– (C) Determine the LCF2 retirement life by 70C, S–70C (M), and S–70C (M1) helicopters multiplying the actual LCF ratio obtained by air commerce by prescribing regulations with General Electric (GE) T700–GE–401C or following paragraph (e)(2)(ii)(A) of this AD for practices, methods, and procedures T700–GE–701C part-numbered engines, times the LCF1 retirement life determined by the Administrator finds necessary for certificated in any category. following paragraph (e)(2)(ii)(B) of this AD. safety in air commerce. This regulation (iii) Replace each GGT rotor part that has (b) Unsafe Condition is within the scope of that authority reached the new fatigue cycle life limit with because it addresses an unsafe condition This AD defines the unsafe condition as a an airworthy rotor part. that is likely to exist or develop on critical engine part remaining in service (3) For helicopters with the GE T700–GE– beyond its fatigue life because the current life products identified in this rulemaking 401C engine, if you cannot determine the limit is based on hours time-in-service (TIS) number of low cycle fatigue events manually action. instead of fatigue cycles. This condition from the HR or by combining both manual Regulatory Findings could result in fatigue failure of an engine and HR counts, then the life limit for the rotor part, engine failure, and subsequent loss GGT rotor part is the hours TIS for the part This AD will not have federalism of control of the helicopter. as shown in Table 1 of GE T700 Turboshaft Engine Service Bulletin T700 S/B 72–0041, implications under Executive Order (c) Effective Date 13132. This AD will not have a dated August 21, 2009. This AD becomes effective February 10, substantial direct effect on the States, on (4) Before further flight, begin or continue 2014. to count the full and partial low fatigue cycle the relationship between the national (d) Compliance events and record on the component card or government and the States, or on the equivalent record that count at the end of distribution of power and You are responsible for performing each each day for which the HR is inoperative. responsibilities among the various action required by this AD within the levels of government. specified compliance time unless it has (f) Special Flight Permit already been accomplished prior to that time. For the reasons discussed above, I Special flight permits will not be issued to allow flight in excess of life limits. certify that this AD: (e) Required Actions (1) Is not a ‘‘significant regulatory (1) Before further flight, insert into the (g) Alternative Methods of Compliance action’’ under Executive Order 12866; airworthiness limitations section of the (AMOCs) maintenance manual or instructions for (1) The Manager, Boston Aircraft (2) Is not a ‘‘significant rule’’ under continued airworthiness the low cycle fatigue DOT Regulatory Policies and Procedures Certification Office, FAA, may approve (LCF) limit diagrams shown in Figures 2 AMOCs for this AD. Send your proposal to: (44 FR 11034, February 26, 1979); through 7 (pages 9 through 14) of GE T700 Michael Davison, Flight Test Engineer, New (3) Will not affect intrastate aviation Turboshaft Engine Service Bulletin T700 S/ England Regional Office, FAA, 12 New in Alaska to the extent that it justifies B 72–0041, Revision 1, dated March 12, 2010, England Executive Park, Burlington, MA making a regulatory distinction; and for helicopters with the GE T700–GE–401C 01803; phone: (781) 238–7156; fax: (781) engine, or Figures 2 through 4 (pages 10 (4) Will not have a significant 238–7170; email: [email protected]. through 12) of GE T700 Turboshaft Engine (2) For operations conducted under 14 CFR economic impact, positive or negative, Service Bulletin T700 S/B 72–0038, dated part 119 operating certificate or under 14 on a substantial number of small entities October 1, 2008, for helicopters with the GE CFR part 91, subpart K, we suggest that you under the criteria of the Regulatory T700–GE–701C engine. The diagonal line on notify your principal inspector, or lacking a Flexibility Act. each diagram represents the new cycle life principal inspector, the manager of the local We prepared an economic evaluation limit (a combination of full low cycle fatigue flight standards district office or certificate of the estimated costs to comply with events (LCF1) and partial low cycle fatigue holding district office before operating any events (LCF2) as those terms are defined in this AD and placed it in the AD docket. aircraft complying with this AD through an the Accomplishment Instructions, paragraphs AMOC. List of Subjects in 14 CFR Part 39 3.A.(1) and 3.A.(2) of each service bulletin) for each gas generator turbine (GGT) rotor (h) Subject Air transportation, Aircraft, Aviation part. A combination of LCF1 and LCF2, Joint Aircraft Service Component (JASC) safety, Incorporation by reference, which results in a number below the Code: 7250: Turbine Section. Safety. diagonal line of the applicable diagram for each engine, indicates that the part has not (i) Material Incorporated by Reference Adoption of the Amendment reached its fatigue life limit. (1) The Director of the Federal Register (2) Before further flight: approved the incorporation by reference Accordingly, under the authority (i) Obtain the actual LCF1 and LCF2 count (IBR) of the service information listed in this delegated to me by the Administrator, from the engine ‘‘history recorder’’ (HR); paragraph under 5 U.S.C. 552(a) and 1 CFR the FAA amends 14 CFR part 39 as (ii) Calculate the LCF1 and LCF2 fatigue part 51. follows: retirement life for each GGT rotor part as (2) You must use this service information follows: as applicable to do the actions required by PART 39—AIRWORTHINESS (A) Determine the actual LCF ratio by this AD, unless the AD specifies otherwise. DIRECTIVES dividing the total actual LCF2 cycle count (i) General Electric (GE) T700 Turboshaft obtained from the HR by the total actual Engine Service Bulletin T700 S/B 72–0038, ■ 1. The authority citation for part 39 LCF1 cycle count obtained from the HR. Add dated October 1, 2008. to the actual counts from the HR any actual (ii) GE T700 Turboshaft Engine Service continues to read as follows: additional fatigue cycle incurred during any Bulletin T700 S/B 72–0041, dated August 21, Authority: 49 U.S.C. 106(g), 40113, 44701. period in which the HR was inoperative. 2009.

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(iii) GE T700 Turboshaft Engine Service FutureGen program have been SUMMARY: The Environmental Protection Bulletin T700 S/B 72–0041, Revision 1, dated withdrawn from our consideration as Agency (EPA) is approving revisions to March 12, 2010. revisions to the Texas SIP. Accordingly, the Texas State Implementation Plan (3) For GE service information identified in EPA is withdrawing our direct final (SIP) that establish the public this AD, contact Sikorsky Aircraft Corporation, Attn: Manager, Commercial approval and in a separate rulemaking participation requirements for air Technical Support, mailstop s581a, 6900 in today’s Federal Register we are also quality permits. EPA finds that these Main Street, Stratford, CT, telephone (800) withdrawing the corresponding revisions to the Texas SIP comply with 562–4409, email address proposed approval. We find that no the Federal Clean Air Act (the Act or [email protected], or at http:// further action is necessary on the Texas CAA) and EPA regulations and are www.sikorsky.com. FutureGen Program March 9, 2006 and consistent with EPA policies. Texas (4) You may view this service information July 2, 2010 SIP revisions. The State’s submitted the public participation at FAA, Office of the Regional Counsel, action also withdraws from EPA’s provisions in four separate revisions to Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137. For review the FutureGen Program the SIP on July 22, 1998; October 25, information on the availability of this component of the January 22, 2010 1999; July 2, 2010; and March 11, 2011. material at the FAA, call (817) 222–5110. Consent Decree between EPA and the EPA is finalizing this action under (5) You may view this service information BCCA Appeal Group, Texas Association section 110 and parts C and D of the that is incorporated by reference at the of Business, and Texas Oil and Gas Clean Air Act (the Act). National Archives and Records Association. This withdrawal is being DATES: This final rule will be effective Administration (NARA). For information on taken under section 110 and parts C and on February 5, 2014. the availability of this material at NARA, call D of the Federal Clean Air Act. (202) 741–6030, or go to: http:// ADDRESSES: EPA has established a www.archives.gov/federal-register/cfr/ibr- DATES: The direct final rule published docket for this action under Docket ID locations.html. on November 21, 2013 (78 FR 69773), is No. EPA–R06–OAR–2010–0612. All withdrawn effective January 6, 2014. documents in the docket are listed in Issued in Fort Worth, Texas, on December 24, 2013. FOR FURTHER INFORMATION CONTACT: Ms. the http://www.regulations.gov index. Although listed in the index, some Kim Smith, Adina Wiley (6PD–R), Air Permits Section, Environmental Protection information is not publicly available, Directorate Manager, Rotorcraft Directorate, e.g., Confidential Business Information Aircraft Certification Service. Agency, Region 6, 1445 Ross Avenue or other information the disclosure of [FR Doc. 2013–31525 Filed 1–3–14; 8:45 am] (6PD–R), Suite 1200, Dallas, TX 75202– 2733. The telephone number is (214) which is restricted by statute. Certain BILLING CODE 4910–13–P 665–2115. Ms. Wiley can also be other material, such as copyrighted reached via electronic mail at material, will be publicly available only [email protected]. in hard copy. Publicly available docket ENVIRONMENTAL PROTECTION materials are available either AGENCY List of Subjects in 40 CFR Part 52 electronically in http:// www.regulations.gov or in hard copy at 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by the Air Permits Section (6PD–R), [EPA–R06–OAR–2006–0593; FRL–9905–07– reference, Intergovernmental relations, Environmental Protection Agency, 1445 Region–6] Reporting and recordkeeping Ross Avenue, Suite 700, Dallas, Texas requirements. 75202–2733. While all documents in the Approval and Promulgation of Dated: December 20, 2013. docket are listed in the index, some Implementation Plans; Texas; Control information may be publicly available Samuel Coleman, of Air Pollution by Permits for New only at the hard copy location (e.g., Construction or Modification; Permits Acting Regional Administrator, Region 6. copyrighted material), and some may for Specific Designated Facilities Accordingly, the amendments to 40 not be publicly available at either AGENCY: Environmental Protection CFR 52.2270 published in the Federal location (e.g., CBI). To inspect the hard Agency (EPA). Register on November 21, 2013 (78 FR copy materials, please schedule an ACTION: Withdrawal of direct final rule. 69773), which were to become effective appointment with the person listed in on January 21, 2014, are withdrawn. the FOR FURTHER INFORMATION CONTACT SUMMARY: On November 21, 2013, the [FR Doc. 2013–31437 Filed 1–3–14; 8:45 am] paragraph below or Mr. Bill Deese at Environmental Protection Agency (EPA) BILLING CODE 6560–50–P 214–665–7253. published a direct final rule approving FOR FURTHER INFORMATION CONTACT: Ms. portions of two revisions to the Texas Adina Wiley, Air Permits Section (6PD– State Implementation Plan (SIP) ENVIRONMENTAL PROTECTION R), Environmental Protection Agency, concerning the Permits for Specific AGENCY Region 6, 1445 Ross Avenue, Suite 700, Designated Facilities Program, also Dallas, Texas 75202–2733, telephone referred to as the FutureGen Program. 40 CFR Part 52 214–665–2115; fax number 214–665– The direct final action was published 6762; email address wiley.adina@ without prior proposal because EPA [EPA–R06–OAR–2010–0612; FRL–9904–03– epa.gov. anticipated no adverse comments. EPA Region–6] SUPPLEMENTARY INFORMATION: stated in the direct final rule that if we Throughout this document whenever received relevant, adverse comments by Approval and Promulgation of ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean December 23, 2013, EPA would publish Implementation Plans; Texas; Public EPA. a timely withdrawal in the Federal Participation for Air Quality Permit Register. EPA received a letter dated Applications Table of Contents December 19, 2013, from the Texas AGENCY: Environmental Protection I. Background for this Final Action Commission on Environmental Quality Agency (EPA). II. Response to Comments stating that the March 9, 2006, and July ACTION: Final rule. III. Final Action 2, 2010, SIP revisions specific to the IV. Statutory and Executive Order Reviews

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I. Background for this Final Action comments are grouped together into approval/limited disapproval on categories to assist the reader. November 26, 2008. See 73 FR 72003. On December 13, 2012, EPA proposed EPA withdrew our proposed limited General Comments in Support of the approval of the July 22, 1998; October approval/limited disapproval on Proposed Approval 25, 1999; July 2, 2010; and March 11, November 5, 2010, only after the TCEQ 2011, revisions to the Texas SIP that Comment 1: AECT stated that EPA’s had adopted and submitted revised establish the public participation December 13, 2012, proposed approval public participation rules that replaced requirements for air quality permits. See of the Texas Public Participation Rules the previous SIP submissions and 77 FR 74129. In this proposed action we as revisions to the Texas SIP were addressed our concerns identified in the explained that the Clean Air Act at adequately supported. As a result, the proposed limited approval/limited section 110(a)(2)(C) requires states to AECT requested that EPA issue final disapproval. See 75 FR 68291. TCEQ’s develop and implement permitting approval of the Texas Public own comment letter acknowledges that programs for attainment and Participation submittals as revisions to the ‘‘new and amended rules submitted nonattainment areas that cover both the Texas SIP. to EPA in July 2010 were adopted in construction and modification of Response 1: EPA appreciates the response to EPA’s notice proposing stationary sources. EPA codified support for our proposed approval. No limited approval and limited minimum requirements for these State changes were made to the final rule as disapproval of TCEQ’s outstanding SIP permitting programs including public a result of this comment. revisions regarding public Comment 2: GCLC and Luminant participation and notification participation.’’ See February 11, 2013 support EPA’s December 13, 2012, requirements at 40 CFR 51.160–51.164. letter from TCEQ to EPA in the docket proposed approval of the Texas Public There are additional detailed public for this rulemaking. Participation rules as revisions to the participation requirements in 40 CFR Regardless, our December 13, 2012, 51.166(q) for the Prevention of Texas SIP. The GCLC states that the submitted public participation proposed action evaluated the revised Significant Deterioration (PSD) major public participation rules submitted as permitting program. requirements are fully protective of Texans’ ability to thoroughly and revisions to the Texas SIP on July 2, Our December 13, 2012, proposed adequately comment on air permit 2010, by the TCEQ and found the approval and the accompanying applications in the state and meet and submitted rules to be adequate under Technical Support Document provided exceed federal public participation federal law as described in our proposal the history of the Texas Public requirements. Luminant states that the and accompanying TSD. We note that Participation provisions in the Texas TCEQ has a robust regulatory program contested case hearings were not SIP and a summary of each of the to ensure the protection of human submitted for EPA’s review and submitted revisions to the Texas SIP. health and the environment in Texas, therefore the contested case hearing The proposal identifies the specific including opportunity for public process is outside the scope of this final sections that were proposed for participation regarding issues before the rule action. approval from the July 22, 1998; October Commission. Comment 4: The BCCAAG and TIP 25, 1999; July 2, 2010; and March 11, Response 2: EPA appreciates the supports EPA’s December 13, 2012, 2011 SIP submittals. Note that while we support for our proposed approval. Our proposed approvals of each applicable are acting on revisions to the Texas SIP December 13, 2012, proposal and the Texas regulation in EPA’s proposed that were submitted in four separate accompanying Technical Support notice at 77 FR 74129. The BCCAAG packages, we collectively refer to these Document identified the manner in and TIP state that these regulations rules as the Texas Public Participation which the submitted rules satisfy all comply with the FCAA and are an SIP submittal from July 2, 2010 since necessary requirements for public important part of the Texas air quality the majority of the revisions were participation under the CAA and EPA’s permitting program. submitted on that date. regulations. No changes were made to Response 4: EPA appreciates the II. Response to Comments the final rule as a result of these support for our proposed approval. No comments. changes were made to the final rule as EPA accepted comments on our Comment 3: GCLC believes that a result of this comment. proposed approval of the Texas public existing public participation Comment 5: The TCEQ commented participation SIP revisions for 60 days, requirements and previous SIP that the new and amended rules through February 11, 2013. We received submittals were more than adequate to submitted to EPA in July 2010 were comments from 7 organizations—the comply with the CAA, particularly with adopted in response to EPA’s proposed Texas Commission on Environmental regard to Texas’ contested-case hearing limited approval and limited Quality (TCEQ), the Gulf Coast Lignite process which is far more than required disapproval. The TCEQ recognizes that Coalition (GCLC), the Association of by federal law. EPA has reviewed and proposed Electric Companies of Texas (AECT), the Response 3: EPA appreciates GCLC approval of most of the rules submitted Texas Industry Project (TIP), the BCCA taking the opportunity to comment on in 2010, as well as in earlier submittals, Appeal Group (BCCAAG), Luminant, our December 13, 2012, proposed stating that all outstanding issues were and the University of Texas Law Clinic approval of the Texas Public adequately addressed. on behalf of Air Alliance Houston, Participation rules. However, we Response 5: EPA appreciates the Citizens for Environmental Justice, disagree with the commenter’s support of the TCEQ for our proposed Texas Environmental Justice Advocacy statement that the previous public rulemaking. We note that the TCEQ’s Services, Public Citizen and participation requirements were cooperation and willingness to Environmental Integrity Project. All adequate under federal law. EPA collaborate with the Region 6 office has comment letters can be found in their believes the previous public enabled us to propose full approval of entirety in the docket for this participation requirements were the revised public participation rules, as rulemaking. The following section inadequate to implement the submitted July 2, 2010. No changes were summarizes the comments received and requirements of the CAA and EPA’s made to the final rule as a result of this provides responses to each. Note that regulations, thus we proposed limited comment.

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Comment 6: The TCEQ supports run 30 days after last publication of the Permit holders to follow procedures that EPA’s determination that TCEQ meets, NAPD meets the minimum federal EPA is otherwise proposing to approve. and in some cases exceeds, the requirements for a 30-day comment Response 10: EPA agrees that we have minimum federal requirements and period after the draft permit is available a statutory obligation to act on the SIP therefore has proposed full approval of for review. No changes were made to the submittal for public participation for public participation rules submitted in final rule as a result of this comment. flexible permits; however we have 1998, 1999, 2010 and 2011. The TCEQ Comment 8: UT Law Clinic chosen to sever the flexible permit noted that the EPA correctly observes commented that the proposed rules do public participation provisions per our that the Notice of Receipt of Application correct some clear legal shortcomings in SIP approval authority and discretion and Intent to Obtain Permit (NORI) is a Texas’ public participation under the CAA and address those public unique element to the Texas permit requirements for the Major permitting participation provisions in the future program that is not federally required. programs, the Nonattainment New with the flexible permit program as a TCEQ also commented that it is Source Review (NNSR) and Prevention whole in a separate SIP action. This important to acknowledge that TCEQ’s of Significant Deterioration (PSD) approach will prevent any comment period exceeds federal applications. misunderstanding among the regulated requirements. Comments are considered Response 8: EPA appreciates the community that would arise if a public timely if filed any time after the NORI support. No revisions were made to the participation pathway was approved for is published and through the end of the final rule as a result of this comment. a permitting program that is not comment period. This timeline currently approved into the Texas SIP. encompasses the administrative Comments Regarding Severability Additionally, EPA has not finished its completeness determination, the NORI Comment 9: EPA received several review of the flexible permitting publication period, the technical review comments on our approach of taking no program and how its public period, as well as the comment period action for the public participation participation process is intertwined. associated with the Notice of provisions at 30 TAC 116.111(a)(2)(K) Further, there is nothing in the Act that Application and Preliminary Decision and 30 TAC 116.116(b)(3), relating to prohibits the bifurcation of our action. (NAPD), which may be more than 30 HAPs permitting under CAA 112(g) and Finally, this approach was anticipated days if alternate language publication is 40 CFR Part 63. The BCCAAG and TIP and supported by the TCEQ as required and that publication is after the concur with EPA’s analysis that 30 TAC explained in the final Texas Register. English language publication. Therefore, 116.116(b)(3) should not be part of the See 35 TexReg 5223, June 18, 2010. No the state comment period greatly Texas SIP. The TCEQ understands that revisions were made to this final rule as exceeds the federal requirement in EPA is taking no action on the October a result of this comment. Comment 11: EPA received several length of time, thus affording greater 25, 1999 submittal of 30 TAC comments on our decision to take no opportunity for public participation. 116.111(a)(2)(K) and 116.116(b)(3). The action on the public participation Response 6: EPA appreciates the TCEQ further notes that EPA returned provisions for portable facilities at 30 support for our proposed approval. As 30 TAC 116.111(a)(2)(K) and TAC 39.402(a)(12). The TCEQ detailed in our proposal and 116.116(b)(3) by letter on June 29, 2011. accompanying TSD, EPA finds that the recognizes that EPA is taking no action Response 9: EPA agrees with TCEQ’s public participation provisions as on the public participation rules for assessment of the scope of this approval submitted in four separate revisions to portable facilities (adopted February 10, action. No changes were made to the the SIP satisfy the minimum federal 2010) because these provisions are final rule as a result of this comment. requirements for public participation associated with rules for permitting consistent with the CAA and EPA Comment 10: EPA received several programs which have not yet been regulations. We agree with the TCEQ comments on our decision to take no reviewed by EPA. The BCCAAG and TIP that our analysis has identified some action on the public participation request that EPA approve 30 TAC provisions of the Texas public provisions for new flexible permits and 39.402(a)(12) and 30 TAC 116.20 and 30 participation process that go beyond the flexible permit amendments at 30 TAC TAC 116.178 as submitted March 19, minimum requirements—such as the 39.402(a)(4) and (a)(5). The TCEQ 2010. The BCCAAG and TIP note that requirement to publish notice of the recognizes that the EPA is taking no EPA has a statutory obligation to act on application (first notice, or NORI) or to action on the public participation rules the portable facility rules and public require sign-posting. No changes were for new flexible permits and flexible participation requirements. made to the final rule as a result of this permit amendment applications Response 11: EPA has a statutory comment. (adopted June 2, 2010). The BCCAAG obligation to act on the SIP submittal for Comment 7: The TCEQ notes that EPA and TIP request that EPA approve 30 public participation for portable correctly observes that the comment TAC 39.402(a)(4) and (5) rather than facilities; however we have chosen to period runs for 30 days after last take no action, as proposed. The sever the portable facility public publication of the NAPD, and, by BCCAAG and TIP identified the participation provisions per our SIP proposing approval of these rules, following reasons EPA should act on the approval authority and discretion under acknowledges that the TCEQ’s comment public participation provisions for the CAA. As explained in our December period for minor and major NSR permit Flexible Permits: 13, 2012, proposal, EPA has not applications that are subject to the 1. EPA has a statutory obligation to evaluated the public participation requirements of Chapters 39, 55, and act on these SIP submittals for public provisions for portable facilities at 30 116 meets the minimum federal participation for flexible permits. TAC 39.402(a)(12) for inclusion in the requirements for a 30 day period after 2. EPA’s prior disapproval of the Texas SIP because we have not yet acted the draft permit is made available for Flexible Permit program does not on the underlying definitions and review. provide a basis to delay action on the permitting rules for portable facilities at Response 7: EPA appreciates the submitted sections. 30 TAC 116.20 and 116.178, support for our proposed approval. We 3. Analysis of the 402(a)(4) and (a)(5) respectively. EPA will address the agree with the TCEQ that the comment provisions does not reveal any concerns definitions and permitting provisions requirement for the comment period to since the provisions require Flexible for the Relocations and Changes of

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Location of Portable Facilities at a 2010. Today’s final action corrects this Rather, EPA is subject to Executive separate time and in a separate action. error. Order 12898: Federal Actions to We will address the public participation Comment 14: UT Law Clinic Address Environmental Justice in requirements for portable facilities at commented that to the extent EPA finds Minority Populations and Low-Income that time. This approach will prevent other provisions of the Texas submittal Populations. (59 FR 7629, February 16, any misunderstanding among the separable, EPA should require Texas to 1994). Through our compliance with EO regulated community that would arise if commit to correcting the additional 12898 we work to identify minority a public participation pathway was deficiencies identified in order to obtain communities and low-income approved for a permitting program that a conditional approval of those communities that may be is not currently approved into the Texas provisions. disproportionately impacted by a SIP. Additionally, EPA has not finished Response 14: Our proposed specific rulemaking. EPA endeavors in its review of the portable facility rules rulemaking identified the reasons for every rulemaking to ensure each and how the public participation severing and taking no action on the member of the public has an equal process for portable facilities is portions of the submittal relevant to opportunity for public participation. intertwined. Further, there is nothing in public participation for Flexible The public participation provisions are the Act that prohibits the bifurcation of Permits, FutureGen permitting, and designed to apply consistently statewide our action. No revisions were made to Portable Facilities. EPA has not yet and provide every member of the public this final rule as a result of this evaluated these programs; therefore, the opportunity to review and submit comment. there are no identified deficiencies in comments on a proposed permit Comment 12: TCEQ recognizes that the programs to be corrected. However, application. These public participation EPA is taking no action on the public in this action, we are finalizing our provisions meet the federal participation rules for FutureGen proposed approval of the Texas public requirements for public participation. (adopted February 22, 2006), which is participation program. As explained in The TCEQ also requires additional associated with rulemakings for this response to comments, for those notice and opportunity through the permitting programs which have not yet portions of the July 2, 2010, SIP NORI publication. Further, the sign been reviewed by EPA. submittal for public participation we are postings and alternate language Response 12: EPA has a statutory taking action on, we do not find any publication provisions of the Texas obligation to act on the SIP submittal for deficiencies in Texas’s public rules are specifically targeted to public participation for FutureGen participation program as it is currently ensuring environmental justice applications; however we have chosen submitted to EPA for review. So, further communities receive fair notice and to sever the FutureGen public severing of provisions from this action opportunity to comment. No changes participation provisions per our SIP in order to resolve deficiencies is were made to our final rule as a result approval authority and discretion under unnecessary. No revisions have been of this comment. the CAA. As explained in our December made to the final rule as a result of this Comment 16: UT Law Clinic also 13, 2012, proposal, EPA had not comment. commented that the approval of the evaluated the public participation Comments Regarding Environmental proposed public participation rules provisions for applications for permits, Justice would exacerbate public participation registrations, licenses, or other type of inadequacies that Texas communities authorization required to construct, Comment 15: UT Law clinic have complained about for years. operate, or authorize a component of the commented that EPA has a mandate to Response 16: The commenter did not FutureGen project at 30 TAC provide members of Environmental provide specific examples of the ‘‘public 39.402(a)(10) for inclusion in the Texas Justice communities with the participation inadequacies that Texas SIP because we had not yet acted on the ‘‘opportunity to participate in decisions communities have complained about for underlying definitions and permitting about activities that may affect their years’’; however, the comment letter rules for the FutureGen project at 30 environment and/or health’’. discusses a variety of specific issues TAC Chapter 91. Since the time of our Response 15: EPA aims to provide throughout and had attached several proposal on public participation, EPA meaningful involvement in the petitions that environmental groups has separately completed our review of decision-making process to all people, have previously submitted to EPA under the FutureGen program, including the regardless of race, color, national origin, the Administrative Procedures Act.1 public participation requirements. EPA or income. Our December 13, 2012, These petitions discuss various issues signed a direct final approval of the proposal and today’s final action have regarding Texas’s air permitting FutureGen program rules on November been closely analyzed to ensure federal program, including some of the specific 1, 2013. Information regarding this requirements have been satisfied for issues that are also noted in the separate rulemaking can be found in the public participation under the CAA and comment letter. Where the UT Law FutureGen docket, EPA–R06–OAR– EPA’s regulations. For more discussion Clinic submitted specific issues, we 2006–0593. No revisions were made to on how our proposal and final action on have addressed those comments below this final rule as a result of this the Texas public participation rules with respect to our proposed approval comment. meet or satisfy minimum federal of the July 2, 2010 public participation Comment 13: TCEQ agrees with EPA’s requirements please see comment and submittal. We note that, insofar as decision to take no action on 30 TAC response 22. EPA believes it is where Texas’s public participation 39.405(h)(1)(B). EPA inadvertently important to recognize and work with program as submitted meets the public included this provision in the proposed Environmental Justice communities to participation requirements in Title I of SIP analysis because TCEQ did not assure their full participation in the CAA and the applicable federal include this rule as part of its submittal. permitting activities; however, we note Response 13: EPA appreciates the that there are no specific statutes or 1 ‘‘Petition for EPA Action Addressing Texas’ Air comment. We agree with the TCEQ that regulations giving EPA authority to Permitting Program Deficiencies, Environmental Integrity Project (August 28, 2008); and First we erred in our proposal when we require a state’s SIP to address public Supplement to Petition for EPA Action Addressing identified 30 TAC 39.405(h)(1)(B) as participation opportunities for Texas’ Air Permitting Program Deficiencies, submitted as a SIP revision on July 2, Environmental Justice communities. Environmental Integrity Project (January 5, 2009).’’

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requirements, EPA must approve the with an analysis of the Texas SIP amendments—only those minor permit submittals. EPA’s proposed limited permitting provisions at 30 TAC amendments that are below the ‘‘de approval limited disapproval noted Chapter 116, Subchapter B, Sections minimis’’ and ‘‘insignificant’’ several deficiencies in Texas’s prior 116.110 and 116.111. The Applicability thresholds. No changes were made to public participation program. For of the Permit Application Requirements the final rule as a result of this reasons explained throughout this at 30 TAC 116.110(a) requires a comment. document, we find that the State’s construction permit for any new facility Comment 18: UT Law Clinic revised July 2, 2010 submittal cures or modification of any existing facility. commented that under the revised rules, these deficiencies. No changes were This construction permit will be issued public participation would be required made to our final rule as a result of this under the General Application only for modifications that meet the comment. provisions at 30 TAC 116.111. Note that definition of ‘‘amendment’’ and that if the construction permit is for a new meet one of the criteria in 30 TAC Comments Regarding the Requirements major stationary source or a major 39.402(a)(3)(B) or (a)(3)(C). This of the Existing SIP-Approved Public modification, then the General narrowing of the universe of Participation Rules Applicability provisions at 30 TAC modifications subject to public Comment 17: UT Law Clinic 116.111 direct the applicant to the SIP- participation weakens the existing SIP- commented that the EPA approved permitting provisions for PSD approved public participation misrepresented the public participation and NNSR. If the construction permit is requirements. requirements of the current Texas SIP. for a minor NSR permit or a minor Response 18: As discussed in UT Law Clinic commented that EPA’s permit modification, the permit will be Comment/Response 17, the commenter proposed approval states that the issued pursuant to the case-by-case has misunderstood the current SIP- current SIP only requires public notice minor permit provisions of 30 TAC approved public notice and permitting of amendments at the discretion of the 116.116 or will satisfy the conditions of provisions in the Texas Program for TCEQ Executive Director. But, contrary a Standard Permit or a Permit by Rule. minor modifications. A minor to EPA’s assertions, the UT Law Clinic The General Applicability provisions at modification of an existing facility is not comments that the current Texas SIP 30 TAC 116.110(b) further state that a specific permit action that goes requires public participation for all minor modifications to existing through public notice. Rather, when a permit applications, including permitted facilities may be handled facility will be modified (pursuant to applications for any modifications. through the amendment of an existing the SIP-approved definition of Response 17: EPA disagrees with the permit. Thus the SIP-approved Texas modification at 30 TAC 116.10) and the commenter’s interpretation of the permit program designates a permit modification is below the major NSR thresholds, the source owner or operator current public participation amendment as one type of permitting must apply for a permit amendment or requirements in the existing Texas SIP. action that can be used to authorize a permit alteration or for other applicable The current SIP-approved requirements modification to an existing facility. permit actions such as a standard permit for public participation are found at 30 Other types of permitting actions that or permit by rule to address the minor TAC 116.130–116.137. The applicability could be used for modifications at of these requirements is found at 30 modification. existing facilities would include Under the current SIP, any minor TAC 116.130(a) as follows: ‘‘Any person standard permits, permits by rule, and modification that is permitted as a who applies for a new permit or permit permit alterations. permit amendment will only go to renewal shall be required to publish EPA believes that the commenter public notice at the discretion of the notice of the intent to construct a new misinterpreted the Texas permitting Executive Director. In contrast, the facility or modify an existing facility or program such that a minor permit revised public participation rules renew a permit. The notice shall be modification is a specific type of permit submitted July 2, 2010, require minor published in a newspaper in general application that would have its own NSR permit amendments to go through circulation in the municipality where public notice requirements. As public notice if the emission rates the facility is located or to be located. presented previously, minor exceed the ‘‘de minimis’’ and Any person who applies for a permit modification of an existing source is ‘‘insignificant’’ thresholds. Further, the amendment shall provide public accomplished through a permit Executive Director has the discretion to notification as required by the executive amendment, standard permit, permit by 2 require notice for any minor permit director’’ (emphasis added). rule, or permit alteration. Because the amendments that fall below the ‘‘de The applicability statement at 30 TAC SIP approved permitting program minimis’’ and ‘‘insignificant’’ thresholds 116.130(a) creates three categories of recognizes new permits, permit renewal if the Executive Director determines permit actions: (1) New permits, (2) and permit amendments, EPA’s these permit amendments to have a permit renewals and (3) permit proposed approval is correct in its reasonable likelihood for significant amendments. This subdivision of the characterization of the SIP-approved public interest in a proposed activity, types of permit actions is consistent public notice requirements for minor emissions to impact a nearby sensitive permit amendments. Pursuant to the receptor, a high nuisance potential from 2 Public notice for permit amendments at the discretion of the TCEQ Executive Director is only SIP-approved language at 30 TAC the operation of the facilities, or the applicable to minor permit amendments. 30 TAC 116.130(a), minor permit amendments application involves a facility in the 116.131(a) requires that ‘‘for any permit subject to only go through public notice to the lowest classification under Texas Water the FCAA, Title I, Part C or D, or to Title 40 Code extent required by the TCEQ Executive Code, § 5.753 and § 5.754 and 30 TAC of Federal Regulations (CFR), Part 51.165(b), the executive director shall state a preliminary Director. The July 2, 2010 public notice Chapter 60. In contrast to the SIP- determination to issue or deny the permit and SIP submittal improves upon the public approved Executive Director discretion require the applicant to conduct public notice of the notice requirements for minor permit for minor permit amendments, which proposed construction.’’ Therefore, a permit amendments. The new rules retain and essentially provides the Executive application for a new major source or major modification subject to PSD/NNSR permitting refine the TCEQ’s Executive Director’s Director with the authority to exempt all requirements is required to go through public discretion provisions to apply to only minor permit amendments from public notice. two specific types of minor permit notice, the revised rules submitted July

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2, 2010, that are being approved today Chapter 39 public participation approach using de minimis principles only provide for the Executive Director requirements. like those established in Ala. Power Co. to exercise discretion in requiring • For permit applications for major v. Costle, 636 F.2d 323, at 360–361 (D.C. additional notice if the criteria new sources and major modifications Cir. 1979) [hereinafter Alabama Power]. presented above are satisfied. Therefore, subject to PSD or NNSR permit See the June 18, 2010 Texas Register, the revised rules expand the public requirements the revised rules represent pages 5224–5230. Requiring NORI and notice requirements to cover the no substantive change in the existing NAPD notice for amendments above a majority of minor permit amendment SIP-approved requirements. Permit specified emissions threshold is more applications. EPA views this expansion applications for new major sources or stringent than the existing SIP; which of public notice requirements for minor major modifications subject to PSD and only requires public notice of minor modifications to be an improvement of NNSR permit requirements must go amendments at the discretion of the the SIP instead of the weakening through NORI and NAPD notice. Executive Director. • purported by the commenter. No Public notice requirements for PAL EPA’s proposal and our analysis of changes were made to the final rule as permit applications are not explicitly the July 2, 2010, public notice submittal a result of this comment. provided for in the current SIP- did not identify any public notice loop Comment 19: UT Law Clinic approved public notice requirements. holes that violate the relevant commented that, although the current However, as discussed in the proposal requirements in the CAA or federal SIP does include provisions regarding and TSD, the public notice requirements regulations. Rather, we have identified alterations, it does not exempt for PAL permit applications are an expansion of public notice modifications authorized by alterations consistent with federal requirements requirements for minor permit from public participation requirements, and require NAPD notice. amendments above certain thresholds. • Public notice requirements for including notice and the opportunity for For the minor permit amendment renewal permit applications are public comment. The commenter also applications below the thresholds, there consistent with the current SIP- submitted several examples of is either no public notice (which approved requirements. As noted in the alterations being used in permits. maintains the status quo of the current proposal, there is no federal SIP requirements) or the Executive Response 19: Minor modifications to requirement for a Title I permit renewal, Director can exercise the provided an existing facility are not a specific therefore EPA views any renewal permit discretion to require public notice if type of permit action under the SIP- and the subsequent public notice to there is reasonable likelihood for approved Texas permit program. Rather, enhance Texas’s SIP-approved permit significant public interest in a proposed when a facility chooses to make a minor renewals program. activity, there is reasonable likelihood modification at an existing major or • TCEQ’s revised regulations for for emissions to impact a nearby minor facility, the source owner or public participation increase sensitive receptor, there is reasonable operator will choose to get opportunities for public involvement in likelihood for a high nuisance potential authorizations for that minor Minor NSR permitting decisions from the operation of the facilities, or modification through a permit compared to the current SIP-approved the application involves a facility in the amendment, permit alteration, standard requirements. For permit applications lowest classification under Texas Water permit or permit by rule. Therefore, the for new minor sources the revised July Code, § 5.753 and § 5.754 and 30 TAC commenter is incorrect when stating 2, 2010, public notice rules maintain the Chapter 60. No changes were made to that the current SIP requires public status quo and require NORI and NAPD the final rule as a result of this participation for minor modifications notice. However, as explained in comment. authorized by alterations. The existing Comment/Response 17 the current SIP- Comment 21: UT Law Clinic SIP requirements for permit alterations, approved public notice requirements for commented that the Texas rules at 30 which are outside the scope of today’s minor permit amendment applications TAC 39.402 create new exemptions rulemaking, exempt permit alterations is at the discretion of the Executive from public participation requirements. from public notice as explained at 67 FR Director. This means that under the Specifically, the Texas rules at 30 TAC 58697, September 18, 2002. current SIP, many minor permit 39.402 limit public participation to only Comments Regarding the Proposed amendment applications may receive no certain types of modifications, those Rules Weaken the Existing SIP- notice at all. In response to our that are defined as ‘‘amendments’’ and Approved Public Participation proposed limited approval/limited that meet the one or more of the Requirements disapproval, the July 2, 2010, public conditions in 30 TAC sections participation SIP submittal expanded 39.402(a)(3)(A), (B), (C), or (D), or 30 Comment 20: UT Law Clinic the publication of the NAPD to cover TAC 39.402(a)(6). Unlike the existing commented that EPA proposes to Minor NSR permit applications and SIP rules, the rules proposed for approve rules that weaken existing specified Minor NSR permit amendment approval exempt large classes of public participation requirements and applications. The new rules also require modifications from all public that create new loopholes that eliminate permit amendment applications to go participation. Their approval would, all public participation for many minor through NORI and NAPD if the therefore, weaken the existing SIP. new source review applications, amendment is for a change in the Response 21: EPA disagrees with the including those at major sources in character of emissions or the release of commenter that the existing SIP requires nonattainment areas. an air contaminant not previously public participation for all minor Response 20: EPA disagrees with the authorized. Further, the revised rules modifications. The existing SIP only commenter. As our proposal explained, require NORI and NAPD public notice requires public participation for new the revised public participation rules for all new minor sources and all permit minor permit applications or renewal submitted on July 2, 2010, either amendments above identified ‘‘de applications. Applications for minor improve upon the existing SIP-approved minimis’’ and ‘‘insignificant’’ permit amendments are only required to public participation requirements or thresholds. For permit amendment go through notice to the extent maintain the status quo for all types of applications with emissions less than determined by the Executive Director. permit applications subject to the these thresholds, the TCEQ justified its Therefore, the commenter is inaccurate

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in the assertion that the existing SIP than the existing SIP requirements and have been made to the final rule as a requires public participation for all cannot be considered a weakening. With result of this comment. minor modifications. the addition of these two thresholds, the Comments Regarding the Minor NSR EPA also disagrees that the new rules TCEQ is now requiring public notice for Public Notice Requirements Specific to submitted July 2, 2010, at 30 TAC all minor permit amendment Two Types of Minor NSR Permit 39.402 create new exemptions from applications above either of the Amendment Applications public participation requirements and thresholds, which is a significant limit public participation to only certain expansion of the minor NSR SIP Comment 22: UT Law Clinic types of minor modifications. The requirements for public participation. commented that ‘‘public participation is revised public participation rules The TCEQ submitted an explanation of necessary to maintain air quality under maintain the existing stringency of the how the thresholds were established the CAA.’’ See 77 FR 74129, 74130 (Dec. SIP requirements for major NSR and that demonstrated the thresholds do not 13, 2012); 60 FR 45530, 45548 (citing 38 new minor stationary sources and impact air quality in Texas. Further, FR 15834, 15836 (1973) and NRDC v. provide more opportunities for public EPA finds that Texas’s ‘‘de minimis’’ EPA, No. 72–1522 (D.C. Cir.) See also 61 participation for minor modifications to and ‘‘insignificant’’ thresholds do not FR 38250, 38276 and 38320. existing facilities. In the following interfere with any applicable Response 22: We agree with the paragraphs we will address each portion requirement concerning attainment and commenter. In fact, TCEQ’s revised of the applicability provisions of the reasonable further progress (as defined regulations for public participation that July 2, 2010 rules as requested by the in section 171), or any other applicable we are approving today increase commenter. requirement of the CAA, as required by opportunities for public involvement in • The public notice requirements at section 110(l). Minor NSR permitting decisions. 30 TAC 39.402(a)(3)(A) do not limit • The requirements at 30 TAC TCEQ’s revised rules require that all public notice. Section 39.402(a)(3)(A) 39.402(a)(3)(D) establish the criteria that applications for new Minor NSR sources requires public notice for any minor the TCEQ Executive Director will use to go through full public notice with the permit amendment application where require public notice for minor permit NORI and NAPD, improve the public there is a change in character of amendment applications that would not notice opportunities for permit emissions or release of an air otherwise go through the public notice amendments, and define and limit contaminant not previously authorized process because the minor permit conditions for use of the Executive under the permit, regardless of whether amendments are below either of the two Director’s discretion. All permit the emissions are below the ‘‘de thresholds. This use of Executive amendment applications now are minimis’’ and ‘‘insignificant’’ Director Discretion is in direct contrast subject to public notice if changes to the thresholds. The current SIP only to the discretion currently provided for permits authorize a change in the requires minor permit amendments to in the Texas SIP. In the SIP-approved character of emissions or a release of an go to notice at the discretion of the public notice rules the Executive air contaminant not previously Executive Director, so even if a minor Director has the discretion to exempt authorized. Permit amendment permit amendment was for an air every minor permit amendment applications that increase emissions contaminant not previously emitted application from public notice. The above either of the two thresholds now there was no requirement for public rules submitted on July 2, 2010, at 30 are subject to public notice. TCEQ’s notice unless the increase in emissions TAC 39.402(a)(3)(D) do not allow for the revised rules enhance public triggered NNSR or PSD. Executive Director to remove a participation by creating tiered, public • With respect to the requirements at requirement, rather these rules provide notice requirements for permit 30 TAC 39.402(a)(3)(B) and a set of criteria for the Executive amendments. Unlike the existing SIP 39.402(a)(3)(C) as submitted on July 2, Director to require additional public regulations, the revised rules now 2010, for minor modifications public notice not already required by the rules. require that most permit amendments go notice is expanded to cover minor This type of director discretion does not through full public notice with the permit amendments that exceed the limit public notice and does not violate NORI and NAPD. But, the new rules specified ‘‘de minimis’’ and the relevant requirements in the CAA retain and refine the TCEQ’s director’s ‘‘insignificant’’ thresholds. While 30 and federal regulations. Further, EPA discretion provisions for minor permit TAC Sections 39.402(a)(3)(B) and views the criteria under which the amendments below the ‘‘de minimis’’ 39.402(a)(3)(C) do establish two Executive Director can require and ‘‘insignificant’’ thresholds. For thresholds below which public additional notice for minor permit these amendments, TCEQ will not participation is not required, the amendments as creating a consistent automatically require an opportunity for establishment of these two thresholds mechanism that will improve public participation. TCEQ justified its actually represent an expansion over the implementation of the Texas minor NSR approach for permit amendment existing SIP-approved public notice permit program. applications with emissions less than requirements for minor permit • The requirements at 30 TAC these thresholds using de minimis amendments. Under the current SIP, 39.402(a)(6) require public notice for principles like those established in minor permit amendment applications permit renewals. There is no federal Alabama Power. regardless of permitted emission rate do requirement for a title I permit renewal, As we explain in Comments/ not go to notice unless required by the so any requirement for public notice of Responses 39–40, Texas tailored the Executive Director. EPA maintains that such a renewal enhances the Texas air scope of its Minor NSR permit program. the establishment of the ‘‘de minimis’’ permitting program and provides Specifically, Texas identified ‘‘de and ‘‘insignificant’’ thresholds provide opportunity for public notice beyond minimis’’ and ‘‘insignificant’’ thresholds opportunities for more minor permit federal requirements. for which review with public amendments to go through public notice For the reasons stated above, EPA participation may or may not be compared to the existing SIP disagrees that the revised public necessary depending on whether the requirements. As explained in previous participation rules submitted July 2, amendment triggers public review Comment/Response 20, these two 2010 create new exemptions from under the specified Executive Director’s categories of thresholds are narrower public notice requirements. No changes criteria. TCEQ has made an adequate

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justification that the Texas tiered public Response 24: The commenter has not concerning such programs. The cited participation program satisfies the shown that the state established ‘‘de proposed rule notes that EPA ‘‘approved provisions of 40 CFR 51.160(e) and minimis’’ and ‘‘insignificant’’ thresholds Oregon’s Minor NSR program 51.161. No changes were made to the under the Texas program are not establishing categories of Minor NSR final rule as a result of this comment. approvable. The commenter cites two permit actions,’’ with differing levels of Comment 23: UT Law Clinic Federal Register notices regarding public review. See 73 FR 72008. The commented that even if Alabama Power ‘‘blanket exemptions’’ from public cited proposed rule also indicates that could be read to give agencies the notice requirements, but does not EPA ‘‘disapproved or gave partial authority to create de minimis explain how the disapproved approval to Minor NSR public exceptions to their regulations, the exemptions worked or compare the participation requirements’’ that did not exceptions created by the Texas rules do disapproved exemptions to the Texas allow a 30-day comment period. See 73 not qualify as de minimis. The actual ‘‘de minimis’’ or ‘‘insignificant’’ FR 72008. The commenter does not modifications that Texas has entirely thresholds. In sum, the commenter did specifically discuss the proposed exempted from public participation are not demonstrate that any previous EPA approval of the Texas public notice not de minimis or environmentally action provides a basis for disapproving provisions or any of the specific insignificant. the submitted revisions to the Texas program approval decisions mentioned Response 23: EPA disagrees with the public participation requirements. in that notice. And the commenter has commenter. EPA recognizes a state’s Despite the commenter’s failure to not shown how or why any of the cited ability to tailor the scope of its Minor describe or explain the relevance of the EPA actions provide any basis for NSR program as necessary to achieve Federal Register citations, EPA has questioning EPA’s approval of the Texas and maintain the NAAQS in accordance reviewed the April 16, 2008, final ‘‘de minimis’’ and ‘‘insignificant’’ with CAA 110(a)(2)(C). EPA has partial approval and partial disapproval thresholds. reviewed the TCEQ’s analysis and action for Nevada referenced by the EPA finds that the commenter failed determined that the state established commenter, and confirmed that it to demonstrate relevancy of the cited provides no basis for disapproving the EPA actions (73 FR 20536, at 20545–46 ‘‘de minimis’’ and ‘‘insignificant’’ Texas program because Nevada’s SIP on April 16, 2008, and at 73 FR 72001, thresholds meet federal requirements. submittal is distinguished from the at 72008 on November 26, 2008) to our EPA’s evaluation of the adequacy of the Texas public participation rules at issue proposed approval of the Texas public State’s demonstration is in our proposal here. In the April 16, 2008 final rule, participation program. However to be at 77 FR 74129, at 74136–74140 and EPA disapproved Nevada’s blanket clear and transparent in our rulemaking, Comments/Responses 39–40 =. The exemption from public notice for we have reviewed the above cited commenter did not provide any specific sources below 100 tons per year (tpy) actions, and the additional actions evidence that disputes the because the State had not provided any internally referenced within the April demonstration provided by Texas, nor demonstration to justify its limitation on 16, 2008 and November 26, 2008 did the commenter provide any the scope of its Minor NSR permitting actions, and present the following alternative metrics the EPA should requirements. Thus, EPA suggested that discussion of each referenced consider when evaluating the scope of the State consider ‘‘lowering the rulemaking and how that rulemaking is the applicability of the ‘‘de minimis’’ or mandatory public notice thresholds either relevant or not relevant to the ‘‘insignificant’’ thresholds submitted by from 100 tons per year.’’ 73 FR 20536, Texas rule at hand. TCEQ. The minor permit amendments at 20546. Contrary to the situation in • 68 FR 2891, January 22, 2003— are still processed pursuant to the SIP- Nevada, the TCEQ has submitted a EPA’s direct final approval of the approved Minor NSR permitting demonstration for both the ‘‘de Oregon Minor NSR program. In that program and will only be issued by the minimis’’ and ‘‘insignificant’’ final rule, EPA approved Oregon’s TCEQ if demonstrated to be protective thresholds. For the small subset of tailoring of public participation of the NAAQS and increment. We note minor permit amendment applications requirements, in which the State created that the ‘‘de minimis’’ and that are below the ‘‘de minimis’’ and four categories of permit actions and ‘‘insignificant’’ thresholds are only used ‘‘insignificant’’ thresholds and are not established public participation criteria to distinguish those minor permit subject to full review, as discussed more for each category. Similar to EPA’s amendment applications that require fully in Comment/Response 39–40, the evaluation of the Oregon public full review, including public notice, TCEQ has demonstrated this tailoring of participation rules, our analysis of the from those that may not. See 77 FR the Minor NSR program is consistent Texas public participation rules has 74138–74139. But the thresholds do not with the CAA and EPA’s regulations. demonstrated that Texas has tailored its affect any part of the technical review of Additionally, the Texas rules provide public participation process in a manner these minor permit amendment for public notice below these thresholds that is consistent with the requirements applications or the requirement to at the discretion of the TCEQ Executive for public participation set forth in 40 comply with other requirements such as Director—which is one of the suggested CFR 51.161 for minor source permits. application of required control remedies provided by EPA for Nevada EPA finds that our basis for this technology, reporting when required to to consider in a subsequent rule change. referenced rule is relevant to support the emissions inventory, and analysis of See id. our final rulemaking. Furthermore, monitoring data. No revisions were EPA also reviewed the other Federal Texas has demonstrated that using the made as a result of this comment. Register notice cited by the commenter, ‘‘de minimis’’ and ‘‘insignificant’’ Comment 24: The EPA has repeatedly the November 26, 2008, proposed thresholds will have no adverse impact refused to fully approve programs that limited approval and limited upon the existing air quality in the State provide a ‘‘blanket exemption’’ from one disapproval in Texas. The section of of Texas. or more public notice requirements of that proposal referenced by the • 65 FR 2042, January 13, 2000— Part 51. The commenter referenced EPA commenter generally highlights the EPA’s final partial approval and partial actions at 73 FR 20536, at 20545–46 on need for public participation programs disapproval of the West Virginia Minor April 16, 2008, and at 73 FR 72001, at to comply with 40 CFR Part 51, and NSR program. In that final action EPA 72008 on November 26, 2008. describes previous EPA rulemakings disapproved a 15-day public comment

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period for some Minor NSR actions rule promulgated a Federal for public participation set forth in 40 because the State did not submit a Implementation Plan (FIP) for tribes in CFR 51.161 for minor source permits. demonstration. This disapproval is not Indian country. In part, the FIP Texas has demonstrated that using the applicable to the Texas public exempted from Minor NSR review two thresholds will have no adverse participation rules. As discussed in our sources with emissions below certain impact upon the existing air quality in December 13, 2012 proposal and permitting levels based on a the State of Texas. No revisions were Comments/Responses 39–40, EPA has demonstration that ‘‘sources with made to the final rule as a result of this received and evaluated the Texas emissions below the thresholds will be comment. demonstration for the ‘‘de minimis’’ and inconsequential to attainment or Comment 25: UT Law Clinic ‘‘insignificant’’ thresholds and maintenance of the NAAQS.’’ 76 FR commented that Texas’s justification for determined that the state’s 38758. Under the approved Texas its de minimis levels in 30 TAC demonstration is consistent with the permitting program, new Minor NSR 39.402(a)(3)(B) is that they referenced Minor NSR requirements and ability to sources and minor modifications will go the EPA SILs and/or a percentage of the tailor a Minor NSR program under the through the SIP-approved permit NAAQS. This is not an adequate CAA and EPA’s regulations. Texas has process and be evaluated by the TCEQ demonstration for purposes of showing demonstrated that using the two with respect to impact on the NAAQS that the exempted permitting changes thresholds will have no adverse impact and increment. For the subset of Minor will have a de minimis impact in terms upon the existing air quality in the State NSR permit amendment applications of ambient air quality in their location. of Texas. that are below the ‘‘de minimis’’ and There is no specific analysis or • 65 FR 2048, January 13, 2000— ‘‘insignificant’’ thresholds as discussed modeling of how these emissions EPA’s limited approval of the Delaware more fully in Comments/Responses 39– increases might impact maintenance of Minor NSR program. In that action, EPA 40, the TCEQ has demonstrated that the NAAQS or the increments, granted limited approval of the using the ‘‘de minimis’’ and particularly in areas that already exceed Delaware Minor NSR public notice ‘‘insignificant’’ thresholds is still or are close to exceeding those limits. provisions because these rules were a protective of NAAQS attainment and Response 25: EPA disagrees with the strengthening of the SIP-approved maintenance. commenter. The TCEQ submitted a public notice requirements. However, sufficient demonstration that using the • 72 FR 45378, August 14, 2007— EPA did not grant a full approval ‘‘de minimis’’ threshold will be EPA’s final rule on revisions to the because Delaware’s submittal provided protective of the NAAQS, as required by a 15-day period to request a public Alaska NSR program. In that notice, CAA 110(a)(2)(C). The comment does hearing for all permitting actions, which EPA approved revisions to the public not add any specific analysis or details conflicts with the 30-day requirement in notice provisions for minor permitting to the record to establish a basis for 40 CFR 51.161(b)(2). See 63 FR 16751, which, for certain types of permits that disapproval, and the commenter at 16753. Such a blanket exemption meet specific requirements, gives the provided no alternative metric EPA applied to all permitting actions with no public 15 days to request a full 30-day should consider when evaluating the demonstration submitted by the state. public comment period on the draft ‘‘de minimis’’ threshold. No revisions But, as discussed in Comments/ permit. Otherwise the state will issue were made to the final rule as a result Responses 39–40, the TCEQ has made a the permit based on the application of this comment. demonstration consistent with the without any opportunity for review and Comment 26: UT Law Clinic requirements for public participation set comment. See 72 FR 5232, at 5235. This commented that Texas’s proffered forth in 40 CFR 51.161 for minor source Alaska program is not the same as the justification for the ‘‘insignificant’’ permits that provides for Texas to tailor Texas program, and therefore not levels in 30 TAC 39.402(a)(3)(C) is also its public participation process for the relevant to our rulemaking on Texas lacking. It is based on unenforceable subset of minor permit amendment public participation. Under the assumptions about where agricultural applications below the ‘‘de minimis’’ approved Texas permitting program, sources covered by the rule will locate and ‘‘insignificant’’ thresholds. Texas new Minor NSR sources or minor in the future and fails to provide an has demonstrated that using the two modifications will go through the SIP- adequate demonstration that such thresholds will have no adverse impact approved permit process and be emissions will not contribute to upon the existing air quality in the State evaluated by the TCEQ with respect to exceedances of the PM NAAQS in El of Texas. Moreover, these thresholds do impact on the NAAQS and increment. Paso. not affect any part of the technical Under the submitted public Response 26: EPA disagrees with the review of these minor permit participation rules, all applications for commenter. The TCEQ submitted a amendment applications; or the new minor sources and the majority of sufficient demonstration in support of requirements to continue to comply minor permit amendment applications the criteria established for applicability with other requirements such as go through full notice and the public is of the ‘‘insignificant’’ threshold, application of appropriate control given the opportunity to review the including an analysis of the effect on the technology, reporting when required to draft permit and the TCEQ’s technical PM NAAQS in El Paso. See 77 FR the emissions inventory, and analysis of analysis. There is no separate 74139. The comment does not add any monitoring data. Further, the requirement on the public to request specific analysis or details to the record discretionary public notice for minor this draft permit like there is in the to establish a basis for disapproval, and permit amendments below the ‘‘de approved Alaska program. For the the commenter provided no alternative minimis’’ and ‘‘insignificant’’ thresholds subset of minor permit amendment metric EPA should consider when does not override any notice or applications that are below the ‘‘de evaluating the applicability of the technical requirements for PSD, NNSR, minimis’’ and ‘‘insignificant’’ thresholds ‘‘insignificant’’ threshold. TCEQ’s or new Minor NSR permit applications. as discussed more fully in Comments/ submittal explains that the • 71 FR 48696, August 21, 2006. This Responses 39–40, the TCEQ has ‘‘insignificant threshold’’ is ‘‘intended is a proposal for EPA’s Tribal NSR Rule, demonstrated that it has tailored its to focus the attention of the public and which was finalized several years later. public participation process in a manner the commission on emission increases See 76 FR 38748 on July 1, 2011. The that is consistent with the requirements that could have a greater potential for

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public interest and questions regarding participation up to the PSD/NNSR Response 29: The Texas rules require impacts to public health and welfare.’’ thresholds. minor permit amendments for non- The submittal also demonstrates that the The August 19, 2010, proposed agricultural facilities that are not subject ‘‘insignificant’’ threshold applies to a disapproval notice for Indiana is not to THSC § 382.020 to provide public limited number of minor amendments at analogous to the July 2, 2010, Texas notice if the state-established ‘‘de facilities (approximately 10% of total public participation submittal. Contrary minimis’’ thresholds are exceeded (0.6 amendment applications) dispersed to the Indiana notice, the July 2, 2010, tpy of lead or 5 tpy of fluorides) and for across the State in 88 counties, many of Texas submittal enhances the SIP by agricultural facilities subject to THSC them in rural areas of west Texas. Due expanding the universe of minor permit § 382.020, if the state-established to the nature and location of the amendments subject to public ‘‘insignificant’’ thresholds are exceeded activities at the relevant agricultural participation. See Comments/Response (25 tpy of fluorides). As explained facilities, we anticipate that using the 20 and 21. Additionally, the TCEQ previously, the State adequately ‘‘insignificant’’ threshold will not provided a demonstration for the justified the scope of its Minor NSR impact nonattainment anywhere in or establishment of the ‘‘insignificant’’ requirements. Moreover, a Minor NSR out of the State. Nevertheless, the Texas thresholds and EPA finds that the permit amendment for a change in rules do provide for public notice for State’s demonstration is adequate. character of emissions or release of an these amendments at the discretion of Please see our proposal and Comment/ air contaminant not previously the TCEQ Executive Director under Response 39–40 for further discussion authorized under these new rules must specified criteria that are consistent about this demonstration from Texas. go through notice. So if the facility, with the goal and purposes of the Act Finally, the Executive Director has either subject to THSC § 382.020 or not, to provide an adequate opportunity for discretion to require public notice for submitted a minor permit amendment informed public participation. Further, any minor permit amendment at application to add emissions of lead or under the approved Texas permitting agricultural facilities that are below the fluorides that were not already program, all Minor NSR sources and ‘‘insignificant’’ threshold. EPA therefore authorized, that amendment now would modifications will go through the SIP- finds that the Indiana rule is not be required to go through notice. approved permit process and be relevant to our rulemaking on the Texas Additionally, the Executive Director has evaluated by the TCEQ with respect to public participation program. No discretion to require notice for any impact on the NAAQS and increment. revisions were made to the final rule as permit amendment that falls below the Therefore the NAAQS and increment a result of this comment. ‘‘de minimis’’ or ‘‘insignificant’’ will continue to be protected. No Comment 28: UT Law Clinic thresholds. Furthermore, no revisions were made to the final rule as commented that the thresholds in 30 modification that is major under the a result of this comment. TAC 39.402(a)(3)(B) exceed those PSD or NNSR requirements is exempt previously rejected by EPA as too high. Comment 27: UT Law Clinic from public participation. UT Law See 77 FR 7531, 7532 on February 13, commented that in the past EPA has Clinic, in referencing ‘‘significance’’ 2012. ‘‘EPA never before denoted disapproved amendments to states’ SIPs levels, is referring to the levels at which emissions increases as high as 15 tons that attempted to relax the public projected emission increases to an per year as ‘‘de minimis’’.’’ participation standards for the minor existing major stationary source exceed stationary sources to the significance Response 28: EPA has reviewed the February 13, 2012, final notice to the level and therefore must undergo level, as Texas does here for certain PSD/NNSR Major permitting agricultural sources. See 75 FR 51188 on partially approve and partially requirements. The Texas public August 19, 2010. disapprove revisions to the Montana participation rules are clear that the ‘‘de Response 27: EPA has reviewed the permitting program. We disagree with referenced August 19, 2010, proposed the commenter that this notice is minimis’’ and ‘‘insignificant’’ thresholds disapproval notice for Indiana. In the relevant to today’s rulemaking on Texas apply only to Minor NSR permit referenced Indiana rule, EPA proposed Public Participation. In the Montana amendments. No revisions were made to to disapprove a submittal from Indiana partial approval and partial disapproval, our final rule as a result of this that would allow pollution prevention EPA disapproved the revisions to the de comment. projects for sources that are not subject minimis permitting thresholds for Comment 30: UT Law Clinic to title V and that do not result in a net asphalt concrete plants and mineral commented that the proposed rules increase in potential emissions above crushers where the de minimis allow increases to occur with no public the PSD/NNSR significance levels to be permitting threshold for those sources oversight even at major sources and processed as minor permit revisions was increased from five tpy to 15 tpy. synthetic minor sources that are already under the Indiana minor operating EPA based our disapproval of the de emitting high levels of emissions and permit provisions; meaning these minimis permitting threshold increase adversely impacting surrounding revisions would be permitted without on lack of a 110(l) demonstration communities. See 77 FR 38557, 38563 public notice. EPA proposed justifying the SIP relaxation. See 77 FR (synthetic minor sources ‘‘should be disapproval of the submitted rules 7531, 7532. Texas has not relaxed its treated for public participation purposes because they weakened the SIP- requirements, and has made an as major sources.’’). Further, the approved requirements without adequate demonstration to justify the commenter states that EPA proposed to adequate support for the SIP relaxation scope of its minor NSR provisions. No approve Texas’ exemption from all and because the state did not provide a revisions were made to the final rule as public participation for modifications, 110(l) demonstration for the additional a result of this comment. including those at major and synthetic modifications to be exempted from Comment 29: UT Law Clinic minor sources; at major sources of notice. The existing Indiana SIP- commented that the Texas rules fail to HAPs; at sources in nonattainment areas approved Minor NSR rules required require public participation for that proposed to increase emissions of public notice for modifications with amendments that exceed the nonattainment pollutants; that alter the emission increases of greater than 25 significance level for fluorides and for terms and conditions of Major NSR and tpy; the proposed rule would have emissions up to the significance level PSD permits, and that allow increases in exempted modifications from public for lead. emissions that are not actually de

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minimis. UT Law Clinic further states notice for most types of minor sources, nonattainment areas and that may cause that the above identified modifications EPA also believes that, with respect to violations of the NAAQS, increments, or exempt from public participation are synthetic minor sources, an exception other control strategy requirements. clearly not de minimis or insignificant should be made to the use of electronic Response 31: This characterization of modifications and Texas has not means as the sole means to notify the the rules is incorrect. Any new major attempted to demonstrate, nor could it, general public of proposed permitting stationary source or major modification that these modifications could be actions. For synthetic minor sources subject to the requirements of NNSR excluded entirely from its Minor NSR . . . we believe that the traditional permitting must go through public permitting program pursuant to 40 CFR means of notification (i.e., newspaper notice using the NORI and NAPD. The 51.160(b). notice) should be included as one of the new rules also require minor permit Response 30: We disagree with the means for notifying the general public of amendment applications to go through commenter’s characterization of the proposed permit actions on the grounds NORI and NAPD if the amendment is submitted thresholds for certain minor that such sources should be treated for for a change in the character of permit amendments. The submitted ‘‘de public participation purposes as major emissions or the release of an air minimis’’ and ‘‘insignificant’’ thresholds sources for which such notice is contaminant not previously authorized. cannot be used for new major sources or required.’’ But EPA did not find the Further, the revised rules require NORI major modifications subject to PSD or Nevada program’s failure to provide and NAPD public notice for all new NNSR requirements. Additionally, newspaper ‘‘notice with respect to minor sources and all minor permit section 112(g) of the CAA regulates synthetic minor sources to be amendments above identified ‘‘de HAPs and this program is not under the significant,’’ and did not propose minimis’’ and ‘‘insignificant’’ auspices of a CAA section 110 SIP; disapproval on this basis. The July 2, thresholds. Moreover, consistent with therefore, regulation of HAPs is outside 2010, Texas public notice submittal the provisions of 51.160(b), the Texas the scope of today’s rulemaking. 77 FR requires newspaper notice for all new Minor NSR permitting provisions 74133. We believe that the commenter major and minor stationary sources, provide that the Executive Director may is indirectly challenging the federal major modifications, and minor permit not issue a permit to any source that rules for determining whether minor or amendments above the ‘‘de minimis’’ would cause or contribute to a NAAQS major NSR SIP requirements apply to a and ‘‘insignificant’’ thresholds. So, from violation. (30 TAC 116.111(a)(2)(A).) proposed change. Under the CAA and that respect, construction of synthetic The July 2, 2010, public participation federal regulations, PSD and minor sources and minor modifications rules do provide that applications for Nonattainment NSR (NNSR) SIP above the ‘‘de minimis’’ and certain minor permit amendments that requirements do not apply to minor ‘‘insignificant’’ thresholds will be are below the ‘‘de minimis’’ and modifications at major stationary required to provide newspaper notice ‘‘insignificant’’ thresholds do not go sources or to minor modifications at consistent with the statements provided through notice, except at the discretion minor sources (including synthetic in our Nevada proposed LA/LD. of the TCEQ Executive Director. minor stationary sources 3). As such, As discussed in Comment/Response However, under the approved Texas EPA’s authority to evaluate Texas’s 39–40, for the small subset of minor permitting program, new Minor NSR submitted Minor NSR program permit amendment applications that are sources and minor modifications will go requirements for approval into the SIP below the ‘‘de minimis’’ and through the SIP-approved permit is limited to the applicable Minor NSR ‘‘insignificant’’ thresholds, the TCEQ process and be evaluated by the TCEQ requirements. By definition, the Texas has demonstrated that this tailoring of with respect to impact on the NAAQS ‘‘de minimis’’ and ‘‘insignificant’’ the scope of the Minor NSR and increment. Therefore, pursuant to thresholds can only apply to minor requirements is consistent with the CAA the Texas SIP at 30 TAC modifications at existing minor and and EPA’s regulations and is protective 116.111(a)(2)(A), the minor permit major stationary sources, i.e., Minor of the NAAQS and maintenance. EPA amendment will only be issued by the NSR requirements. notes that Texas has not proposed to TCEQ if the applicant is able to EPA has reviewed the referenced June exclude entirely from its SIP-approved demonstrate that the amendment will 28, 2012, proposed limited approval and Minor NSR permitting program those not cause violations of the NAAQS, limited disapproval to the Nevada SIP minor permit amendments that fall increment or other provisions of the and disagrees that the cited statement below the ‘‘de minimis’’ and control strategy. The TCEQ will regarding synthetic minor sources is ‘‘insignificant’’ thresholds. Moreover, continue to use the permit review and relevant to the proposed Texas rule. The although the commenter has asserted approval process to protect the NAAQS, referenced comment about synthetic that the Texas thresholds ‘‘exempt from increment and applicable control minor sources being treated as major public participation [modifications that] strategy. No revisions were made to the sources for purposes of public are clearly not de minimis or final rule as a result of this comment. participation was specifically regarding insignificant,’’ it offers no evidence to Comment 32: UT Law Clinic the method in which the public notice support that assertion. In sum, the commented that EPA Region 6 informed is made available for the public— commenter has failed to show that EPA Texas in 2006 that the agency [EPA newspaper notice versus electronic erred in determining that TCEQ Region 6] had identified categories of notice. In this proposed LA/LD for adequately ‘‘justified its approach for Minor NSR permitting actions that are Nevada, EPA stated that ‘‘notice of permit amendment applications with not de minimis, including any change permitting actions may be made by emissions less than’’ the ‘‘de minimis’’ where prospective emission increases means other than traditional newspaper and ‘‘insignificant’’ thresholds. 77 FR by themselves would be a significant 74137. No changes were made to our increase of any pollutant and any 3 A synthetic minor source is an air pollution final rule in response to this comment. emission increases that involve netting source that has the potential to emit air pollutants Comment 31: UT Law Clinic out of major NSR or synthetic minor in quantities at or above the major source commented that the rules do not require certifications. See Attachment A permitting threshold levels, but has accepted federally enforceable limitations (such as permit public participation for increases of (Attachment 3—EPA Letter to Steve restrictions) to keep the emissions below such emissions, such as NOX or VOCs that Hagle Regarding Comments on SIP major source levels. are nonattainment pollutants in revisions for Public Participation,

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August 14, 2006). Texas proposed approach using the de minimis the significance level/rate, then the exemptions from public participation principles like those established in proposed modification to the existing include modifications that fall within Alabama Power. See the June 18, 2010 major stationary source is minor. Under the categories EPA has expressly Texas Register, pages 5224–5230. the Texas NSR SIP, this minor identified as not de minimis. Therefore, we are approving the Minor modification can be authorized by a Response 32: The commenter NSR ‘‘de minimis’’ and ‘‘insignificant’’ minor permit amendment or another references the August 14, 2006, thresholds. The commenter has failed to SIP-approved minor NSR mechanism comment letter from Mr. David Neleigh, dispute the demonstration provided by such as a PBR or SP. Under the rules EPA Region 6 Air Permits Section Chief, Texas. EPA believes that the NAAQS approved today, full public to Mr. Steve Hagle of the TCEQ on the and increment will continue to be participation for a minor permit proposed public participation rules at protected because the TCEQ still must amendment is required unless the that time [the rules upon which EPA follow the SIP-approved permitting change is below either the ‘‘de minimis’’ initially proposed LA/LD in 2008 and process. If EPA discovers evidence to or ‘‘insignificant’’ thresholds. Therefore, withdrew after TCEQ adopted and support the determination that the the public now will have an opportunity submitted revised rules in July 2010]. TCEQ were found to be misapplying the to review the netting calculations and This letter identifies previous Minor NSR SIP permit rules or an comment upon them in the Texas public rulemakings and interprets those applicant is found to be using the public participation process for all rulemakings to portray the position notice ‘‘de minimis’’ and ‘‘insignificant’’ amendments resulting in emissions noted by the commenter. However, that thresholds in an attempt to circumvent increases above the two thresholds and position is not actually articulated in any NSR requirements, then EPA or the for amendments below the thresholds if the rulemakings that the letter cites. See public could address this the Executive Director so requires. Comment/Response 24. Consequently, implementation failure on a permit Under the federal NSR SIP rules, the the letter fails to accurately represent specific basis or other CAA remedy requirements for a modification to a EPA’s official position. EPA’s official mechanism such as a failure to minor existing stationary source are position is reflected in today’s final implement action. No revisions were very different from those described action. made to the final rule as a result of this above for a modification to a major Under the Texas program, all comment. existing stationary source. The proposed construction of major stationary sources Comment 33: UT Law Clinic change can be above the major NSR must go through full major NSR review commented that the Texas rules allow significance levels but regardless still is including public participation. All sources to use a netting process to defined under the federal SIP rules, as major modifications to existing major or determine their total emission increases a minor modification. This proposed minor stationary sources must go without any public oversight and allow change would only be required to be through full major NSR review them to calculate those emissions permitted under the major NSR SIP including public participation. All increases taking into consideration requirements if the proposed increase in construction of new minor stationary voluntary, unenforceable control emissions is the same as the emission sources must go through full Minor NSR technologies. rate for a major stationary source. review including public participation. Response 33: EPA believes that the EPA recognizes the public’s role in a All minor modifications to existing commenter may be misconstruing/ viable major NSR SIP permitting major or minor stationary sources must misunderstanding the EPA NSR SIP program is to review and comment on go through full Minor NSR review, and rules. The federal Major NSR SIP the netting calculations to hold the include public participation unless they requirements allow a state to provide for permitting authority accountable. For meet either the ‘‘de minimis’’ or a netting process to determine if a instance, project netting—wherein a ‘‘insignificant’’ thresholds. There is a proposed modification to an existing source calculates the projected increases slim chance under the ‘‘insignificant’’ major stationary source is major or for the project simultaneously with threshold that a minor modification minor. First, this netting process takes decreases from other projects—before approaching the synthetic minor limit into consideration the control determining if the project itself is may not require public participation. technologies that will be applied to the significant, is a circumvention of NSR Nevertheless, the state has demonstrated proposed change. (The control SIP requirements. Project netting is not that using the ‘‘insignificant’’ threshold technology assumption must be made provided for in the approved Texas NSR will not allow interference with the enforceable through the issuance of the SIP permitting program, nor is it NAAQS. Besides demonstrating that permit for the netting process to meet provided for in the Texas public notice using the two thresholds will not result the NSR SIP requirements.) Next, one rules acted upon today. If EPA discovers in any violation of the NAAQS or any looks to what are the emission increases evidence to support the determination control strategy, the State has included of the proposed modification by itself. If that the TCEQ were found to be a consistent mechanism that gives the emission increases of the proposed misapplying the NSR SIP permit rules constrained authority to the Executive modification by itself are above the or an applicant to be using the ‘‘de Director to require public participation significance level, then the minimis’’ and ‘‘insignificant’’ thresholds for minor permit amendments that contemporaneous window is evaluated in an attempt to circumvent major NSR would otherwise be below one of the to see if there is a net increase of applicability, then EPA or the public two thresholds. emissions considering all other could address this implementation As explained in Comments/Responses increases and decreases. If the failure on a permit specific basis or 39–40, permitting authorities have the calculation of the netting is above the other CAA remedy mechanism such as discretion to tailor the Minor NSR significance levels, then the proposed a failure to implement action. No permit program. The TCEQ has modification to the existing major revisions were made to the final rule as developed the ‘‘de minimis’’ and stationary source is major and is subject a result of this comment. ‘‘insignificant’’ thresholds, and for to full public participation. Therefore, Comment 34: UT Law Clinic minor permit amendment applications the public can comment upon the commented that Texas facilities are with emissions less than these netting calculations if they so choose. If already using the rules, as adopted in thresholds, the TCEQ justified its the calculation of the netting is below Texas, to avoid public participation for

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changes such as authorizing participation for certain Minor NSR public notice unless the change is below maintenance, startup, and shutdown permit amendment applications with either the ‘‘de minimis’’ or emissions, which are clearly not de emissions below the ‘‘de minimis’’ or ‘‘insignificant’’ thresholds. The minimis. ‘‘insignificant’’ thresholds. However, commenter appears to be indirectly Response 34: Under the rules being because these Minor NSR permit challenging the federal SIP rules for approved today, where the inclusion of amendment applications must continue how one determines applicability for MSS emissions constitutes a major to be reviewed and processed through major and Minor NSR; concerns modification subject to PSD or NNSR the SIP-approved permit process, the regarding major and minor NSR permitting then the facility must go TCEQ will continue to issue permits applicability are outside the scope of through full public notice with the protective of the NAAQS. If EPA this rulemaking. Our action taken today NORI and NAPD. Under the rules being discovers evidence to support the approving the ‘‘de minimis’’ and approved today, MSS emissions that determination that the TCEQ were ‘‘insignificant’’ thresholds, does not constitute a minor modification can be found to be misapplying the Minor NSR prohibit all public participation for all included in a minor permit amendment SIP permit rules or an applicant using modifications. We are approving an that must go through full public notice the ‘‘de minimis’’ and ‘‘insignificant’’ exemption from public participation unless the change is below either the thresholds in an attempt to circumvent only for certain minor permit ‘‘de minimis’’ or ‘‘insignificant’’ any NSR requirements, then EPA or the amendments that meet either of the two thresholds. There are other SIP- public could address this thresholds; TCEQ has demonstrated that approved permit mechanisms available implementation failure on a permit use of either of these two thresholds for including minor MSS emissions; specific basis or other CAA remedy will not affect attainment or these include permit alterations, permits mechanism such as a failure to maintenance of the NAAQS. By by rule, and standard permits. Each of implement action. No revisions were definition, the Texas public notice these three permitting mechanisms is made to the final rule as a result of this exemptions for minor permit outside the scope of this public comment. amendments below the public notice participation rulemaking action. In the Comment 36: UT Law Clinic event the facility chooses to use a minor commented that EPA proposes to ‘‘de minimis’’ and ‘‘insignificant’’ permit amendment, then the minor approve rules that allow significant thresholds can only apply to minor permit amendment will be subject to increases in emissions and changes to modifications at existing minor and notice if the emission increases terms and conditions of NSR and PSD major stationary sources. Under the associated with the minor permit permits without any public CAA and federal regulations, PSD and amendment exceed the ‘‘de minimis’’ or participation. NNSR SIP requirements do not apply to ‘‘insignificant’’ thresholds. The TCEQ Response 36: EPA disagrees with the minor modifications at major stationary Executive Director also has commenter. Construction of any new sources or to minor modifications at discretionary authority to require public major stationary source must go through minor sources. As such, EPA’s authority notice for those minor permit public notice. Any major modification to evaluate Texas’s submitted Minor amendment applications that are below must go through public notice. NSR exemptions for approval into the the ‘‘de minimis’’ and ‘‘insignificant’’ Construction of any new minor SIP is limited to the applicable Minor thresholds and would not otherwise stationary source must go through NSR requirements. No revisions were receive full notice. Again, this process is public notice. Minor modifications to made to the final rule in response to this an improvement over the existing SIP- minor or major stationary sources must comment. approved process that requires no go through public notice except for Comment 37: UT Law Clinic public notice for minor permit those below the ‘‘de minimis’’ or commented that EPA’s approval of the amendments. It also does not interfere ‘‘insignificant’’ thresholds. And the state Texas rules in 30 TAC 39.402(a)(3), with any applicable requirement has demonstrated that minor permit would exempt permits by rule (PBRs) concerning attainment and reasonable amendment applications using the from SIP public participation further progress, or any other applicable established ‘‘de minimis’’ or requirements. By utilizing a PBR to requirement of the Act. CAA 110(l). ‘‘insignificant’’ thresholds will not affect authorize increases in emissions, Also, the permit process itself ensures NAAQS attainment or maintenance. The sources thereby avoid public that the emissions are permitted and rules address public participation only participation for Minor NSR changes enforceable. No revisions were made to and do not address increases in that should be subject to at least 30-day the final rule as a result of this permitted emissions. Under the federal notice and comment. If EPA finalizes its NSR SIP program, there can be what is comment. proposed approval, there would not Comment 35: UT Law Clinic defined as ‘‘significant emission appear to be any provisions in the SIP commented that the provisions increases’’ that fall under the Minor governing public participation for PBRs. submitted by Texas at 30 TAC 39.402 NSR SIP requirements, not the Major Commenter also submitted information exempt large categories of modifications NSR SIP requirements. It is only when about how the PBR program works. that have the potential to violate the SIP there is a ‘‘significant emission and interfere with attainment or increase’’ to an existing major stationary Response 37: The Permit by Rule maintenance. source that this increase falls under the program at 30 TAC Chapter 106 is Response 35: EPA disagrees with the Major NSR SIP requirements. If the outside the scope of today’s rulemaking. commenter. The TCEQ did not submit increase is to a minor stationary source EPA approved the PBR program into the and EPA did not evaluate any and yet is above the ‘‘significant SIP such that the initial development provisions to exempt new sources or emission increase,’’ the federal rules and adoption of a PBR goes to public modifications (whether major or minor) allow this change to be authorized notice, but the individual issuance or from permit requirements. Our action is through the Minor NSR SIP program. authorization of a PBR to a facility is solely regarding the public notification Therefore, under the action taken today, exempt from public notice. See 68 FR process in the Texas air permitting under the Texas SIP, minor 64543. The July 2, 2010 submittal does program. As explained previously, the modifications to major or minor not change our SIP-approval of the PBR submitted rules do not require public stationary sources must go through program.

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Comment 38: UT Law Clinic i. A commenter opposed the proposal Texas’s public participation program requested that EPA disapprove the to drop requirements for States to notify meets 40 CFR 51.161(d). provisions at 30 TAC 39.402. EPA of permitting actions for all minor For the second comment that the Response 38: As explained in sources and for all sources outside regulations at 40 CFR 51.161(a) and (b) previous Comments/Responses we do nonattainment areas [§ 51.161(d)] on the plainly set minimum public not agree that the provisions at 30 TAC grounds that new source review is a participation requirements, EPA 39.402 are inconsistent with federal central part of the prevention of reviewed the submitted rules against all requirements or represent a weakening significant deterioration (PSD) and the the requirements of 40 CFR 51.160 and of the existing SIP-approved air quality maintenance plan process 51.161. They cannot be read in isolation requirements. No changes have been and that notification is needed for EPA but in conjunction with each other. made to the final rule as a result of this oversight. The provisions governing The Federal requirements for Minor comment. PSD procedures, § 51.24, require States NSR permit applications and public to notify EPA of permitting actions for notice requirements at 40 CFR 51.160 Comments Regarding the Minimum and 161 generally require 30 days Federal Requirements for Public major sources outside nonattainment areas. The deletion from § 51.161(d) did public review for all sources subject to Participation and EPA’s Use of Alabama Minor NSR; however, these Power de minimis Principles not affect those requirements, only the notification requirements for minor requirements also allow a state to Comment 39: UT Law Clinic sources. identify the types and sizes of facilities, commented that the regulations at 40 ii. However, EPA agrees that where buildings, structures, or installations, CFR 51.161(a) and (b) plainly set State or local agency review of new or which will require full preconstruction minimum public participation modified minor sources is required, it review by justifying the basis for the requirements. These regulations state should be notified of permitting action state’s determination of the proper 4 that the SIP ‘‘must’’ require the for such sources. scope of its program. Importantly, our opportunity for public comment and iii. The very fact that such sources are decision to approve a state’s scope of its that ‘‘as a minimum’’ the comment subject to review indicates that it would Minor NSR program must consider the period must last 30 days. The be appropriate to require that EPA be individual air quality concerns of each commenter also provided the regulatory notified of permitting actions on such jurisdiction, and therefore will vary language and history of 40 CFR 51.161 sources for oversight purposes. from state to state. EPA recognizes a state’s ability to to support the statement that rules iv. Moreover, a large number of minor tailor the scope of its Minor NSR regarding notice and public sources could have a significant program as necessary to achieve and participation apply to all permitting cumulative effect on air quality. maintain the NAAQS. See 76 FR at actions. v. Thus, under the authority of 1. In 1983, EPA proposed to 38756 (EPA regulation creating minor sections 110 and 301 of the Act, the restructure and revise the SIP source program for Indian country, proposed § 51.16l(d) has been modified preparation regulations. See recognizing that CAA 110(a)(2)(c) so that it now is essentially identical to Restructuring SIP Preparation provides discretion in developing a existing § 51.18(h)(4). Hence, EPA will Regulations, 48 FR 46152 (Oct. 11, minor source program ‘‘so long as the require reporting of all State permitting 1983). NAAQS are protected.’’). As explained actions, as required in the existing SIP a. Among other things, the proposed in our proposal at 77 FR 74129, at regulations. rule moved the regulations for notice 74136–74140 and Comment/Response and public participation from 40 CFR The commenter states that EPA’s prior 40, TCEQ’s submittal appropriately 51.18 to §§ 51.160 and 51.161. interpretation [the 1983–1986 tailored application of the Minor NSR b. Additionally, EPA proposed to rulemaking history of 40 CFR 51.161 permitting requirements. TCEQ narrow the scope of the requirement cited above] makes clear that the explained its approach of setting the (then contained in 40 CFR 51.18(h)(4)) regulations apply to ‘‘all State two thresholds using de minimis that forced ‘‘States to notify EPA of all permitting actions.’’ If the EPA wants to principles like those established in air permitting actions pertaining to new omit minor sources from the notice and Alabama Power. Under TCEQ’s tiered sources or modification to existing public participation requirements, it program, all new Minor NSR sources’’ to only apply to ‘‘major must go through the notice and construction permits and the majority of sources in nonattainment areas, . . . or comment process. Finally, the Minor NSR permit amendments go for lead, those sources covered under commenter states that the narrowing of through full public notice. § 5l.l(k)(2).’’ 48 FR at 46156. the universe of permit modifications Finally, there is no narrowing of the c. In the proposal, EPA explained that that go through public notice is universe of permit modifications that go the change was due to the fact that it inconsistent with 40 CFR 51.160– through public notice; rather there is an ‘‘primarily needs permitting information 51.161. expansion for minor modifications. from only major new sources or major Response 39: EPA does not find this Please see Comments/Responses 20 and modifications of existing sources in comment on the 1986 rulemaking 21. No changes were made to the final nonattainment areas.’’ relevant. In the quoted language in the rule as a result of this comment. 2. In 1986, EPA finalized the 1986 final rulemaking, EPA focused on Comment 40: UT Law Clinic restructuring and revision of the SIP the requirement in 40 CFR 51.161(d) to commented that EPA cannot use preparation regulations. 51 FR 40656. notify EPA of minor permitting actions. Alabama Power to justify creating a. In response to comments in As the commenter indicates, EPA exemptions from its own regulations. opposition to the proposal to narrow the ultimately decided to retain that scope of the notice standard, EPA notification to EPA requirement for 4 For example, under the federal Tribal NSR dropped the proposal and kept the Minor NSR state permitting actions regulations, EPA did not require permits for sources original language largely in place when requiring public notice. Secondly, EPA with emissions below de minimis levels, and for sources in ‘‘insignificant source categories’’. 76 FR it moved 40 CFR 51.18(h)(4) to received no specific comments during 38748, at 38755. In sum, under these Tribal NSR § 51.16l(d). our rulemaking on the Texas Public regulations, some sources are not required to obtain b. The final rule explained: Participation program as to whether permits, and have no public notice requirements.

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Response 40: Consistent with the change will assure noninterference with recognized the right of businesses to requirement for ‘‘determining which attainment and maintenance of the make claims of confidentiality in facilities will be subject to review’’ NAAQS and that the proposed minor submitting information to its agencies under a minor source SIP at 40 CFR modification will comply with all CAA (see, e.g., FOIA, 5 U.S.C. 552(b)(4) 5; see 51.160, EPA has recognized that states and Minor NSR requirements. Further, also 18 U.S.C. 1805 6; see also 40 CFR may tailor their Minor NSR permitting neither of Texas’s thresholds affects any 2.203 7), the Clean Air Act has made requirements. EPA is not relying on part of the technical review of these clear that ‘‘emission data’’ contained in Alabama Power to ‘‘creat[e] exemptions minor permit amendment applications, records held by EPA are not entitled to from its own regulations.’’ Instead, EPA and they do not override any notice or confidential treatment and shall be is using an inquiry similar to that used technical requirements for PSD, NNSR publicly available (see CAA section in Alabama Power—whether there is a or new Minor NSR permit applications. 114(c) 8; see also 40 CFR 2.302 9). The ‘‘de minimis’’ impact—in applying its In this instance, we find that the Texas Open Records Act (adopted 1973, SIP regulations and regulating permit Texas ‘‘de minimis’’ and ‘‘insignificant’’ and as amended May 27, 1975) and amendments to determine whether the thresholds are approvable. However, we Texas Attorney General Opinion No. H– submitted Texas rules meet the Act and note that our approval is limited to the 539 were submitted by Texas and EPA regulations. Texas established a specific record before us and in the approved by EPA as part of the Texas ‘‘de minimis’’ threshold based on its context of the Texas air permitting SIP on December 15, 1981, at 46 FR ‘‘insignificant emissions rates and program as a whole. No changes were 61124–61125 to show that the Texas insignificant emissions impact.’’ See 77 made to the final rule as a result of this environmental agency is required to FR at 74138. Similarly, Texas comment. make emissions data available to the established an ‘‘insignificant’’ threshold Comment 41: UT Law Clinic public. This Act was repealed in 1993 for agricultural sources based on their commented that the D.C. Circuit and replaced by the Public Information limited effects. See 77 FR 74139. recently affirmed that implied authority Act now codified in the Texas As explained in our proposal at 77 FR is not available for a situation ‘‘where Government Code at Chapter 552. The 74129, at 74136–74140, the submitted the regulatory function does provide codification of the Act was a non- Texas public participation provisions benefits, in the sense of furthering the substantive revision. If a state agency create a tiered program, wherein two regulatory objectives, but the agency wishes to withhold information from narrow types of Minor NSR amendment concludes that the acknowledged the public, it must request an opinion applications that have been defined by benefits are exceeded by the costs.’’ from the Texas Attorney General that TCEQ as ‘‘de minimis’’ or Response 41: We agree that Alabama the requested information falls within ‘‘insignificant’’ will not automatically be Power does not confer the one of the enumerated exceptions. This required to go through the public notice administrative authority to create is necessary because the Texas Act process. As noted, the State justified the exemptions to requirements based on a presumes that governmental records are scope of its regulatory program using de cost-benefit analysis. Alabama Power, open to the public unless the records are minimis principles like those 636 F.2d at 357 and 361. However, within one of the exceptions.10 The established in Alabama Power. EPA’s approval of Texas’s ‘‘de minimis’’ Attorney General is required to construe Moreover, Texas limits the effects of and ‘‘insignificant’’ thresholds is not the Act liberally in favor of open applying the two thresholds by based on a cost-benefit analysis, but government.11 The governing Texas law, providing for public notice for minor rather based on Texas’s demonstration Texas Attorney General Opinion No. H– permit amendments that would that using either of the thresholds will 539 (dated February 26, 1975) and part otherwise be exempt at the discretion of not have an adverse impact on the of the Texas SIP, held that ‘‘emission the TCEQ Executive Director based on existing air quality in the State of Texas. data supplied to the Texas Air Control the objective criteria established in 30 See our proposal at 77 FR 74129, at Board may not be treated as confidential TAC 39.402(a)(3)(D). For EPA’s full 74136–74140 and Comments/Responses under any provision of the Texas Clean analysis of Texas’s demonstration for 39 and 40 for additional information on Air Act or the Open Records Act, and the ‘‘de minimis’’ and ‘‘insignificant’’ the adequacy of Texas’s demonstration. that the Board is required to release thresholds, please see our proposal at 77 No changes were made to the final rule such information upon request.’’ FR 74129, at 74136–74140. There is a as a result of this comment. Although not believed to be part of the full discussion of the two thresholds in Comments Regarding Confidential the proposal and how Texas analyzed 5 FOIA’s longstanding exemption for ‘‘trade Information their impacts; how the ‘‘de minimis’’ secrets and commercial or financial information threshold is based on EPA’s significant Comment 42: UT Law Clinic obtained from a person and privileged or commented that EPA should require confidential.’’ emission rates and significant impact 6 Making it a crime for federal employees to levels that together are used to Texas to amend its rules as necessary to disclose confidential information ‘‘in any manner or determine whether a proposed minor ensure that all emissions data that is to any extent not authorized by law.’’ source or minor modification will have included with permit applications is 7 EPA regulation on the ‘‘method of asserting a significant permitting impact; and made available for the entire public business confidentiality claim.’’ 8 Requiring records to be available to the public, how the ‘‘insignificant’’ threshold comment period. unless they are confidential and not ‘‘emission applies to a limited subcategory of Response 42: As explained in our data.’’ Disclosure to the public is similarly sources, is limited in scope, represents proposal FRN, the accompanying TSD mandated for ‘‘emission data’’ in the context of a small subset of the permit amendment and in today’s final rule, the Texas rules automobile manufacturing under Title II. See CAA for public participation for air quality section 208(c). universe, and is consistent with the 9 ‘‘Special rules governing information obtained requirement to ensure the NAAQS are permit applications are consistent with under the Clean Air Act’’ and defining the term achieved. the federal requirement at 40 CFR emission data. Note that applicability of the ‘‘de 51.161 that the information submitted 10 See Attorney General Opinion H–436 (1974); minimis’’ and ‘‘insignificant’’ thresholds by the applicant be made available for Open Records Decision Nos. 363 (1983), 150 (1977), in no way relieve the applicant or the public review and inspection during the 91 (1975). 11 Open Records Decision No. 363 (1983) TCEQ of the technical burden to applicable public comment period. (information is public unless it falls within specific demonstrate that the proposed minor While the federal government has long exception).

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SIP, a Texas Attorney General Opinion implementation of the Texas SIP and is • Comment 44A: The Texas Health No. H–836 (dated June 14, 1976) affirms, not relevant to the particular public and Safety Code prohibits the TCEQ ‘‘emissions data is clearly public participation rules being acted upon from disclosing to the public of any information’’ (even in acknowledging today. The public participation rules information ‘‘relating to secret processes that information ‘‘on amount, type and acted upon today maintain the SIP’s or methods of manufacture or rate of emissions from a particular unit public participation requirements for production that is identified as might enable a person to determine how major NSR and expand the SIP’s public confidential when submitted.’’ the process itself functions’’). There has participation requirements for minor TEX.HEALTH & SAFETY CODE been continual reaffirmation of the NSR. The availability of emissions data § 382.041. It also prohibits TCEQ from bright-line rule that emission data is is not the subject of these rules. As disclosing such information to EPA non-confidential. See Attorney General discussed previously in Comment/ unless EPA has entered into an Open Record Rulings from 2005 to 2010. Response 42, the Texas NSR public agreement to treat ‘‘information The EPA has therefore determined participation SIP rules already require identified as confidential as though it through our review of the July 2, 2010, that emissions data be made available had been submitted by the originator of submitted public participation rules and for public review during the comment the information with an appropriate the relevant Texas legislative authorities period. The Texas relevant legal claim of confidentiality under federal and governing Attorney General authorities in the SIP and later continue law.’’ Id. This section unlawfully Opinion No. H–836, that the Texas rules to affirm that emissions data is not requires TCEQ to defer to an applicant’s already require that emissions data be confidential and must be released to the or permittee’s determination of what made publicly available. If EPA public. If EPA discovers evidence to constitutes confidential information. It discovers evidence to support the support the determination that the limits public and EPA access to determination that the TCEQ or permit TCEQ or permit applicants are information, such as emissions data, applicants are misapplying the SIP rules misapplying the existing Texas NSR that is public information under the in an attempt to prevent the public from public participation SIP rules in an federal Clean Air Act. It also purports to having a meaningful opportunity to attempt to prevent the public from require EPA to agree to limits on public comment on emissions data, then EPA having a meaningful opportunity to disclosure of information beyond those could address this issue on a permit by comment on emissions data, then EPA limits authorized by federal law. permit basis using its oversight could address this issue on a permit by • Comment 44B: Further, in practice, authority in implementation of the permit basis using its oversight this provision results in TCEQ referring Texas air permit program or other CAA authority in implementation of the any and all requests for information remedy mechanism such as a failure to Texas air permit program or other CAA marked by the applicant as confidential implement action. No revisions were remedy mechanism such as a failure to to the Texas AG’s office. Often a made to the final rule as a result of this implement action. No changes were response from the AG’s Office as to comment. made to today’s final rule as a result of whether information truly qualifies as Comment 43: UT Law Clinic this comment. confidential cannot be obtained until it commented that current Texas law gives Comment 44: The UT Law Clinic also is too late to use the information for its the applicant for an air permit the sole submitted portions of a supplement to a intended purpose. It is routine for authority to initially determine the petition filed in 2009 by the commenter companies to mark as confidential confidentiality of materials in its own and other groups that raises concerns information regarding their calculations application and requires TCEQ to seek with Texas CBI laws and public of emission estimates, therefore, an opinion from the Texas AG before participation. preventing the public from determining disclosing any information labeled as Response 44: EPA disagrees that the whether such emissions are realistic. confidential by an applicant. As a result, submitted portions of the January 5, Æ Response 44A and 44B: EPA nonconfidential information that is 2009 Supplement (Supplement to disagrees with the commenter that this necessary to provide full public Citizen Petition for Action Pursuant to issue is relevant to EPA’s approval of participation on an application and that the Clean Air Act Regarding the public participation rules as is required to be available in a public Inadequacies of the Texas Sip and submitted July 2, 2010. As outlined in location during the full public comment Federal Operating Permit Program and Comment/Response 42 and 43, the EPA period may be unavailable until after Failure to Enforce the Plan and State considers that ‘‘emissions data’’ as the close of a comment period. Further, Permitting Programs) relating to defined in 40 CFR 2.302 must be Texas’ rules do not ensure that confidential document and CBI are publicly available information pursuant emissions data labeled as confidential relevant to the public participation to the Texas SIP and relevant legal information will be made available for rulemaking in front of us. EPA reviewed authorities. If EPA discovers evidence to public comment before the 30-day the resubmitted 2009 petition support the determination that the comment period expires. The supplement and the associated TCEQ or permit applicants are withholding of emissions data as attachments. We isolated the following misapplying the Texas SIP rules in an confidential also creates a problem with discrete comments relating to attempt to prevent the public from respect to the enforceability of minor confidential documents and CBI. We are having a meaningful opportunity to NSR limits created through permits by responding to each of these comments comment on emissions data, then EPA rule. This compounds the public below to demonstrate that the petition, could address this issue on a permit by participation issue because, even after petition supplement and relevant permit basis using its oversight the fact, affected communities will not attachments are no longer applicable to authority in implementation of the be able to find out what changes were the July 2, 2010 public participation SIP Texas air permit program or other CAA authorized by a minor permit. submittal that we are approving in remedy mechanism such as a failure to Response 43: The concerns raised by today’s final action. Further, our implement action. No revisions were the commenter about the application of responses to the following comments made to the final rule as a result of this the Texas CBI laws are outside the scope satisfy EPA’s obligations to respond on comment. of today’s rulemaking. This concern these specific issues from the 2009 Comment 45: UT Law Clinic raises issues regarding the petition supplement. commented that the face of Texas’

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public notices do not identify the date problems with the Texas public through the NORI and NAPD, regardless that the public comment period closes. participation process, some of which of a public hearing request. This Instead, the notice normally states that will be exacerbated by EPA’s approval. requirement will ensure that the draft the comment period ends a certain Response 47: EPA disagrees that the minor permit is available for review and number of days after publication. submitted portions of the August 28, comment. The revised rules also require Response 45: EPA agrees that having 2008 petition (Citizen Petition for minor permit amendment applications a specific date would assist the public Action Pursuant to the CAA Regarding to go through NORI and NAPD if the in easily identifying the close of the Inadequacies of the Texas SIP and amendment is for a change in the comment period. However, there is no Federal Operating Permit Program and character of emissions or the release of federal requirement for a date specific Failure to Enforce the Plan and State an air contaminant not previously end date to be included in the public Permitting Programs) and the January 5, authorized, or if the amendment notice. The Texas public notice 2009 Supplement (Supplement to exceeds the public notice ‘‘de minimis’’ requirements specifying a 30-day Citizen Petition for Action Pursuant to or ‘‘insignificant’’ thresholds. No comment period meets the minimum the Clean Air Act Regarding changes were made to the final rule as federal requirements at 40 CFR 51.161 Inadequacies of the Texas Sip and a result of this comment. and 51.166 as applicable. No revisions Federal Operating Permit Program and • Comment 47B: EPA has informed were made to the final rule as a result Failure to Enforce the Plan and State Texas that its public participation rules of this comment. Permitting Programs) relating to public are not consistent with Part 51. participation are relevant to the Deficiencies in the rules include that Comments Regarding Judicial Review rulemaking in front of us. EPA reviewed public notice is not required for all Comment 46: The UT Law Clinic the resubmitted 2008 petition, 2009 permit amendments, and initial and commented that the current petition supplement, and the associated amended flexible permits. Chapter requirements to participate in a attachments. We isolated the following 116.116(b) amendments and flexible contested case hearing in Texas are discrete comments relating to public permit issuances and amendments, overly burdensome and therefore participation. We are responding to each including those that may alter terms and provide inadequate judicial review of of these comments below to conditions of existing major NSR air permitting decisions. Judicial review demonstrate that the petition, petition authorizations, are not required to meet of the TCEQ’s air permitting decisions supplement and relevant attachments Part 51 notice requirements unless appears to be limited to persons who are no longer applicable to the July 2, emissions exceed certain thresholds. participated in a contested case hearing. 2010 public participation SIP submittal These thresholds are not Friends of Canyon Lake, Inc. v. that we are approving in today’s final environmentally insignificant. Guadalupe-Blanco River Auth., 96 action. Further, our responses to the Æ Response 47B: The commenter is SW.3d 519, 526–27 (Tex. App.-Austin following comments satisfies EPA’s referencing EPA’s proposed limited 2002, pet. denied); see also, Rawls v. obligations to respond on these specific approval/limited disapproval of the TCEQ, 2007 WL 1849096 (Tex. App.- issues from the 2008 petition and 2009 Texas public participation program Eastland 2007). In order to qualify for a petition supplement. published on November 26, 2008. EPA contested case hearing, a member of the • Comment 47A: EPA has informed withdrew our proposed LA/LD on public must satisfy TCEQ’s definition of Texas that its public participation rules November 5, 2010, after the TCEQ ‘‘an affected person.’’ Since a person are not consistent with Part 51. adopted and submitted revised public must request a contested case hearing Deficiencies in the rules include that the participation rules. The July 2, 2010 before seeking judicial review of an air notice of the draft permit is not required public participation submittal included permitting decision, the availability of for many permitting actions involving revised public participation procedures judicial review for a large percentage of minor sources or minor modifications at specific to applications for initial and air permitting actions at TCEQ is major sources. Texas’ rules do not amended flexible permits. As explained limited. require public notice and comment on in Comment/Response 6, EPA is taking Response 46: The Texas Contested the State’s preliminary analysis and no action at this time on the public Case Hearing (CCH) process is outside draft permits for permitting actions participation rules submitted on July 2, the scope of our proposed rulemaking involving construction or modification 2010, applicable to Flexible Permit for the July 2, 2010 public participation of minor sources, or for minor applications. Insofar as this comment submittal. The TCEQ did not submit the modifications at major sources if a concerns permit amendments not CCH process for SIP review and public hearing is not requested in related to Flexible Permits, as explained approval, therefore EPA is not taking response to the ‘‘first notice,’’ or is in Comments/Responses 17–19, the action on the CCH process in this withdrawn, or the application involves revised rules require full public notice action. No revisions were made to the no increase in allowable (rather than for all permit amendments above final rule as a result of this comment. actual) emissions or emissions of new identified public notice ‘‘de minimis’’ contaminants. and ‘‘insignificant’’ thresholds. No Comments Regarding Past Public Notice Æ Response 47A: This comment is no changes were made to the final rule as Inadequacies longer relevant. The commenter is a result of this comment. Comment 47: UT Law Clinic referencing EPA’s proposed limited • Comment 47C: EPA has informed commented that approval of these rules approval/limited disapproval of the Texas that its public participation rules [July 2, 2010 public participation rules] Texas public participation program are not consistent with Part 51. would exacerbate public participation published on November 26, 2008. EPA Deficiencies in the rules include the inadequacies that Texas communities withdrew our proposed LA/LD on notice of draft permit not required for have complained about for years. To November 5, 2010, after the TCEQ all Plantwide Applicability Limit (PAL) illustrate the past inadequacies, the UT adopted and submitted revised public Permits and agency preliminary Law Clinic also submitted portions of a participation rules. The rules submitted determinations. In addition, Texas’ rules petition filed in 2008 and a supplement as revisions to the Texas SIP on July 2, do not require the agency to respond to to the petition filed in 2009 by the 2010, require that all permit comments before taking action on PAL commenter and other groups that raises applications for new minor sources go applications.

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Æ Response 47C: This comment is no from public participation requirements rules that were submitted on July 2, longer relevant. The commenter is if ‘‘there is no indication that operation 2010. These rules, which are the subject referencing EPA’s proposed limited of the facility at the proposed new of today’s final action, require most approval/limited disapproval of the location will significantly affect ambient minor permit amendment applications Texas public participation program air quality and no indication that go through full public notice with both published on November 26, 2008. EPA operation of the facility at the proposed a NORI and NAPD publication. Under withdrew our proposed LA/LD on new location will cause a condition of this current scenario, the public would November 5, 2010, after the TCEQ air pollution.’’ have the opportunity to review a draft adopted and submitted revised public Æ Response 47F: The commenter is permit. No changes were made to the participation rules. The rules submitted referencing EPA’s proposed limited final rule as a result of this comment. as revisions to the Texas SIP on July 2, approval/limited disapproval of the • Comment 47H: EPA should take the 2010, require that all permit Texas public participation program following action on the Texas SIP applications for PAL permit published on November 26, 2008. EPA submittals for Public Participation: (1) applications go through NAPD notice. withdrew our proposed LA/LD on Concurrently propose disapproval of This requirement will ensure that the November 5, 2010, after the TCEQ Texas’ current SIP submittal and draft PAL permit is available for review adopted and submitted revised public disapproval, pursuant to § 7410(k)(5), of and comment. The revised public participation rules. The July 2, 2010 Texas’ SIP approved public participation rules also require that the public participation submittal included participation rule. Both disapprovals are TCEQ will respond to all comments revised public participation procedures necessary to start the sanctions clock received before a PAL permit is issued. specific to portable facilities and and ensure that Texas complies with 40 No changes were made to the final rule relocation of portable facilities. As CFR Part 51; and (2) in the alternative, as a result of this comment. explained in Comment/Response 6, EPA concurrently propose limited approval • Comment 47D: EPA has informed is taking no action at this time on the and disapproval of Texas SIP submittal. Texas that its public participation rules public participation rules submitted on The limited approval should require are not consistent with Part 51. July 2, 2010, applicable to portable Texas to use authority under Tex. Deficiencies in the rules include that facilities. No changes were made to the Health and Safety Code § 382.056(p) to Texas’ rules and exhaustion of final rule as a result of this comment. provide 30 days notice and opportunity administrative remedies requirements • Comment 47G: Texans are not given to comment on all draft permits; and limit state court judicial appeals. notice of the TCEQ’s actual decision and should specify rule changes required to Æ Response 47D: This comment is no the documentation supporting that assure Part 51 notice for all permitting longer relevant. The commenter is decision. Without adequate notice of an actions. Final action on the limited referencing EPA’s proposed limited agency’s proposed permitting action, approval and limited disapproval approval/limited disapproval of the subsequent participation opportunities should occur at the same time to ensure Texas public participation program are often meaningless. An example is that the sanctions clock is started. published on November 26, 2008. EPA Texas’ notice for refinery Maintenance, Æ Response 47H: This comment is no withdrew our proposed LA/LD on Startup and Shutdown (MSS) permits. longer relevant. The commenter November 5, 2010, after the TCEQ At the time of public notice, the TCEQ requested these actions in August 28, adopted and submitted revised public had not yet decided how to act on the 2008, as remedies for perceived participation rules on July 2, 2010. See applications, and had not yet even inadequacies in the Texas public Comment/Response 46 above for a decided the process for determining participation provisions that were in discussion of judicial review. No which applications might trigger federal effect at the time. Since the August 28, changes were made to the final rule as NSR. Yet despite this lack of 2008, petition EPA has proposed limited a result of this comment. information, the public notice period approval/limited disapproval of the • Comment 47E: EPA has informed ran and the opportunity for public state rules in question. As a result of the Texas that its public participation rules participation was closed. Clearly, this is proposed limited approval/limited are not consistent with Part 51. not effective notice. disapproval, the TCEQ adopted revised Deficiencies in the rules include that the Æ Response 47G: This comment is no public participation rules and submitted De Minimis Facilities rules at 30 TAC longer relevant. The commenter is those for SIP review and approval on 116.119 allow the agency to exempt referencing provisions of the previous July 2, 2010. The previous version of the categories of sources, as well as Texas public participation rules that rules was withdrawn from our individual facilities, from permitting were the subject of EPA’s proposed consideration and is no longer in effect. and public participation requirements limited approval/limited disapproval on The analysis in our proposed approval without first requiring SIP approval of November 26, 2008. Under this previous of the July 2, 2010, public notice those exemptions. version of the state public participation submittal and the accompanying TSD Æ Response 47E: The TCEQ has not rules submitted to EPA for approval as provides our rationale for full approval submitted the provisions for permitting part of the SIP, MSS emissions that were of the revised public participation rules of De Minimis Facilities at 30 TAC major modifications subject to PSD/ as consistent with minimum federal 116.119 for SIP review. Therefore, NNSR permitting were required to requirements of the CAA and 40 CFR public participation requirements follow the public participation 51.160—51.166. No changes were made relevant to permitting under 30 TAC requirements for PSD/NNSR. However, as a result of this comment. 116.119 are outside the scope of today’s if the MSS emissions were minor, these Comment 48: UT Law Clinic also final action. No changes were made to emissions could be authorized through resubmitted comments it provided on the final rule as a result of this a minor permit amendment. Under January 26, 2009 regarding EPA’s comment. these submitted rules, the applications proposed limited approval/limited • Comment 47F: EPA has informed for minor permit amendments were only disapproval of the Texas Public Texas that its public participation rules required to go through the NORI Participation program. are not consistent with Part 51. publication so the public would not Response 48: EPA disagrees that the Deficiencies in the rules include that the have had the opportunity to review a submitted portions of the January 5, TCEQ can exempt relocation of a facility draft permit. The TCEQ adopted revised 2009 Supplement (Supplement to

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Citizen Petition for Action Pursuant to revised public participation rules. the July 2, 2010 SIP submittal and the Clean Air Act Regarding However it is important to note that therefore are outside the scope of Inadequacies of the Texas Sip and EPA can only evaluate for SIP approval today’s rulemaking. EPA disapproved Federal Operating Permit Program and those provisions that are submitted for the Texas Qualified Facility program on Failure to Enforce the Plan and State review and approval by the state and April 14, 2010 (see 75 FR 19468). Texas Permitting Programs) relating to public our evaluation is limited to whether the revised the Qualified Facility program participation are relevant to the state’s submittal complies with the and resubmitted for SIP review and rulemaking in front of us. EPA reviewed relevant requirements in the CAA and approval on October 5, 2010, and EPA the resubmitted 2009 petition federal regulations. CAA 110(k)(3). The will act on that submittal in a separate supplement and isolated the following commenter is correct that there are rulemaking. The Qualified Facility discrete comments relating to public several avenues in the Texas NSR SIP program was submitted separate from participation. We are responding to each through which a permit can be the public participation submittal of of these comments below to modified—for minor sources and minor July 2, 2010, and is therefore outside the demonstrate that the petition modifications, they are minor permit scope of today’s rulemaking. The supplement is no longer applicable to amendments, standard permits, permits commenter is correct that the de the July 2, 2010 public participation SIP by rule and permit alterations. The minimis permitting provisions (as submittal that we are approving in commenter is also correct that only a previously noted these are in the Texas today’s final action. Further, our minor permit amendment application state rules at 30 TAC 116.119) have responses to the following comments goes through public notice and never been submitted to EPA for review satisfy EPA’s obligations to respond on comment on an individual case-by-case and approval into the SIP; and are these specific issues from the 2009 permit basis, if the minor modification therefore outside the scope of today’s petition supplement. is above either of the ’’de minimis’’ or rulemaking. The current Texas NSR SIP • Comment 48A: UT Law Clinic ‘‘insignificant’’ thresholds or is for a requires that any increase in emissions commented that EPA’s recent public change in character of emissions or requires a permit to construct or modify. participation proposal [November 26, release of an air contaminant not No changes were made to the final rule 2008 proposed LA/LD] provides an previously authorized under the permit. as a result of this comment. example of the difficulty in dealing with EPA has previously evaluated and SIP- • Comment 48B: A thorough review one piece of the Texas program without approved the Texas Standard Permit of Texas’ statutory and regulatory law a comprehensive evaluation of the (SP) program at 30 TAC Chapter 116, affecting public participation is the only entire program. UT Law Clinic noted Subchapter F and the Texas Permit by way to ensure that Texas actually that, while they largely agree with EPA’s Rule (PBR) program at 30 TAC Chapter implements a public participation assessment of the public participation 106 as consistent with minimum federal program that is consistent with the Act. rules it analyzed, the proposal fails to requirements, including public EPA cannot merely assume Texas will comprehensively evaluate whether participation at 40 CFR 51.160–51.161, implement only those public Texas’ whole program meets federal for minor NSR. The minor NSR SP and participation provisions that are SIP public participation requirements. PBR SIP programs require the TCEQ to approved. There are a number of Texas rules that develop the base SP or PBR through a Æ Response 48B: As discussed allow sources to authorize new public notice and comment procedure, previously, EPA’s authority to review emissions and emission increases but the individual uses of the SP or PBR and approve revisions to SIPs is limited without meeting minimum federal do not go through notice. We note that to the provisions that are submitted. public participation requirements of even though the commenter has CAA 110(k)(3). EPA reviews the TCEQ’s Part 51. 40 CFR Part 51. These include: concerns about the application of the statutory authority to ensure TCEQ has de minimis air contaminants, permits by minor NSR SP or PBR SIP programs in the authority to adopt, implement, and rule, alterations, qualified facilities and Texas, these provisions have not been enforce the submitted provisions, be standard permits. Some of these rules, submitted as part of the July 2, 2010 they in the form of rules, orders, control such as those regarding alterations, have public participation package and are not measures, etc., and that its authority has already been approved into the SIP before EPA for review. Therefore, the been properly exercised. TCEQ also despite their suffering from the same public participation provisions for the submits a particular statutory provision illegalities identified by EPA in the minor NSR SP and PBR SIP programs for inclusion in the SIP if there is no current SIP public participation are outside the scope of today’s corresponding rule, measure, or order proposal. These provisions should be rulemaking, as is the implementation of for implementation. In this action, we removed from the SIP. Others, such as these two programs.12 13 Permit thoroughly reviewed the rules those regarding de minimis emissions, alterations have been SIP-approved at submitted to us for approval as part of have never been submitted for SIP 30 TAC 116.116 as a method to the SIP and their associated statutory approval, yet are currently implemented streamline the permit revisions process provisions. The submitted rules stand by TCEQ. A true evaluation of whether for specified types of revisions. The on their own and do not require us to Texas public participation requirements permit alteration provisions at 30 TAC include the statutory provisions as part meet federal standards necessitates a 116.116 were not submitted as part of of the Texas NSR SIP. No changes were review of the public participation made to the final rule as a result of this requirements applicable to all minor 12 EPA SIP-approved the Texas Standard Permit comment. and major permitting actions. process and public participation process on • Comment 48C: TCEQ’s mailing lists Æ Response 48A: This comment is not November 14, 2003, as adopted by the TCEQ on are inadequate. Texas maintains mailing December 16, 1999 (see 68 FR 64543). EPA also SIP- relevant to today’s final rulemaking. The approved revisions to the public participation lists for those persons who wish to commenter provided these comments process for the development of standard permits on receive mailed notice of TCEQ based on EPA’s November 26, 2008, September 17, 2008, as adopted by the TCEQ on permitting actions. Such lists, however, proposed limited approval/limited September 20, 2006 (see 73 FR 53716). are inadequate for most purposes. The 13 EPA SIP-approved the Texas Permit by Rule disapproval, which was subsequently process on November 14, 2003 (see 68 64543) as public can either be placed on a mailing withdrawn on November 5, 2010 after adopted by the TCEQ on August 9, 2000 and March list to receive notice of all permitting the TCEQ adopted and submitted 7, 2001. actions for all media in a county, or it

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can be placed on a mailing list for a Paragraphs 7(a) and 7(b) of Board Order • is not a significant regulatory action particular permit number. TCEQ does 87–09. In this final action we are also subject to Executive Order 13211 (66 FR not offer the option of being placed on revising the table at 40 CFR 52.2270(e) 28355, May 22, 2001); a mailing list for a facility or source, to reflect these approvals. • is not subject to requirements of which is what most members of the Consistent with the analysis section 12(d) of the National public would be interested in. Being presented in our December 13, 2012, Technology Transfer and Advancement placed on a list for all applications in a proposed notice and the accompanying Act of 1995 (15 U.S.C. 272 note) because county results in receiving a flood of TSD, our final action does not include application of those requirements would notices. Being on a list for a specific the following provisions submitted on be inconsistent with the Clean Air Act; permit may deprive the public of notice and July 2, 2010: 30 TAC Sections • of action on other permits and 39.402(a)(4), 39.402(a)(5), 39.402(a)(10), does not provide EPA with the authorizations related to the facility or 39.402(a)(12), 39.419(e)(3), 39.420(h). discretionary authority to address, as of new permits for the facility. appropriate, disproportionate human Æ These provisions remain before EPA Response 48C: There are no federal and will be addressed in a separate health or environmental effects, using requirements for a permitting authority rulemaking. practicable and legally permissible to maintain mailing lists or to provide methods, under Executive Order 12898 Additionally, our final action does not targeted mailings with respect to either (59 FR 7629, February 16, 1994). include 30 TAC Sections specific activities or facilities. In addition, this rule does not have 116.111(a)(2)(K) and 116.116(b)(3), as Therefore, any mailing lists maintained tribal implications as specified by submitted on October 25, 1999. These by the TCEQ go beyond minimum Executive Order 13175 (65 FR 67249, provisions were returned to the TCEQ federal requirements. However, we November 9, 2000), because the SIP is on June 29, 2011, because they are continue to encourage the TCEQ to not approved to apply in Indian country outside the scope of the Texas SIP. listen to public feedback on the mailing located in the state, and EPA notes that list and revise the procedures and IV. Statutory and Executive Order it will not impose substantial direct options accordingly to ensure that the Reviews. costs on tribal governments or preempt mailing lists are serving the public as tribal law. Under the Clean Air Act, the intended. No changes were made to the The Congressional Review Act, 5 Administrator is required to approve a final rule as a result of this comment. U.S.C. 801 et seq., as added by the Small SIP submission that complies with the Business Regulatory Enforcement III. Final Action provisions of the Act and applicable Fairness Act of 1996, generally provides After careful consideration of the federal regulations. 42 U.S.C. 7410(k); that before a rule may take effect, the comments received and the responses to 40 CFR 52.02(a). Thus, in reviewing SIP agency promulgating the rule must each comment provided above, and submissions, EPA’s role is to approve submit a rule report, which includes a under section 110 and parts C and D of state choices, provided that they meet copy of the rule, to each House of the the Act, EPA is approving the following the criteria of the Clean Air Act. Congress and to the Comptroller General revisions to the Texas SIP: Accordingly, this action merely of the United States. EPA will submit a • 30 TAC Section 116.312 and the approves state law as meeting Federal report containing this action and other repeal of 30 TAC Section 116.124 as requirements and does not impose required information to the U.S. Senate, submitted on July 22, 1998. additional requirements beyond those the U.S. House of Representatives, and • 30 TAC Sections 39.411(a); imposed by state law. For that reason, the Comptroller General of the United 39.418(b)(4); 55.152(b); 116.111(b); this action: States prior to publication of the rule in 116.114(a)(2), (a)(2)(A), (a)(2)(B), (b)(1), • Is not a ‘‘significant regulatory the Federal Register. A major rule and (c)(1)–(3); 116.116(b)(4); and action’’ subject to review by the Office cannot take effect until 60 days after it 116.312 as submitted on October 25, of Management and Budget under is published in the Federal Register. 1999. Executive Order 12866 (58 FR 51735, This action is not a ‘‘major rule’’ as • 30 TAC Sections 39.402(a)(1)–(3), October 4, 1993); defined by 5 U.S.C. 804(2). (a)(6); 39.405 (f)(3) and (g), (h)(1)(A), • does not impose an information Under section 307(b)(1) of the Clean (h)(2)–(h)(4), (h)(6), (h)(8)–(h)(11), (i) collection burden under the provisions Air Act, petitions for judicial review of and (j); 39.407; 39.409; 39.411(e)(1)– of the Paperwork Reduction Act (44 this action must be filed in the United (4)(A)(i) and (iii), (4)(B), (5)(A) and (B), U.S.C. 3501 et seq.); States Court of Appeals for the (6)–(10), (11)(A)(i), (iii) and (iv), (11)(B)– • is certified as not having a appropriate circuit by March 7, 2014. (F), (13) and (15), and (f)(1)–(8), (g) and significant economic impact on a Filing a petition for reconsideration by (h); 39.418(a), (b)(2)(A), (b)(3) and (c); substantial number of small entities the Administrator of this final rule does 39.419(e); 39.420(c)(1)(A)–(D)(i)(I) and under the Regulatory Flexibility Act (5 not affect the finality of this action for (II), (D)(ii), (c)(2), (d)–(e); 39.601; 39.602; U.S.C. 601 et seq.); the purposed of judicial review nor does 39.603; 39.604; 39.605; 55.150; it extend the time within which a • does not contain any unfunded 55.152(a)(1), (2), (5) and (6); 55.154(a), petition for judicial review may be filed, mandate or significantly or uniquely (b), (c)(1)–(3) and (5), (d)–(g); 55.156(a), and shall not postpone the effectiveness affect small governments, as described (b), (c)(1), (e) and (g); 116.114(a)(2)(B), of such rule or action. This action may in the Unfunded Mandates Reform Act (a)(2)(C), (c)(2) and (c)(3); and 116.194(a) not be challenged later in proceedings to and (b) as submitted on July 2, 2010. of 1995 (Pub. L. 104–4); • enforce its requirements. (See section • 30 TAC Section 116.194 as adopted does not have federalism 307(b)(2).) January 11, 2006 and resubmitted on implications as specified in Executive March 11, 2011. Order 13132 (64 FR 43255, August 10, List of Subjects in 40 CFR Part 52 Note that EPA is approving provisions 1999); Environmental protection, Air at 30 TAC 39.411(f)(8)(A) and • is not an economically significant pollution control, Carbon monoxide, 39.605(1)(D) that will replace two regulatory action based on health or Incorporation by reference, provisions of the Texas SIP, found in safety risks subject to Executive Order Intergovernmental relations, Lead, the Texas PSD SIP Supplement at 13045 (62 FR 19885, April 23, 1997); Nitrogen dioxide, Ozone, Particulate

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matter, Reporting and recordkeeping ■ a. Amend the table in paragraph (c) E—Public Comment and Public requirements, Sulfur oxides, Volatile by: Meetings’’ followed by new entries for organic compounds. ■ i. Adding a new centered heading sections 55.150, 55.152, 55.154, and ‘‘Chapter 39—Public Notice’’ followed Dated: November 25, 2013. 55.156; by a new centered heading ‘‘Subchapter ■ Ron Curry, iii. Revising the entries for sections H—Applicability and General 116.111, 116.114, 116.116, and 116.312; Regional Administrator, Region 6. Provisions’’ followed by new entries for and removing the entry for section sections 39.402, 39.405, 39.407, 39.409, 40 CFR part 52 is amended as follows: 116.124; and adding an entry for 39.411, 39.418–39.420 in numerical 116.194 in numerical order. order; and adding a new centered PART 52—APPROVAL AND ■ heading for ‘‘Subchapter K—Public b. Amend the second table in PROMULGATION OF Notice of Air Quality Applications’’ paragraph (e) by revising the entry for IMPLEMENTATION PLANS followed by entries for sections 39.601– ‘‘Revisions for Prevention of Significant 39.605. Deterioration and Board Orders No. 85– ■ 1. The authority citation for part 52 ■ ii. Immediately following the newly 07, 87–09, and 88–08’’. continues to read as follows: added entry for Section 39.605 by The revisions and additions read as Authority: 42 U.S.C. 7401 et seq. adding a new centered heading follows: ‘‘Chapter 55—Requests for § 52.2270 Identification of plan. Subpart SS—Texas Reconsideration and Contested Case Hearings; Public Comment’’ followed by * * * * * ■ 1. In § 52.2270: a new centered heading for ‘‘Subchapter (c) * * *

EPA APPROVED REGULATIONS IN THE TEXAS SIP

State ap- State citation Title/subject proval/sub- EPA approval date Explanation mittal date

*******

Chapter 39—Public Notice

Subchapter H—Applicability and General Provisions

Section 39.402 ...... Applicability to Air Quality Permits and 6/2/2010 1/6/2014 [Insert FR SIP includes 39.402(a)(1)–(3), and Permit Amendments. page number (a)(6). where document begins]. Section 39.405 ...... General Notice Provisions ...... 6/2/2010 1/6/2014 [Insert FR SIP includes 39.405(f)(3) and (g), page number (h)(1)(A), (h)(2)–(h)(4), (h)(6), (h)(8)– where document (h)(11), (i) and (j). begins]. Section 39.407 ...... Mailing Lists ...... 9/2/1999 1/6/2014 [Insert FR page number where document begins]. Section 39.409 ...... Deadline for Public Comment, and Re- 6/2/2010 1/6/2014 [Insert FR quests for Reconsideration, Contested page number Case Hearing, or Notice and Com- where document ment Hearing. begins]. Section 39.411 ...... Text of Public Notice ...... 6/2/2010 1/6/2014 [Insert FR SIP includes 39.411(a), 39.411(e)(1)– page number (4)(A)(i) and (iii), (4)(B), (e)(5)(A), where document (e)(5)(B), (e)(6)–(10), (e)(11)(A)(i), begins]. (e)(11)(A)(iii), (e)(11)(A)(iv), (e)(11)(B)–(F), (e)(13), (e)(15), (f)(1)– (8), (g), and (h). Section 39.418 ...... Notice of Receipt of Application and In- 6/2/2010 1/6/2014 [Insert FR SIP includes 39.418(a), (b)(2)(A), (b)(3) tent to Obtain Permit. page number and (c). where document begins]. Section 39.419 ...... Notice of Application and Preliminary 6/2/2010 1/6/2014 [Insert FR SIP includes 39.419(e) (e)(1) and (e)(2). Determination. page number where document begins]. Section 39.420 ...... Transmittal of the Executive Director’s 6/2/2010 1/6/2014 [Insert FR SIP includes 39.420(c)(1)(A)–(D)(i)(I) Response to Comments and Decision. page number and (D)(i)(II), (D)(ii), (c)(2), and (d)– where document (e). begins].

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EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued

State ap- State citation Title/subject proval/sub- EPA approval date Explanation mittal date

Subchapter K– Public Notice of Air Quality Applications

Section 39.601 ...... Applicability ...... 6/2/2010 1/6/2014 [Insert FR page number where document begins]. Section 39.602 ...... Mailed Notice ...... 6/2/2010 1/6/2014 [Insert FR page number where document begins]. Section 39.603 ...... Newspaper Notice ...... 6/2/2010 1/6/2014 [Insert FR page number where document begins]. Section 39.604 ...... Sign-Posting ...... 6/2/2010 1/6/2014 [Insert FR page number where document begins]. Section 39.605 ...... Notice to Affected Agencies ...... 6/2/2010 1/6/2014 [Insert FR page number where document begins].

Chapter 55—Requests for Reconsideration and Contested Case Hearings; Public Comment

Subchapter E—Public Comment and Public Meetings

Section 55.150 ...... Applicability ...... 6/14/2006 1/6/2014 [Insert FR page number where document begins]. Section 55.152 ...... Public Comment Period ...... 6/2/2010 1/6/2014 [Insert FR SIP includes 55.152(a)(1), (a)(2), (a)(5), page number (a)(6), and (b). where document begins]. Section 55.154 ...... Public Meetings ...... 6/2/2010 1/6/2014 [Insert FR SIP includes 55.154(a), (b), (c)(1)–(3) page number and (5), and (d)–(g). where document begins]. Section 55.156 ...... Public Comment Processing ...... 6/2/2010 1/6/2014 [Insert FR SIP includes 55.156(a), (b), (c)(1), (e) page number and (g). where document begins].

******* Section 116.111 ...... General Application ...... 8/21/2002 1/6/2014 [Insert FR The SIP does not include paragraphs page number (a)(2)(K). where document begins]. Section 116.114 ...... Application Review Schedule ...... 6/2/2010 1/6/2014 [Insert FR page number where document begins]. Section 116.116 ...... Changes to Facilities ...... 9/15/2010 1/6/2014 [Insert FR The SIP does not include 116.116(b)(3) page number and 116.116(e). where document begins].

******* Section 116.194 ...... Public Notification and Comment ...... 6/2/2010 1/6/2014 [Insert FR page number where document begins].

******* Section 116.312 ...... Public Notification and Comment Proce- 9/2/1999 1/6/2014 [Insert FR dures. page number where document begins].

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EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued

State ap- State citation Title/subject proval/sub- EPA approval date Explanation mittal date

*******

* * * * * (e) ** *

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP

State sub- Name of SIP provision Applicable geographic or mittal/effec- EPA approval date Comments nonattainment area tive date

******* Revisions for Prevention Statewide ...... 12/11/85, 06/4/92, 57 FR 28098 Ref 52.2299(c)(73). of Significant Deteriora- 10/26/87, For Board Order 87–09, the provisions at para- tion and Board Orders 9/29/88 graphs 7(a) and 7(b) have been replaced by No. 85–07, 87–09, and EPA’s SIP-approval of 30 TAC 39.411(f)(8)(A) 88–08. and 39.605(1)(D). See 1/6/14 [Insert FR page number where document begins]

*******

* * * * * high-ozone season. The State included a based upon the State’s earlier [FR Doc. 2013–30229 Filed 1–3–14; 8:45 am] technical demonstration with the demonstration of noninterference. BILLING CODE 6560–50–P August 15, 2013, SIP revision DATES: This rule is effective February 5, demonstrating that the less-stringent 2014. RVP in these Areas would not interfere ADDRESSES: EPA has established a ENVIRONMENTAL PROTECTION with continued maintenance of the 1997 docket for this action under Docket AGENCY 8-hour ozone NAAQS or any other Identification No. EPA–R04–OAR– 40 CFR Part 52 applicable standard. Approval of the 2013–0564. All documents in the docket State’s August 15, 2013, SIP revision is are listed on the www.regulations.gov [EPA–R04–OAR–2013–0564; FRL–9905–09- a prerequisite for EPA’s consideration of Web site. Although listed in the index, Region 4] an amendment to the regulations to some information is not publicly available, i.e., Confidential Business Approval and Promulgation of remove the Maintenance Plan Areas from the list of areas that are currently Information or other information whose Implementation Plans; Florida: Non- disclosure is restricted by statute. Interference Demonstration for subject to the Federal 7.8 psi RVP requirements. EPA has determined that Certain other material, such as Removal of Federal Low-Reid Vapor copyrighted material, is not placed on Pressure Requirement Florida’s August 15, 2013, SIP revision with respect to the revised modeling the Internet and will be publicly AGENCY: Environmental Protection and associated technical demonstration, available only in hard copy form. Publicly available docket materials are Agency (EPA). and with respect to the use of updated available either electronically through ACTION: Final rule. models, is consistent with the www.regulations.gov or in hard copy at applicable provisions of the Clean Air SUMMARY: EPA is approving the State of the Regulatory Development Section, Act (CAA or Act). Should EPA decide Florida’s August 15, 2013, State Air Planning Branch, Air, Pesticides and to remove the subject portions of the Implementation Plan (SIP) revision to Toxics Management Division, U.S. Maintenance Plan Areas from those the State’s approved maintenance plans Environmental Protection Agency, addressing the 1997 8-hour ozone areas subject to the 7.8 psi Federal RVP Region 4, 61 Forsyth Street SW., national ambient air quality standards requirements, such action will occur in Atlanta, Georgia 30303–8960. EPA (NAAQS). Florida’s revision provides a subsequent rulemaking. Also, on requests that if at all possible, you updated modeling and demonstrates November 29, 2012, Florida requested contact the person listed in the FOR that the Southeast Florida, Tampa Bay removal of the existing SIP references to FURTHER INFORMATION CONTACT section to and Jacksonville areas would continue the previously-implemented inspection schedule your inspection. The Regional to maintain the 1997 8-hour ozone and maintenance programs in the Office’s official hours of business are NAAQS if the currently applicable Maintenance Plan Areas. Based upon a Monday through Friday, 8:30 to 4:30 Federal Reid Vapor Pressure (RVP) noninterference demonstration provided excluding federal holidays. standard for gasoline of 7.8 pounds per by the State, EPA previously approved FOR FURTHER INFORMATION CONTACT: square inch (psi) was modified to a less revisions to remove the emission Sean Lakeman, Regulatory Development stringent standard of 9.0 psi for reduction credits associated with this Section, Air Planning Branch, Air, Broward, Dade, Duval, Hillsborough, program from the SIP. Through this Pesticides and Toxics Management Palm Beach and Pinellas Counties action, EPA is now removing the Division, U.S. Environmental Protection (hereafter also referred to as the specific SIP references to the defunct Agency, Region 4, 61 Forsyth Street ‘‘Maintenance Plan Areas’’) during the inspection and maintenance program SW., Atlanta, Georgia 30303–8960. The

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telephone number is (404) 562–9043. Maintenance Plan Areas when they 22, 1989 (54 FR 11868), that set Mr. Lakeman can be reached via were subsequently designated maximum limits for the RVP of gasoline electronic mail at lakeman.sean@ unclassifiable/attainment for the sold during the high-ozone season. epa.gov. subsequent 1997 8-hour ozone NAAQS 1 These regulations constituted Phase I of SUPPLEMENTARY INFORMATION: and then designated unclassifiable/ a two-phase nationwide program, which attainment for the revised 2008 8-hour was designed to reduce the volatility of Table of Contents ozone NAAQS. See 77 FR 30088, May commercial gasoline during the high- I. Background of the Areas 21, 2012. However, the Maintenance ozone season. On June 11, 1990 (55 FR II. What is the history of the gasoline Plan Areas were required to submit a 23658), EPA promulgated more volatility requirement? 10-year maintenance plan under section stringent volatility controls as Phase II III. Background of the Motor Vehicle 110(a)(1) of the CAA for the 1997 8-hour of the volatility control program. These Inspection Program ozone NAAQS.2 As required, these requirements established maximum IV. This Action 110(a)(1) maintenance plans provide for RVP standards of 9.0 psi or 7.8 psi V. Final Action continued attainment and maintenance (depending on the State, the month, and VI. Statutory and Executive Order Reviews of the 1997 8-hour ozone NAAQS for at the area’s initial ozone attainment I. Background of the Areas least 10 years from the effective date of designation with respect to the 1-hour these areas’ designation as attainment ozone NAAQS during the high-ozone On November 6, 1991 (56 FR 56694), season). EPA designated the Southeast Florida for the 1997 8-hour ozone NAAQS. These plans also include components The 1990 CAA Amendments area (i.e., Broward, Dade and Palm established a new section, 211(h), to Beach counties) as Moderate; the demonstrating how each area will continue to attain the 1997 8-hour ozone address fuel volatility. Section 211(h) Jacksonville area (i.e., Duval County) as requires EPA to promulgate regulations Transitional; and the Tampa area (i.e., NAAQS, and provide contingency measures should the area violate the making it unlawful to sell, offer for sale, Hillsborough and Pinellas counties) as dispense, supply, offer for supply, Marginal nonattainment areas for the 1- NAAQS. Florida’s ozone redesignation requests and maintenance plans for the transport, or introduce into commerce hour ozone NAAQS. Among the gasoline with an RVP level in excess of requirements applicable to Maintenance Plan Areas did not seek removal of the 7.8 psi RVP standard, 9.0 psi during the high-ozone season. nonattainment areas for the 1-hour Section 211(h) prohibits EPA from ozone NAAQS was the requirement to and as such, these areas remain subject to the 7.8 psi RVP standard per the establishing a volatility standard more meet certain volatility standards (known stringent than 9.0 psi in an attainment as Reid Vapor Pressure or RVP) for terms of their approved respective 110(a)(1) maintenance plans. area, except that EPA may impose a gasoline sold commercially. See 55 FR lower (more stringent) standard in any 23658 (June 11, 1990). As discussed in II. What is the history of the gasoline former ozone nonattainment area greater detail below, as part of the RVP volatility requirement? redesignated to attainment. requirements associated with these On August 19, 1987 (52 FR 31274), On December 12, 1991 (56 FR 64704), nonattainment designations, gasoline EPA determined that gasoline EPA modified the Phase II volatility sold in the 1-hour ozone nonattainment nationwide had become increasingly regulations to be consistent with section areas could not exceed 7.8 psi RVP volatile, causing an increase in 211(h) of the CAA. The modified during the high-ozone season months. evaporative emissions from gasoline- regulations prohibited the sale of Following implementation of the 7.8 powered vehicles and equipment. gasoline with an RVP above 9.0 psi in psi RVP requirement in the Southeast Evaporative emissions from gasoline, all areas designated attainment for Florida, Jacksonville and Tampa areas, referred to as VOC, are precursors to the ozone, beginning in 1992. For areas each area was redesignated to formation of tropospheric ozone and designated as nonattainment, the attainment for the 1-hour ozone NAAQS contribute to the nation’s ground-level regulations retained the original Phase II (60 FR 41 (January 3, 1995); 60 FR ozone problem. Exposure to ground- standards published on June 11, 1990 10326 (February 24, 1995); and 60 FR level ozone can reduce lung function (55 FR 23658). 62748 (December 7, 1995), respectively). As stated in the preamble to the Phase Included with Florida’s redesignation (thereby aggravating asthma or other respiratory conditions), increase II volatility controls and reiterated in requests, the State submitted the the proposed change to the volatility required 1-hour ozone monitoring data susceptibility to respiratory infection, and may contribute to premature death standards published in 1991, EPA will and maintenance plans ensuring that rely on states to initiate changes to these areas would remain in attainment in people with heart and lung disease. The most common measure of fuel EPA’s volatility program that they of the 1-hour ozone standard for at least volatility that is useful in evaluating believe will enhance local air quality a period of 10 years (consistent with gasoline evaporative emissions is RVP. and/or increase the economic efficiency CAA section 175A(a)). The maintenance Pursuant to section 211(c) of the CAA, of the program within the limits of CAA plans submitted by Florida followed 3 EPA promulgated regulations on March section 211(h). In those rulemakings, EPA guidance for maintenance areas EPA explained that the Governor of a subject to section 175A of the CAA. 1 Effective June 15, 2004, Broward, Dade, Duval, State may petition EPA to set a volatility Florida later updated all three Hillsborough, Palm Beach and Pinellas Counties in standard less stringent than 7.8 psi for maintenance plans in accordance with Florida were designated unclassifiable/attainment some month or months in a section 175(A)(b) to extend the for the 1997 8-hour ozone NAAQS. See 69 FR nonattainment area. The petition must maintenance plans to cover additional 23857. The same counties were designated as unclassifiable/attainment for the 2008 8-hour ozone demonstrate such a change is years such that the entire maintenance NAAQS. See 77 FR 30088. appropriate because of a particular local period extended at least 20 years after 2 As noted above, maintenance areas for the 1- economic impact and that sufficient the initial redesignation of these areas to hour ozone standard designated attainment/ alternative programs are available to attainment for the 1-hour ozone unclassifiable for the 1997 8-hour ozone standard are required to submit a maintenance plan under achieve attainment and maintenance of NAAQS. section 110(a)(1) of the CAA demonstrating These 1-hour ozone maintenance plan maintenance out to 10 years after designation. See 3 See 55 FR 23658 (June 11, 1990), 56 FR 24242 requirements remained in place for the 69 FR 23996 (Apr. 30, 2004). (May 29, 1991) and 56 FR 64704 (Dec. 12, 1991).

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the 1-hour ozone NAAQS. A current statutory authority. As a consequence of 2012, request, and is based upon the listing of the RVP requirements for this repeal, FDEP developed and previously approved non-interference states can be found on EPA’s Web site submitted SIP revisions to remove the demonstration provided by Florida to at: http://www.epa.gov/otaq/fuels/ emissions reductions attributable to this support the removal of the emission gasolinefuels/volatility/standards.htm. program in the aforementioned areas reduction credits associated with the As explained in the December 12, from the Florida SIP. Specifically, on now-defunct inspection and 1991 (56 FR 64704), Phase II December 10, 1999, FDEP submitted a maintenance program in the Southeast rulemaking, EPA believes that revision to the SIP for the ozone air Florida, Tampa Bay and Jacksonville relaxation of an applicable RVP quality maintenance plans for the areas. standard in a nonattainment area is best Jacksonville and Southeast Florida EPA notes that the section 110(l) non- accomplished in conjunction with the areas, and on August 29, 2000, for the interference demonstration submitted redesignation process. In order for an Tampa, Florida area. FDEP’s by Florida in support of its requested ozone nonattainment area to be submissions requested the removal of RVP revisions is also premised upon the redesignated as an attainment area, the emission reduction credits continued non-implementation of the section 107(d)(3) of the Act requires the attributable to the MVIP from the future now-discontinued MVIP in these areas. state to make a showing, pursuant to year emission projections contained in IV. This Action section 175A of the Act, that the area is the maintenance plans and provided a capable of maintaining attainment for demonstration that removal of the On November 8, 2013 (78 FR 67090), the ozone NAAQS for a period of ten emission reductions associated with the EPA proposed approval of Florida’s years after redesignation. Depending on MVIP would not interfere with any August 15, 2013, SIP revision to the the Area’s circumstances, this applicable requirement concerning State’s approved maintenance plans addressing the 1997 8-hour ozone maintenance plan will either attainment and reasonable further NAAQS in the Southeast Florida, demonstrate that the area is capable of progress, or any other applicable Tampa Bay and Jacksonville areas. maintaining attainment for ten years requirement of the CAA. At the time, Specifically, Florida’s revision, without the more stringent volatility however, Florida did not also explicitly including updated modeling, shows that standard or that the more stringent request removal from its SIP of the these areas would continue to maintain volatility standard may be necessary for regulatory references to the MVIP the 1997 8-hour ozone standard if the the area to maintain its attainment with program. Subsequently, in EPA’s final currently applicable Federal RVP the ozone NAAQS. Therefore, in the rulemakings, published August 2, 2001 standard for gasoline of 7.8 psi was context of a request for redesignation, (66 FR 40137), and August 15, 2002 (67 modified to a less stringent standard of EPA will not relax the volatility FR 53314), the Agency approved the SIP standard unless the state requests a 9.0 psi for Broward, Dade, Duval, revisions removing the emissions Hillsborough, Palm Beach and Pinellas relaxation and the maintenance plan reductions that were attributable to the demonstrates, to the satisfaction of EPA, Counties during the high-ozone season. inspection and maintenance program in Florida’s August 15, 2013, SIP revision, that the area will maintain attainment the Maintenance Plan Areas, but the for ten years without the need for the includes updated mobile source regulatory references to the MVIP emissions modeling using EPA’s more stringent volatility standard. As program remained. noted above, however, Florida did not approved models—Motor Vehicle request relaxation of the applicable 7.8 Florida’s December 10, 1999, and Emissions Simulator (MOVES) and psi RVP standard when the Jacksonville, August 29, 2000, SIP revisions NONROAD2008—to support the request Southeast Florida and Tampa Areas demonstrated that the Maintenance Plan to modify the RVP gasoline requirement were redesignated to attainment for the Areas could maintain the ozone NAAQS from 7.8 psi to 9.0 psi. 1-hour ozone NAAQS. Rather, Florida is without the implementation of the Section 110(l) of the CAA requires now seeking to relax the 7.8 psi RVP MVIP. EPA reviewed the State’s that a revision to the SIP not interfere standard after these Areas have been emissions inventory and modeling with any applicable requirement redesignated to attainment for the 1- analyses and found that they met the concerning attainment and reasonable hour ozone NAAQS. Accordingly, the applicable guidance and requirements. further progress (as defined in section original modeling and maintenance Therefore, the State made the necessary 171), or any other applicable demonstration supporting the section demonstration that the MVIP was not requirement of the Act. EPA’s criterion 110(a)(1) ozone maintenance plans must necessary to maintain the ozone for determining the approvability of be revised to reflect continued NAAQS and that attainment of the Florida’s August 15, 2013, SIP revision attainment under the relaxed 9.0 psi NAAQS for any other pollutant would is whether the requested action RVP standard that the State has not be affected by removing the MVIP complies with section 110(l) of the requested. from the SIP. However, because EPA did CAA. Because the modeling associated not remove Florida Code Annotated with the current maintenance plans for III. Background of the Motor Vehicle Section 62–242 from the table of EPA- Florida are premised in part upon the Inspection Program approved rules at 40 CFR 52.520, on 7.8 psi RVP requirement, a request to The State of Florida previously November 29, 2012, FDEP submitted a revise the maintenance plan modeling implemented a motor vehicle inspection letter to EPA requesting that EPA to no longer rely on the 7.8 psi RVP and maintenance program in the remove these now-defunct rules from requirement is subject to the Jacksonville, Southeast Florida and the Florida SIP. In its letter, the State requirements of CAA section 110(l). Tampa areas as part of the State’s noted that these rules relate to the Therefore, the State must demonstrate strategy to meet the 1-hour ozone defunct MVIP, and also noted EPA’s that its August 15, 2013, SIP revision NAAQS. This program was referred to previous rulemakings to remove the will not interfere with the attainment or as the Motor Vehicle Inspection emissions reductions attributable to this maintenance of any of the NAAQS or Program (MVIP). On July 1, 2000, the program in its SIP. The portion of any other applicable requirement of the Florida legislature terminated the MVIP today’s action related to removal of the CAA. EPA also notes that Florida’s for Jacksonville, Southeast Florida and MVIP rules from the SIP is being taken technical demonstration in its August Tampa, and removed the program’s in response to the State’s November 29, 15, 2013, SIP revision accounts for the

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absence of the previously-implemented continue to maintain the 1997 ozone • does not contain any unfunded inspection and maintenance programs standard without the emissions mandate or significantly or uniquely in the Maintenance Plan Areas. reductions associated with both the affect small governments, as described The section 110(l) non-interference previously-implemented MVIP, and the in the Unfunded Mandates Reform Act demonstration is a case-by-case use of gasoline with an RVP of 7.8 psi of 1995 (Pub. L. 104–4); determination based upon the during the high-ozone season—June 1 • does not have Federalism circumstances of each SIP revision. EPA through September 15 in the implications as specified in Executive interprets 110(l) as applying to all Maintenance Plan Areas. Also, EPA is Order 13132 (64 FR 43255, October 7, NAAQS that are in effect, including approving the updated attainment 1999); those that have been promulgated, but inventories, emissions projections and • is not an economically significant for which the EPA has not yet made air quality monitoring which are regulatory action based on health or designations. The specific elements of associated with the updated and revised safety risks subject to Executive Order the 110(l) analysis contained in the SIP modeling related to the change in the 13045 (62 FR 19885, April 23, 1997); revision depend on the circumstances applicable RVP standard, and the • is not a significant regulatory action and emissions analyses associated with absence of the previously-implemented subject to Executive Order 13211 (66 FR that revision. EPA’s analysis of Florida’s inspection and maintenance programs 28355, May 22, 2001); August 15, 2013, SIP revision, including for the Maintenance Plan Areas. • is not subject to requirements of review of section 110(l) requirements, Additionally, EPA is removing Florida Section 12(d) of the National can be found in the proposed rule Code Annotated Section 62–242, which Technology Transfer and Advancement published on November 8, 2013 (78 FR pertains to the now-defunct MVIP, from Act of 1995 (15 U.S.C. 272 note) because 67090). The specific revisions to the the Florida SIP. application of those requirements would maintenance plan modeling that EPA is EPA has determined that Florida’s be inconsistent with the CAA; and approving are the ozone maintenance August 15, 2013 SIP revision, including • does not provide EPA with the plan attainment inventories, emissions the technical demonstration associated discretionary authority to address, as projections and air quality monitoring with the State’s request for the removal appropriate, disproportionate human data. The revised modeling also utilizes of the Federal RVP requirements, and health or environmental effects, using updated models to calculate the mobile the updated attainment inventory, practicable and legally permissible source emissions. emissions projections and air quality methods, under Executive Order 12898 Also, based on a request by the State monitoring data, and the removal of the (59 FR 7629, February 16, 1994). on November 29, 2012, EPA is removing MVIP-related sections of the Florida SIP the existing SIP references related to the In addition, this rule does not have are consistent with the applicable previously-implemented inspection and tribal implications as specified by provisions of the CAA. Should EPA maintenance programs in the Executive Order 13175 (65 FR 67249, decide to remove the subject portions of Maintenance Plan Areas. As discussed November 9, 2000), because the SIP is the Maintenance Plan Areas from those above, Florida discontinued this not approved to apply in Indian country areas subject to the 7.8 psi Federal RVP program and submitted SIP revisions in located in the state, and EPA notes that 1999 and 2000 to remove the emissions requirements, such action will occur in it will not impose substantial direct reduction credits associated with the a separate rulemaking. costs on tribal governments or preempt MVIP program from its SIP. See 66 FR VI. Statutory and Executive Order tribal law. 40137; 67 FR 53314. At the time, Florida Reviews The Congressional Review Act, 5 demonstrated that removal of these U.S.C. 801 et seq., as added by the Small Under the CAA, the Administrator is emission credits would not interfere Business Regulatory Enforcement required to approve a SIP submittal that with any applicable requirement Fairness Act of 1996, generally provides complies with the provisions of the Act concerning attainment and reasonable that before a rule may take effect, the and applicable Federal regulations. 42 further progress (as defined in section agency promulgating the rule must U.S.C. 7410(k); 40 CFR 52.02(a). Thus, 171), or any other applicable submit a rule report, which includes a in reviewing SIP submissions, EPA’s requirement of the Act. In addition, the copy of the rule, to each House of the role is to approve state choices, State’s technical demonstration Congress and to the Comptroller General provided that they meet the criteria of provided with the August 15, 2013, of the United States. EPA will submit a the CAA. Accordingly, this action RVP-related SIP revision also report containing this action and other merely approves state law as meeting demonstrates that the less-stringent RVP required information to the U.S. Senate, Federal requirements and does not standard and the absence of an the U.S. House of Representatives, and impose additional requirements beyond inspection and maintenance program in the Comptroller General of the United those imposed by state law. For that these areas would not interfere with States prior to publication of the rule in reason, this action: the Federal Register. A major rule continued maintenance of the 1997 8- • hour ozone NAAQS or any other Is not a ‘‘significant regulatory cannot take effect until 60 days after it applicable standard. action’’ subject to review by the Office is published in the Federal Register. EPA received no adverse comments of Management and Budget under This action is not a ‘‘major rule’’ as on its proposed action and is therefore Executive Order 12866 (58 FR 51735, defined by 5 U.S.C. 804(2). finalizing the proposed action. October 4, 1993); Under section 307(b)(1) of the CAA, • does not impose an information petitions for judicial review of this V. Final Action collection burden under the provisions action must be filed in the United States EPA is approving the State of of the Paperwork Reduction Act (44 Court of Appeals for the appropriate Florida’s August 15, 2013, SIP revision U.S.C. 3501 et seq.); circuit by March 7, 2014. Filing a to its 1997 8-hour ozone NAAQS • is certified as not having a petition for reconsideration by the 110(a)(1) Maintenance Plans for the significant economic impact on a Administrator of this final rule does not Maintenance Plan Areas. Specifically, substantial number of small entities affect the finality of this action for the EPA is approving the State’s showing under the Regulatory Flexibility Act (5 purposes of judicial review nor does it that the Maintenance Plan Areas can U.S.C. 601 et seq.); extend the time within which a petition

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for judicial review may be filed, and Dated: December 19, 2013. ■ a. Amend paragraph (c) by removing shall not postpone the effectiveness of Beverly H. Banister, the heading and all entries for ‘‘Chapter such rule or action. This action may not Acting Regional Administrator, Region 4. 62–242 Motor Vehicle Emissions be challenged later in proceedings to 40 CFR part 52 is amended as follows: Standards and Test Procedures,’’; and enforce its requirements. See section ■ b. Amend paragraph (e) by adding a 307(b)(2). PART 52—APPROVAL AND new entry for ‘‘RVP Update for Florida PROMULGATION OF List of Subjects in 40 CFR Part 52 1997 8-hour Ozone Maintenance Plans’’ IMPLEMENTATION PLANS at the end of the table. Environmental protection, Air ■ 1. The authority citation for part 52 The addition reads as follows: pollution control, Incorporation by continues to read as follows: Reference, Intergovernmental relations, § 52.520 Identification of plan. Authority: 42 U.S.C. 7401 et seq. Lead, Nitrogen dioxide, Ozone, * * * * * Reporting and recordkeeping Subpart K—Florida (e) * * * requirements and Volatile organic compounds. ■ 2. In § 52.520:

EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS

State effective EPA approval Provision date date Federal Register notice Explanation

******* RVP Update for Florida 1997 8-hour 8/15/13 1/6/14 [Insert citation of publication]. Ozone Maintenance Plans.

[FR Doc. 2013–31557 Filed 1–3–14; 8:45 am] DATES: This final rule is effective on I. Background BILLING CODE 6560–50–P February 5, 2014. The background for today’s action is ADDRESSES: EPA has established a discussed in detail in our October 25, 2013 proposal (78 FR 63929). In that ENVIRONMENTAL PROTECTION docket for this action under Docket ID notice, we proposed to approve AGENCY No. EPA–R06–OAR–2011–0202. All documents in the docket are listed on revisions to the Texas SIP regarding 30 40 CFR Part 52 the http://www.regulations.gov Web TAC Chapter 116, subchapter H: site. Although listed in the index, some ‘‘Permits for Grandfathered Facilities’’ [EPA–R06–OAR–2011–0202; FRL–9905–05- information is not publicly available, and Subchapter I: ‘‘Electric Generating Region 6] e.g., Confidential Business Information Facility Permits’’. We received one comment on our Approval and Promulgation of Air or other information whose disclosure is proposal. The comment we received can Quality Implementation Plans; Texas; restricted by statute. Certain other be accessed from the Revisions to Rules and Regulations for material, such as copyrighted material, www.regulations.gov Web site (Docket Control of Air Pollution; Permitting of is not placed on the Internet and will be No. EPA–R06–OAR–2011–0202). The Grandfathered Facilities publicly available only in hard copy form. Publicly available docket discussion below addresses the AGENCY: Environmental Protection materials are available either comment we received on our proposed Agency (EPA). electronically through http:// action. ACTION: Final rule. www.regulations.gov or in hard copy at II. Response to Comments the Air Permits Section (6PD–R), SUMMARY: The Environmental Protection Environmental Protection Agency, 1445 Comment: We received a comment Agency (EPA) is approving revisions of Ross Avenue, Suite 700, Dallas, Texas dated November 22, 2013, from the the Texas State Implementation Plan 75202–2733. Contact the person listed Texas Commission on Environmental (SIP) submitted by the State of Texas on in the FOR FURTHER INFORMATION Quality (TCEQ) stating that TCEQ does July 31, 2002; September 4, 2002; and CONTACT paragraph below to make an not support the proposed approval of 30 March 1, 2004. These revisions require appointment. TAC 116.803. TCEQ noted that on that all grandfathered facilities obtain September 24, 2013, it withdrew 30 specific permits which include emission FOR FURTHER INFORMATION CONTACT: Mr. TAC 116.793 through 116.807 from EPA control methods to achieve mandated Rick Barrett (6PD–R), Air Permits consideration. TCEQ referenced a June emission reductions, as required, or Section, telephone (214) 665–7227; 29, 2011 letter from EPA Region 6 to shutdown; and require that emissions email: [email protected]. TCEQ. In that letter, EPA returned from dockside vessels which result from certain subsections of 30 TAC Chapter operations at grandfathered land-based SUPPLEMENTARY INFORMATION: 116, subchapter H, specifically 30 TAC facilities be included in specific Throughout this document ‘‘we,’’ ‘‘our,’’ 116.779(a)(10), 116.786(c)(2)(B)(ii)(I), permits. The revisions also outline and ‘‘us’’ refers to EPA. 116.794(11), 116.795(f), and 116.799(a). additional permitting procedures for Table of Contents The returned subsections pertain to certain grandfathered pipeline Texas’ implementation of the hazardous equipment located in an ozone I. Background air pollution program under section nonattainment area. EPA is approving II. Response to Comments 112(g) of the Clean Air Act, and are not the revisions under the Clean Air Act III. Final Action required to be submitted as a revision to (CAA or Act), and EPA’s regulations. IV. Statutory and Executive Order Reviews the Texas SIP.

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Response: EPA agrees with TCEQ. imposed by state law. For that reason, containing this action and other EPA believes that these sections are no this action: required information to the U.S. Senate, longer before EPA as part of Texas’ SIP • Is not a ‘‘significant regulatory the U.S. House of Representatives, and submittal. EPA is taking no action on 30 action’’ subject to review by the Office the Comptroller General of the United TAC 116.779(a)(10), of Management and Budget under States prior to publication of the rule in 116.786(c)(2)(B)(ii)(I), and 116.793 Executive Order 12866 (58 FR 51735, the Federal Register. A major rule through 116.807. TCEQ’s comment and October 4, 1993); cannot take effect until 60 days after it the documents referenced in the • does not impose an information is published in the Federal Register. comment are included in the docket. collection burden under the provisions This action is not a ‘‘major rule’’ as III. Final Action of the Paperwork Reduction Act (44 defined by 5 U.S.C. 804(2). U.S.C. 3501 et seq.); Under section 307(b)(1) of the Clean We are approving revisions to the • is certified as not having a Air Act, petitions for judicial review of Texas SIP regarding 30 TAC Chapter significant economic impact on a this action must be filed in the United 116, subchapter H: ‘‘Permits for substantial number of small entities States Court of Appeals for the Grandfathered Facilities’’ and under the Regulatory Flexibility Act (5 appropriate circuit by March 7, 2014. Subchapter I: ‘‘Electric Generating U.S.C. 601 et seq.); Filing a petition for reconsideration by Facility Permits’’. Specifically, we are • does not contain any unfunded the Administrator of this final rule does approving the following revisions to the mandate or significantly or uniquely not affect the finality of this action for Texas SIP: affect small governments, as described the purposes of judicial review nor does • Addition of 30 TAC Chapter 116, in the Unfunded Mandates Reform Act it extend the time within which a subchapter H, sections 116.770–772, of 1995 (Pub. L. 104–4); petition for judicial review may be filed, 116.774, 116.775, 116.777, 116.779–781 • does not have Federalism (except for 116.779(a)(10)), 116.783, and shall not postpone the effectiveness implications as specified in Executive of such rule or action. This action may 116.785–788 (except for Order 13132 (64 FR 43255, August 10, 116.786(c)(2)(B)(ii)(I)), and 116.790, not be challenged later in proceedings to 1999); enforce its requirements. (See section submitted on July 31, 2002. • is not an economically significant • Addition of 30 TAC Chapter 116, 307(b)(2).) regulatory action based on health or subchapter H, section 116.778 and safety risks subject to Executive Order List of Subjects in 40 CFR Part 52 Subchapter I, section 116.919, 13045 (62 FR 19885, April 23, 1997); Environmental protection, Air submitted on September 4, 2002. • • Addition of the revisions to 30 TAC is not a significant regulatory action pollution control, Incorporation by Chapter 116, subchapter H sections subject to Executive Order 13211 (66 FR reference, Intergovernmental relations, 116.770 and 116.772, submitted on 28355, May 22, 2001); Nitrogen oxides, Nonattainment, Ozone, • is not subject to requirements of March 1, 2004. Volatile organic compounds, Reporting The revisions require that all section 12(d) of the National and recordkeeping requirements. Technology Transfer and Advancement grandfathered facilities obtain specific Dated: December 20, 2013. permits which include emission control Act of 1995 (15 U.S.C. 272 note) because application of those requirements would Samuel Coleman, methods to achieve mandated emission Acting Regional Administrator, Region 6. reductions, as required, or shutdown; be inconsistent with the Clean Air Act; and 40 CFR Part 52 is amended as follows: and require that emissions from • dockside vessels which result from does not provide EPA with the operations at grandfathered land-based discretionary authority to address, as PART 52—APPROVAL AND facilities be included in specific appropriate, disproportionate human PROMULGATION OF permits. The revisions also outline health or environmental effects, using IMPLEMENTATION PLANS additional permitting procedures for practicable and legally permissible ■ certain grandfathered pipeline methods, under Executive Order 12898 1. The authority citation for part 52 equipment located in an ozone (59 FR 7629, February 16, 1994). continues to read as follows: nonattainment area. We are approving In addition, this rule does not have Authority: 42 U.S.C. 7401 et seq. the revisions under section 110, part C, tribal implications as specified by and part D of the CAA, and EPA’s Executive Order 13175 (65 FR 67249, Subpart SS—Texas regulations. November 9, 2000), because the SIP is not approved to apply in Indian country ■ 2. In § 52.2270, the table in paragraph IV. Statutory and Executive Order located in the state, and EPA notes that (c) entitled ‘‘EPA Approved Regulations Reviews it will not impose substantial direct in the Texas SIP’’ is amended under Under the Clean Air Act, the costs on tribal governments or preempt Chapter 116—Control of Air Pollution Administrator is required to approve a tribal law. by Permits for New Construction or SIP submission that complies with the The Congressional Review Act, 5 Modification, as follows: provisions of the Act and applicable U.S.C. section 801 et seq., as added by ■ a. Immediately following the entry for Federal regulations. 42 U.S.C. 7410(k); the Small Business Regulatory § 116.615, by adding an entry for 40 CFR 52.02(a). Thus, in reviewing SIP Enforcement Fairness Act of 1996, Subchapter H; and submissions, EPA’s role is to approve generally provides that before a rule ■ b. Immediately following the entry for state choices, provided that they meet may take effect, the agency § 116.918, by adding an entry for the criteria of the Clean Air Act. promulgating the rule must submit a § 116.919. Accordingly, this action merely rule report, which includes a copy of The additions read as follows: approves state law as meeting Federal the rule, to each House of the Congress requirements and does not impose and to the Comptroller General of the § 52.2270 Identification of plan. additional requirements beyond those United States. EPA will submit a report (c) * * *

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EPA APPROVED REGULATIONS IN THE TEXAS SIP

State approval/ State citation Title/subject submittal EPA approval date Explanation date

*******

Chapter 116 (Reg 6)—Control of Air Pollution by Permits for New Construction or Modification

*******

Subchapter H—Permits for Grandfathered Facilities

Division 1—General Applicability

Section 116.770 ...... Requirement to Apply ...... 1/28/04 1/6/14 ...... [Insert FR page num- ber where document begins]. Section 116.771 ...... Implementation Schedule for Additional Con- 5/22/02 1/6/14 ...... trols. [Insert FR page num- ber where document begins]. Section 116.772 ...... Notice of Shutdown ...... 1/28/04 1/6/14 ...... [Insert FR page num- ber where document begins].

Division 2—Small Business Stationary Source Permits, Pipeline Facilities Permits, and Existing Facility Permits

Section 116.774 ...... Eligibility for Small Business Stationary Source 5/22/02 1/6/14 ...... Permits. [Insert FR page num- ber where document begins]. Section 116.775 ...... Eligibility for Pipeline Facilities Permits ...... 5/22/02 1/6/14 ...... [Insert FR page num- ber where document begins]. Section 116.777 ...... Eligibility for Existing Facility Permits ...... 5/22/02 1/6/14 ...... [Insert FR page num- ber where document begins]. Section 116.778...... Additional Requirements for Applications for 8/21/02 1/6/14 ...... Small Business Stationary Source Permits, [Insert FR page num- Pipeline Facilities Permits, or Existing Facility ber where document Permits. begins]. Section 116.779...... Applications for Small Business Stationary 5/22/02 1/6/14 ...... 116.779(a)(10) is not in the Source Permits, Pipeline Facilities Permits, [Insert FR page num- SIP. or Existing Facility Permits. ber where document begins]. Section 116.780 ...... Public Participation for Initial Issuance of Pipe- 5/22/02 1/6/14 ...... line Facilities Permits and Existing Facility [Insert FR page num- Permits. ber where document begins]. Section 116.781...... Notice and Comment Hearings for Initial 5/22/02 1/6/14 ...... Issuance of Pipeline Facilities Permits and [Insert FR page num- Existing Facility Permits. ber where document begins]. Section 116.783...... Notice of Final Action on Pipeline Facilities 5/22/02 1/6/14 ...... Permit Applications and Existing Facility Per- [Insert FR page num- mit Applications. ber where document begins]. Section 116.785 ...... Permit Fee ...... 5/22/02 1/6/14 ...... [Insert FR page num- ber where document begins]. Section 116.786 ...... General and Special Conditions ...... 5/22/02 1/6/14 ...... 116.786(c)(2)(B)(ii)(I) is not [Insert FR page num- in the SIP. ber where document begins].

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EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued

State approval/ State citation Title/subject submittal EPA approval date Explanation date

Section 116.787 ...... Amendments and Alterations of Permits Issued 5/22/02 1/6/14 ...... Under this Division. [Insert FR page num- ber where document begins]. Section 116.788 ...... Renewal of Permits Issued Under this Division 5/22/02 1/6/14 ...... [Insert FR page num- ber where document begins]. Section 116.790 ...... Delegation ...... 5/22/02 1/6/14 ...... [Insert FR page num- ber where document begins].

*******

Subchapter I—Electric Generating Facility Permits

******* Section 116.919...... Additional Requirements for Grandfathered 8/21/02 1/6/14 ...... Electric Generating Facility Permit Applica- [Insert FR page num- tions. ber where document begins].

*******

* * * * * applicable requirements of the Clean Air The interested persons wanting to [FR Doc. 2013–31560 Filed 1–3–14; 8:45 am] Act (CAA) with respect to RACT for the examine these documents should make BILLING CODE 6560–50–P Missouri portion of the St. Louis an appointment with the office at least Metropolitan 1997 8-hour ozone 24 hours in advance. nonattainment area. FOR FURTHER INFORMATION CONTACT: Ms. ENVIRONMENTAL PROTECTION DATES: This final rule is effective Lachala Kemp, Air Planning and AGENCY February 5, 2014. Development Branch, U.S. 40 CFR Part 52 ADDRESSES: EPA has established a Environmental Protection Agency docket for this action under Docket Region 7, 11201 Renner Boulevard, [EPA–R07–OAR–2012–0767; FRL–9905–03– Identification No. EPA–R07–OAR– Lenexa, Kansas 66219; telephone Region 7] 2012–0767. All documents in the docket number (913) 551–7214; email address: [email protected]. Approval and Promulgation of Air are listed on the http:// Quality Implementation Plans; www.regulations.gov index. Although SUPPLEMENTARY INFORMATION: Missouri; Reasonably Available listed in the index, some information is Throughout this document, ‘‘we,’’ ‘‘us,’’ Control Technology (RACT) for the 8- not publicly available, i.e., Confidential or ‘‘our’’ refer to EPA. This section Hour Ozone National Ambient Air Business Information (CBI) or other provides additional information by Quality Standard (NAAQS) information whose disclosure is addressing the following: restricted by statute. Certain other I. What action is EPA taking in this final AGENCY: Environmental Protection material, such as copyrighted material, rule? Agency (EPA). is not placed on the Internet and will be II. What is the background for the approvals ACTION: Final rule. publicly available only in hard copy by EPA in this final rule? form. Publicly available docket III. EPA’s Final Action SUMMARY: The Environmental Protection materials are available either Agency (EPA) is taking final action to electronically in http:// I. What action is EPA taking in this approve a State Implementation Plan www.regulations.gov or in hard copy at final rule? (SIP) revision submitted by the State of the Air Planning and Development EPA is taking final action to approve Missouri to EPA in a letter dated May Branch, Air and Waste Management a SIP revision submitted by the State of 4, 2012. The purpose of the SIP revision Division, U.S. Environmental Protection Missouri to EPA on May 4, 2012. The is to amend Missouri’s regulation for the Agency Region 7, 11201 Renner purpose of this revision is to control the control of Volatile Organic Compounds Boulevard, Lenexa, Kansas 66219. EPA emissions of VOCs, consistent with (VOC) and meet the requirement to requests that if at all possible, you Control Techniques Guidelines (CTGs) adopt reasonably available control contact the person listed in the FOR issued by EPA, and to satisfy the RACT technology (RACT) for sources covered FURTHER INFORMATION CONTACT section to requirements of the CAA for the by EPA’s Control Technique Guidelines schedule your inspection. The Regional Missouri portion of the St. Louis (CTG) for Industrial Cleaning Solvents. Office’s official hours of business are metropolitan 1997 8-hour ozone We are taking final action to approve Monday through Friday, 8:30 a.m. to nonattainment area. Specifically, the this revision because it satisfies the 4:30 p.m., excluding Federal holidays. revision incorporates an amendment to

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an existing SIP-approved Missouri See 71 FR 58745, 58747 (October 5, • Is not an economically significant regulation 10 Code of State Regulations 2006). regulatory action based on health or 10–5.455 to control emissions from Section 183(e) of the CAA provides safety risks subject to Executive Order Industrial Solvent Cleaning Operations that EPA may issue a CTG in lieu of a 13045 (62 FR 19885, April 23, 1997); in the St. Louis metropolitan area. The national regulation for categories of • Is not a significant regulatory action revision includes lowering the consumer or commercial products subject to Executive Order 13211 (66 FR allowable emissions threshold for VOCs where the Administrator determines 28355, May 22, 2001); • released per day from the use, storage that such guidance will be substantially Is not subject to requirements of and disposal of industrial cleaning as effective as regulations in reducing Section 12(d) of the National solvents, and adds requirements for VOC emissions in ozone nonattainment Technology Transfer and Advancement facilities that exceed the applicability areas. Act of 1995 (15 U.S.C. 272 note) because threshold. EPA is taking final action to application of those requirements would approve this revision because the III. EPA’s Final Action be inconsistent with the CAA; and • adoption by Missouri of this regulation In this rulemaking, EPA is taking final Does not provide EPA with the represents RACT control levels for CTGs action to approve a revision to discretionary authority to address, as issued by EPA after 2006. In addition, Missouri’s VOC rule 10 CSR 10–5.455 appropriate, disproportionate human EPA is taking final action to approve into Missouri’s SIP, as EPA believes that health or environmental effects, using this revision because it meets the this rule satisfies RACT for the Missouri practicable and legally permissible requirements of the conditional portion of the St. Louis nonattainment methods, under Executive Order 12898 approval EPA issued on January 10, area for Industrial Cleaning Solvents. (59 FR 7629, February 16, 1994). 2012. See 77 FR 3144 (January 23, EPA also believes that this rule satisfies In addition, this rule does not have 2012). the requirements of the conditional tribal implications as specified by approval of Missouri’s VOC RACT SIP Executive Order 13175 (65 FR 67249, II. What is the background for the November 9, 2000), because the SIP is approvals by EPA in this final rule? referenced above. This final action means that the Missouri SIP meets all of not approved to apply in Indian country This section briefly summarizes the the applicable VOC RACT requirements located in the State, and EPA notes that background for today’s final action. for St. Louis under section 182(b)(2) of it will not impose substantial direct More detailed discussion of the the Act, as they relate to the 1997 ozone costs on tribal governments or preempt statutory and regulatory background can NAAQS. tribal law. be found in the preamble to the The Congressional Review Act, 5 proposal for this rulemaking. See 78 FR Statutory and Executive Order Reviews U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement at 45112–45114 (July 26, 2013). No Under the CAA, the Administrator is Fairness Act of 1996, generally provides comments were received on the required to approve a SIP submission that before a rule may take effect, the proposed rulemaking. that complies with the provisions of the The St. Louis metropolitan area— agency promulgating the rule must Act and applicable Federal regulations. which includes the counties of Franklin, submit a rule report, which includes a 42 U.S.C. 7410(k); 40 CFR 52.02(a). Jefferson, St. Charles and St. Louis, and copy of the rule, to each House of the Thus, in reviewing SIP submissions, the City of St. Louis in Missouri (as well Congress and to the Comptroller General EPA’s role is to approve state choices, as four counties in Illinois), is currently of the United States. EPA will submit a provided that they meet the criteria of designated as a moderate nonattainment report containing this action and other the CAA. Accordingly, this action area under the 1997 8-hour ozone required information to the U.S. Senate, merely approves state law as meeting National Ambient Air Quality Standard the U.S. House of Representatives, and Federal requirements and does not (NAAQS).1 For areas in moderate the Comptroller General of the United impose additional requirements beyond nonattainment with the ozone NAAQS, States prior to publication of the rule in those imposed by state law. For that section 182(b)(2) of the CAA requires the Federal Register. A major rule reason, this action: states to submit SIP revisions to EPA cannot take effect until 60 days after it • Is not a ‘‘significant regulatory that require sources of VOCs in the is published in the Federal Register. action’’ subject to review by the Office nonattainment area that are subject to a This action is not a ‘‘major rule’’ as of Management and Budget under CTG issued by EPA, and all other major defined by 5 U.S.C. 804(2). stationary sources,2 to implement Executive Order 12866 (58 FR 51735, Under section 307(b)(1) of the CAA, October 4, 1993); RACT. • petitions for judicial review of this EPA has defined RACT as the lowest Does not impose an information action must be filed in the United States emissions limitation that a particular collection burden under the provisions Court of Appeals for the appropriate source is capable of meeting by the of the Paperwork Reduction Act (44 circuit by March 7, 2014. Filing a application of control technology that is U.S.C. 3501 et seq.); petition for reconsideration by the • reasonably available, considering Is certified as not having a Administrator of this final rule does not technological and economic feasibility. significant economic impact on a affect the finality of this action for the 44 FR 53761 (September 17, 1979). EPA substantial number of small entities purposes of judicial review nor does it provides states with guidance under the Regulatory Flexibility Act (5 extend the time within which a petition concerning what types of controls could U.S.C. 601 et seq.); for judicial review may be filed, and • constitute RACT for certain source Does not contain any unfunded shall not postpone the effectiveness of categories through the issuance of CTGs. mandate or significantly or uniquely such rule or action. This action may not affect small governments, as described be challenged later in proceedings to 1 The St. Louis metropolitan area was also in the Unfunded Mandates Reform Act enforce its requirements. (See section recently designated as a ‘‘marginal’’ nonattainment of 1995 (Pub. L. 104–4); 307(b)(2).) area for the 2008 ozone NAAQS. • Does not have Federalism 2 For a moderate nonattainment area, a major List of Subjects in 40 CFR Part 52 stationary source is one which emits, or has the implications as specified in Executive potential to emit, one hundred tons per year or Order 13132 (64 FR 43255, August 10, Environmental protection, Air more of VOCs. See CAA section 302(j). 1999); pollution control, Incorporation by

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reference, Intergovernmental relations, PART 52—APPROVAL AND ■ a. Revising in paragraph (c) the entry Ozone, Reporting and recordkeeping PROMULGATION OF for ‘‘10–5.455’’; requirements, Volatile organic IMPLEMENTATION PLANS ■ b. Revising paragraph (e)(55). compounds. ■ The revisions read as follows: Dated: December 12, 2013. 1. The authority citation for part 52 continues to read as follows: Karl Brooks, § 52.1320 Identification of plan. Regional Administrator, Region 7. Authority: 42 U.S.C. 7401 et seq. * * * * * Chapter I, title 40 of the Code of Subpart AA—Missouri (c) * * * Federal Regulations is amended as follows: ■ 2. Amend § 52.1320 by:

EPA-APPROVED MISSOURI REGULATIONS

State Missouri citation Title effective EPA approval date Explanation date

******* 10–5.455 ...... Control of Emissions from Industrial 08/30/2011 1/6/2014 [insert Federal Register Solvent Cleaning Operations. page number where the docu- ment begins].

*******

* * * * * (e) ** *

EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS

Applicable geographic or nonattain- State sub- Name of non-regulatory SIP revision ment area mittal date EPA approval date Explanation

******* (55) VOC RACT Requirements for St. Louis ...... 1/17/2007, 1/23/2012, 77 FR 3144 1/6/2014 the 8-hour ozone NAAQS. 6/01/2011, [insert Federal Register page 8/30/2011 number where the document be- gins].

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* * * * * herein referred to as DMEGSA, when or at the Office of Pesticide Programs [FR Doc. 2013–31566 Filed 1–3–14; 8:45 am] used as inert ingredients (as solvents/co- Regulatory Public Docket (OPP Docket) BILLING CODE 6560–50–P solvents) in pesticide formulations in the Environmental Protection Agency applied to growing crops and raw Docket Center (EPA/DC), EPA West agricultural commodities after harvest. Bldg., Rm. 3334, 1301 Constitution Ave. ENVIRONMENTAL PROTECTION SciReg, Inc., on behalf of Rhodia, Inc., NW., Washington, DC 20460–0001. The AGENCY submitted a petition to EPA under the Public Reading Room is open from 8:30 Federal Food, Drug, and Cosmetic Act 40 CFR Part 180 a.m. to 4:30 p.m., Monday through (FFDCA), requesting establishment of an Friday, excluding legal holidays. The exemption from the requirement of a [EPA–HQ–OPP–2012–0874; FRL–9904–57] telephone number for the Public tolerance. This regulation eliminates the Reading Room is (202) 566–1744, and Dimethyl Esters of Glutaric Acid (i.e., need to establish a maximum the telephone number for the OPP permissible level for residues of Dimethyl Glutarate), Succinic Acid (i.e., Docket is (703) 305–5805. Please review DMEGSA. Dimethyl Succinate), and Adipic Acid the visitor instructions and additional (i.e., Dimethyl Adipate); Exemption DATES: This regulation is effective information about the docket available From the Requirement of a Tolerance January 6, 2014. Objections and requests at http://www.epa.gov/dockets. for hearings must be received on or AGENCY: Environmental Protection before March 7, 2014, and must be filed FOR FURTHER INFORMATION CONTACT: Lois Agency (EPA). in accordance with the instructions Rossi, Registration Division (7505P), ACTION: Final rule. provided in 40 CFR Part 178 (see also Office of Pesticide Programs, SUPPLEMENTARY Environmental Protection Agency, 1200 SUMMARY: This regulation establishes an Unit I.C. of the INFORMATION). Pennsylvania Ave. NW., Washington, exemption from the requirement of a DC 20460–0001; telephone number: ADDRESSES: tolerance for residues of dimethyl esters The docket for this action, (703) 305–7090; email address: of glutaric acid (i.e., dimethyl glutarate), identified by docket identification (ID) [email protected] succinic acid (i.e., dimethyl succinate), number EPA–HQ–OPP–2012–0874, is and adipic acid (i.e., dimethyl adipate), available at http://www.regulations.gov SUPPLEMENTARY INFORMATION:

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I. General Information 2012–0874, by one of the following wetting, spreading, and dispersing methods: agents; propellants in aerosol A. Does this action apply to me? • Federal eRulemaking Portal: http:// dispensers; microencapsulating agents; You may be potentially affected by www.regulations.gov. Follow the online and emulsifiers. The term ‘‘inert’’ is not this action if you are an agricultural instructions for submitting comments. intended to imply nontoxicity; the producer, food manufacturer, or Do not submit electronically any ingredient may or may not be pesticide manufacturer. The following information you consider to be CBI or chemically active. Generally, EPA has list of North American Industrial other information whose disclosure is exempted inert ingredients from the Classification System (NAICS) codes is restricted by statute. requirement of a tolerance based on the not intended to be exhaustive, but rather • Mail: OPP Docket, Environmental low toxicity of the individual inert provides a guide to help readers Protection Agency Docket Center (EPA/ ingredients. determine whether this document DC), (28221T), 1200 Pennsylvania Ave. IV. Aggregate Risk Assessment and applies to them. Potentially affected NW., Washington, DC 20460–0001. Determination of Safety entities may include: • Hand Delivery: To make special • Crop production (NAICS code 111). arrangements for hand delivery or Section 408(c)(2)(A)(i) of FFDCA • Animal production (NAICS code delivery of boxed information, please allows EPA to establish an exemption 112). follow the instructions at from the requirement for a tolerance (the • Food manufacturing (NAICS code http://www.epa.gov/dockets/ legal limit for a pesticide chemical 311). contacts.htm. residue in or on a food) only if EPA • Pesticide manufacturing (NAICS Additional instructions on determines that the tolerance is ‘‘safe.’’ code 32532). commenting or visiting the docket, Section 408(b)(2)(A)(ii) of FFDCA along with more information about defines ‘‘safe’’ to mean that ‘‘there is a B. How can I get electronic access to dockets generally, is available at http:// reasonable certainty that no harm will other related information? www.epa.gov/dockets. result from aggregate exposure to the You may access a frequently updated pesticide chemical residue, including II. Petition for Exemption electronic version of 40 CFR Part 180 all anticipated dietary exposures and all through the Government Printing In the Federal Register of January, 16, other exposures for which there is Office’s e-CFR site at http:// 2013 (78 FR 3377) (FRL–9375–4), EPA reliable information.’’ This includes www.ecfr.gov/cgi-bin/text- issued a document pursuant to FFDCA exposure through drinking water and in idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ section 408, 21 U.S.C. 346a, announcing residential settings, but does not include 40tab_02.tpl. To access the OCSPP test the filing of a pesticide petition (IN– occupational exposure. Section guidelines referenced in this document 10520) by SciReg Inc. 12733 Director’s 408(b)(2)(C) of FFDCA requires EPA to electronically, please go to http:// Loop, Woodbridge, VA 22192, on behalf give special consideration to exposure www.epa.gov/ocspp and select ‘‘Test of Rhodia Inc., CN 7500, 8 Cedar Brook of infants and children to the pesticide Methods and Guidelines.’’ Drive, Cranbury NJ, 08512–7500. The chemical residue in establishing a petition requested that 40 CFR 180.910 C. How can I file an objection or hearing tolerance and to ‘‘ensure that there is a be amended by establishing an reasonable certainty that no harm will request? exemption from the requirement of a result to infants and children from Under FFDCA section 408(g), 21 tolerance for residues of dimethyl esters aggregate exposure to the pesticide U.S.C. 346a, any person may file an of glutaric acid (i.e., dimethyl glutarate, chemical residue. . . .’’ objection to any aspect of this regulation CAS Reg. No. 1119–40–0), succinic acid EPA establishes exemptions from the and may also request a hearing on those (i.e., dimethyl succinate, CAS Reg. No. requirement of a tolerance only in those objections. You must file your objection 106–65–0), and adipic acid (i.e., cases where it can be clearly or request a hearing on this regulation dimethyl adipate, CAS Reg. No. 627– demonstrated that the risks from in accordance with the instructions 93–0) when used as an inert ingredient aggregate exposure to pesticide provided in 40 CFR Part 178. To ensure as solvents/co-solvents in pesticide chemical residues under reasonably proper receipt by EPA, you must formulations applied to growing crops foreseeable circumstances will pose no identify docket ID number EPA–HQ– and raw agricultural commodities after appreciable risks to human health. In OPP–2012–0874 in the subject line on harvest. That document referenced a order to determine the risks from the first page of your submission. All summary of the petition prepared by on aggregate exposure to pesticide inert objections and requests for a hearing SciReg Inc., on behalf of Rhodia, Inc., ingredients, the Agency considers the must be in writing, and must be the petitioner, which is available in the toxicity of the inert in conjunction with received by the Hearing Clerk on or docket, http://www.regulations.gov. possible exposure to residues of the before March 7, 2014. Addresses for There were no comments received in inert ingredient through food, drinking mail and hand delivery of objections response to the notice of filing. water, and through other exposures that and hearing requests are provided in 40 occur as a result of pesticide use in CFR 178.25(b). III. Inert Ingredient Definition residential settings. If EPA is able to In addition to filing an objection or Inert ingredients are all ingredients determine that a finite tolerance is not hearing request with the Hearing Clerk that are not active ingredients as defined necessary to ensure that there is a as described in 40 CFR Part 178, please in 40 CFR 153.125 and include, but are reasonable certainty that no harm will submit a copy of the filing (excluding not limited to, the following types of result from aggregate exposure to the any Confidential Business Information ingredients (except when they have a inert ingredient, an exemption from the (CBI)) for inclusion in the public docket. pesticidal efficacy of their own): requirement of a tolerance may be Information not marked confidential Solvents such as alcohols and established. pursuant to 40 CFR Part 2 may be hydrocarbons; surfactants such as Consistent with FFDCA section disclosed publicly by EPA without prior polyoxyethylene polymers and fatty 408(c)(2)(A), and the factors specified in notice. Submit the non-CBI copy of your acids; carriers such as clay and FFDCA section 408(c)(2)(B), EPA has objection or hearing request, identified diatomaceous earth; thickeners such as reviewed the available scientific data by docket ID number EPA–HQ–OPP– carrageenan and modified cellulose; and other relevant information in

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support of this action. EPA has Glutaric acid also caused a decrease in changes and are therefore, considered of sufficient data to assess the hazards of body weight gain in both rats and dogs minimal biological significance. No and to make a determination on at 1,000 and 750 mg/kg/day, other significant effects were observed. aggregate exposure for DMEGSA respectively. Similarly, adipic acid was Repeat dose inhalation studies have including exposure resulting from the seen to cause decreased body weight demonstrated the chemicals potential to exemption established by this action. gain and food consumption in rats at affect the olfactory mucosa in the nasal EPA’s assessment of exposures and risks 2,250 mg/kg/day. The results of these passage of rats. These local effects are associated with DMEGSA follows. studies indicate that the metabolites of believed to be related to the hydrolysis DMEGSA are of low toxicity via the oral of DMEGSA by carboxylesterases A. Toxicological Profile route of exposure. located in the nasal/olfactory EPA has evaluated the available The majority of the repeat dose and epithelium to the dicarboxylic acid toxicity data and considered their reproductive/developmental studies metabolites. These effects on the validity, completeness, and reliability as conducted on dibasic esters (DBE, CAS olfactory epithelium are expected to be well as the relationship of the results of Reg. No. 95481–62–2- a chemical of much lower impact in humans due to the studies to human risk. EPA has also mixture of approximately 55–75% major anatomical and physiological considered available information dimethyl glutarate, 15–27% dimethyl differences between rats and humans. concerning the variability of the succinate, and 10–25% dimethyl See Unit VI.B for further discussion. sensitivities of major identifiable adipate) and/or the individual Depressed pup weights were observed subgroups of consumers, including chemicals are via the inhalation route of in a one-generation reproduction infants and children. Specific exposure. The available database inhalation toxicity study with DBE at information on the studies received and includes three 90-day inhalation studies 1.0 mg/L but were only seen in the the nature of the adverse effects caused in rats, one conducted with DMEGSA presence of maternal toxicity. Two by DMEGSA as well as the no-observed- and two with DBE. In the first study rats developmental inhalation toxicity adverse-effect-level (NOAEL) and the were exposed to DMS and DMA at doses studies (OCSPP 870.3700) were lowest-observed-adverse-effect-level of 0 or 0.4 mg/L and DMG at doses of conducted, one testing DBE on rats and (LOAEL) from the toxicity studies are 0, 0.01, 0.05, or 0.4 mg/L. Degeneration with DMG on rabbits. In both studies no discussed in this unit. of the olfactory epithelium was developmental effects were observed at Acute toxicity studies demonstrate observed for all chemicals at and above doses up to and including 1.0 mg/L. low acute oral and dermal toxicity 0.05 mg/L with the severity of the local Similarly, no adverse developmental (Office of Chemical Safety and Pollution effect being dose dependent. Exposed effects were observed in oral studies on Prevention (OCSPP) 870.1100 and animals also showed microscopic the metabolites glutaric acid (rat and 870.1200, respectively) with minimal alterations in the liver (males) and lung rabbit) and adipic acid (rat and mice) at eye irritation (OCSPP 870.2400) and no (females). The hormonal changes doses up to and including 1,300 mg/kg/ dermal irritation (OCSPP 870.2500). observed in these studies with DMS, day. Results from a dermal sensitization DMA, and DMG were: An increase in An Ames test conducted with DBE study were negative (OCSPP 870.2600). sperm counts (2/3 studies), a decrease in was negative; however, a chromosome The repeat dose database contains testosterone levels (1/3 studies), and a aberration study conducted with DBE oral, dermal, and inhalation studies. decrease in leutenizing hormone levels was positive at high concentrations in Due to their prevalence in commercial (1/3 studies) in males and a decrease in the presence of S9 metabolic activation paint strippers, polishes, and lacquer estradiol levels in females (1/3 studies). (negative without S9 activation) in thinners, the majority of the studies The significance of these findings is lymphocytes from female donors. This were conducted via inhalation, the most unclear because the decrease in male result is not consistent with what is expected route of exposure from non- hormone levels should result in a known about the hydrolysis products of pesticidal uses. decrease in sperm counts, yet the the methyl esters. Methanol is not Animals in a 14-day oral dietary study opposite effect was observed. The single clastogenic or genotoxic. Glutaric acid, showed reduced weight gain and food study showing changes in estradiol was succinic acid, and adipic acid are all consumption at 1,684 mg/kg/day not observed in the other two studies. endogenous and not considered to be (LOAEL) but showed no adverse effects Furthermore, there were no functional clastogenic or genotoxic; a chromosome at 842 mg/kg/day (NOAEL). Animals in parameters such as estrous cycle and aberration study conducted with adipic a one month oral gavage study showed sperm motility or morphology affected. acid was negative. As such, it is possible no adverse effects at the limit dose of In addition, a reproductive study was that, in the presence of S9 metabolic 1,000 mg/kg/day. In addition, a 14-day conducted with DBE and there were no activation, the esters were hydrolyzed dermal study was conducted and effects on fertility, viability of pups at and the acids released, affecting the pH, although mild skin irritation was noted birth, and the ability of the mothers to making it more acidic. This is known to in rats at doses equal to and greater than lactate. cause false positive effects in 100 mg/kg/day, the effects were Two other 90-day rat studies (OCSPP cytogenicity assays. Therefore, an in reversible and no systemic effects were 870.3465), tested DBE and again, vivo genotoxicity assay on somatic cells observed at any dose tested up to the degeneration of the olfactory epithelium was performed. A bone marrow limit dose of 1,000 mg/kg/day. was noted at all doses tested (0.02–1.0 micronucleus assay was performed in To support the safety finding as it mg/L). In both studies decreases in liver mice following a single inhalatory nose- relates to oral exposure, oral studies on weight were observed but no only exposure to DBE for six hours. the metabolites were also evaluated. histopathological findings were evident. There were no statistically significant Available repeat dose oral studies on the Similarly, when rats were exposed to 1 differences in the proportion of metabolites include a 13-week study on mg/L DBE slight increases in relative micronucleated polychromatic succinic acid, two 90-day studies on heart and testes weights in males and a erythrocytes between mice of all groups glutaric acid and a two year study on slight decrease in absolute spleen including controls at any sampling time adipic acid. Succinic acid was shown to weight in females were observed. These up to 72 hours following exposure up to cause decreased body weight gain in slight organ weight changes were not a very high concentration of 19 mg/L, rats at and above 2,500 mg/kg/day. accompanied by any histopathological illustrating the absence of clastogenicity

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of the test substance in vivo. In addition, surface of nasal epithelium and different exposure under the proposed exemption a rat micronucleus study conducted air flow and breathing pattern (e.g., rats from the requirement of a tolerance. with DMG was negative. are obligate nose breathers) and greater EPA assessed dietary exposures from No neuropathological changes or carboxylesterase activity in nasal/ DMEGSA in food as follows: effects on the functional observation olfactory epithelium than do humans) Because no acute endpoint of concern battery parameters were reported in any so the local exposure will be was identified, a quantitative acute of the studies. The agency does not significantly lower in humans. In vitro dietary exposure assessment is believe DMEGSA will be neurotoxic. experiments with human nasal tissue unnecessary. In conducting the chronic Chronic/carcinogenicity studies could homogenates suggest that DBE dietary exposure assessment using the not be identified for DMEGSA. A metabolism in human nasal tissue is 100 Dietary Exposure Evaluation Model DEREK evaluation for DMG and DMS to 1000 times less active than rat nasal DEEM–FCIDTM, Version 3.16, EPA was conducted and did not show any tissue. Therefore, humans are expected used food consumption information special alerts. In addition, to be much less sensitive. In the absence from the U.S. Department of carcinogenicity studies were conducted of other systemic toxicity along with the Agriculture’s National Health and with adipic acid and monosodium expected decrease in sensitivity of Nutrition Examination Survey, What we succinate in rats and no carcinogenic humans to olfactory responses, EPA eat in America, (NHANES/WWEIA). effects were observed. Therefore, the concluded that these effects were not This dietary survey was conducted from agency does not expect DMEGSA to be sufficiently adverse to be used as an 2003 to 2008. The Inert Dietary carcinogenic in humans. endpoint for risk assessment. Exposure Evaluation Model (I–DEEM) is As noted in Unit VI. A. above, B. Toxicological Points of Departure/ a highly conservative model with the exposed animals in repeat dose Levels of Concern assumption that the residue level of the inhalation studies showed microscopic inert ingredient would be no higher Once a pesticide’s toxicological organ changes and hormonal changes in than the highest tolerance for a given profile is determined, EPA identifies studies with DMS, DMA, and DMG. The commodity. Implicit in this assumption toxicological points of departure (POD) significance of these findings is unclear and levels of concern to use in is that there would be similar rates of because for example, the decrease in degradation between the active and evaluating the risk posed by human male hormone levels should result in a exposure to the pesticide. For hazards inert ingredient (if any) and that the decrease in sperm counts, yet the concentration of inert ingredient in the that have a threshold below which there opposite effect was observed. The single is no appreciable risk, the toxicological scenarios leading to these highest of study showing changes in estradiol was tolerances would be no higher than the POD is used as the basis for derivation not observed in the other two studies. of reference values for risk assessment. concentration of the active ingredient. Furthermore, there were no functional The model assumes 100 percent crop PODs are developed based on a careful parameters such as estrous cycle and treated (PCT) for all crops and that every analysis of the doses in each sperm motility or morphology affected. food eaten by a person each day has toxicological study to determine the In addition, a reproductive study was tolerance-level residues. A complete dose at which no adverse effects are conducted with DBE and there were no description of the general approach observed (the NOAEL) and the lowest effects on fertility, viability of pups at taken to assess inert ingredient risks in dose at which adverse effects of concern birth, and the ability of the mothers to the absence of residue data is contained are identified (the LOAEL). Uncertainty/ lactate. For these reasons the point of in the memorandum entitled ‘‘Alkyl safety factors are used in conjunction departure for the risk assessment for Amines Polyalkoxylates (Cluster 4): with the POD to calculate a safe chronic oral routes of exposure was Acute and Chronic Aggregate (Food and exposure level—generally referred to as from the 14-day oral toxicity study in a population-adjusted dose (PAD) or a rats. The NOAEL was 842 mg/kg/day Drinking Water) Dietary Exposure and reference dose (RfD)—and a safe margin and the LOAEL was 1684 mg/kg/day Risk Assessments for the Inerts.’’ of exposure (MOE). For non-threshold based on reduced weight gain and food (D361707, S. Piper, 2/25/09) and can be risks, the Agency assumes that any consumption. A 1000 fold uncertainty found at http://www.regulations.gov in amount of exposure will lead to some factor was used for the chronic exposure docket ID number EPA–HQ–OPP–2008– degree of risk. Thus, the Agency (10X interspecies extrapolation, 10X for 0738. estimates risk in terms of the probability intraspecies variability and 10X FQPA 2. Dietary exposure from drinking of an occurrence of the adverse effect safety factor)). water. For the purpose of the screening expected in a lifetime. For more The dermal study did not result in an level dietary risk assessment to support information on the general principles endpoint of concern. Adverse local this request for an exemption from the EPA uses in risk characterization and a olfactory effects were observed in requirement of a tolerance for DMEGSA, complete description of the risk inhalation toxicity studies; however, a conservative drinking water assessment process, see http:// due to anatomical and physiological concentration value of 100 ppb based on www.epa.gov/pesticides/factsheets/ difference between study animals and screening level modeling was used to riskassess.htm. humans, the effects are likely to be less assess the contribution to drinking Various inhalation studies with severe in humans and subsequently of water for the chronic dietary risk DMEGSA show local effects (likely a minimal toxicological concern. No assessments for parent compound. result of irritation at the point of contact systemic endpoint of concern was These values were directly entered into in the nasal region) as well as some identified in the available inhalation the dietary exposure model. changes in hormone levels that, toxicity studies; therefore, 3. From non-dietary exposure. The although consistently observed, are not quantification of inhalation risk is not term ‘‘residential exposure’’ is used in considered to be toxicologically necessary. this document to refer to non- significant. The effects on the olfactory occupational, non-dietary exposure epithelium are expected to be of much C. Exposure Assessment (e.g., textiles (clothing and diapers), lower impact in humans due to major 1. Dietary exposure from food and carpets, swimming pools, and hard physiological differences between rats feed uses. In evaluating dietary surface disinfection on walls, floors, and humans (e.g., rats have a larger exposure to DMEGSA, EPA considered tables).

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The majority of the current pesticidal this provision, EPA either retains the information for all commodities. By uses (e.g., use in paints and wood default value of 10X, or uses a different using these screening-level assessments, products) of DMEGSA are for industrial additional safety factor when reliable chronic exposures/risks will not be and commercial settings; however, data available to EPA support the choice underestimated. DMEGSA are approved for use in of a different factor. Based on the absence of reproductive textiles, as paper coatings, and in and 2. Prenatal and postnatal sensitivity. and developmental toxicity for around homes and landscapes. There No evidence of increased susceptibility DMEGSA in inhalation studies at are no approved antimicrobial uses of was seen in the available developmental maternally toxic doses, the high DMEGSA. Neither the dermal nor and reproductive toxicity studies for developmental NOAEL for glutaric acid, inhalation studies resulted in an DMEGSA and its metabolites. Depressed and the lack of neurotoxicity, there is no endpoint of concern; therefore, there pup weights were observed in a one- concern for increased sensitivity to was no need to quantify dermal or generation reproduction inhalation infants and children to DMEGSA when inhalation exposure. Since there is toxicity study with DBE at 1.0 mg/L but used as an inert ingredients in pesticide potential for use of this chemical in and were only seen in the presence of formulations. However, due to the lack around homes, residential exposure was maternal toxicity. Two developmental of a chronic oral toxicity study the 10X evaluated using agency approved inhalation toxicity studies were FQPA safety factor has been retained to models to estimate high end post- conducted, one testing DBE on rats and protect infants and children. application oral exposures to children with DMG on rabbits. In both studies no from treated lawns. The residential and developmental effects were observed at E. Aggregate Risks and Determination of aggregate level of concern (LOC) is for doses up to and including 1.0 mg/L; Safety margins of exposure (MOE) that are less while maternal toxicity was observed at EPA determines whether acute and than 1000 and is based on 10X doses of 0.3 mg/L and above. Similarly, chronic dietary pesticide exposures are interspecies extrapolation, 10X for no adverse developmental effects were safe by comparing aggregate exposure intraspecies variability, and 10X FQPA observed in oral studies on the estimates to the acute PAD (aPAD) and safety factor. metabolites glutaric acid (rat and rabbit) chronic PAD (cPAD). For linear cancer 4. Cumulative effects from substances and adipic acid (rat and mice) at doses risks, EPA calculates the lifetime with a common mechanism of toxicity. up to and including 1,300 mg/kg/day. probability of acquiring cancer given the Section 408(b)(2)(D)(v) of FFDCA 3. Conclusion. EPA concludes that the estimated aggregate exposure. Short-, requires that, when considering whether FQPA safety factor of 10X for DMEGSA intermediate-, and chronic-term risks to establish, modify, or revoke a should be retained because of the need are evaluated by comparing the tolerance, the Agency consider to extrapolate from a subchronic study estimated aggregate food, water, and ‘‘available information’’ concerning the for a chronic risk assessment. In making residential exposure to the appropriate cumulative effects of a particular this determination, EPA considered the PODs to ensure that an adequate MOE pesticide’s residues and ‘‘other following factors: exists. substances that have a common i. The toxicity database for DMEGSA 1. Acute risk. An acute aggregate risk mechanism of toxicity.’’ and their metabolites includes several assessment takes into account acute EPA has not found DMEGSA to share subchronic and chronic studies, several exposure estimates from dietary a common mechanism of toxicity with developmental and reproductive consumption of food and drinking any other substances, and DMEGSA toxicity studies, and mutagenicity water. No adverse effect resulting from does not appear to produce a toxic studies. No chronic studies are available a single oral exposure was identified metabolite produced by other on DBEs; however, chronic toxicity and no acute dietary endpoint was substances. For the purposes of this studies on metabolites are available to selected. Therefore, DMEGSA is not tolerance action, therefore, EPA has characterize long term toxicity potential expected to pose an acute risk. assumed that DMEGSA does not have a of DBEs. 2. Chronic risk. Using the exposure common mechanism of toxicity with ii. Increased incidence of delayed assumptions described in this unit for other substances. For information renal papillary development and chronic exposure, EPA has concluded regarding EPA’s efforts to determine decreased pup weights were observed in that chronic exposure to DMEGSA from which chemicals have a common reproductive/developmental inhalation food and water will utilize 83.9% of the mechanism of toxicity and to evaluate toxicity studies at 1000 mg/m3; cPAD for children 1–2 years old, the the cumulative effects of such however, these effects were only population group receiving the greatest chemicals, see EPA’s Web site at observed in the presence of depressed exposure. There are no current or http://www.epa.gov/pesticides/ maternal body weight. In addition, there proposed residential uses for DMEGSA cumulative. were no systemic effects seen in oral at this time. Based on the explanation in studies at doses up to and including the this unit, regarding residential use D. Safety Factor for Infants and limit dose of 1000 mg/kg/day indicating patterns, chronic residential exposure to Children no evidence of increased susceptibility. residues of DMEGSA is not expected. 1. In general. Section 408(b)(2)(C) of iii. There is no indication that 3. Short-term risk. Short-term FFDCA provides that EPA shall apply DMEGSA are neurotoxic chemicals. aggregate exposure takes into account an additional tenfold (10X) margin of Although no neurotoxicity studies are short-term residential exposure plus safety for infants and children in the available in the database, no clinical chronic exposure to food and water case of threshold effects to account for signs of neurotoxicity were observed in (considered to be a background prenatal and postnatal toxicity and the the available subchronic and chronic exposure level). A short-term adverse completeness of the database on toxicity studies. Therefore, there is no need for effect was identified; however, and exposure unless EPA determines a developmental neurotoxicity study or DMEGSA is not currently used as an based on reliable data that a different additional UFs to account for inert ingredient in pesticide products margin of safety will be safe for infants neurotoxicity. that are registered for any use patterns and children. This additional margin of vi. The dietary food exposure that would result in short-term safety is commonly referred to as the assessment utilizes proposed tolerance residential exposure. They may, FQPA Safety Factor (SF). In applying level or higher residues and 100% CT however, be used in the future as an

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inert ingredient in pesticide products V. Other Considerations Congress in the preemption provisions of FFDCA section 408(n)(4). As such, that are registered for uses that could Analytical Enforcement Methodology result in short-term residential the Agency has determined that this exposure, and the Agency has An analytical method is not required action will not have a substantial direct determined that it is appropriate to for enforcement purposes since the effect on States or tribal governments, aggregate chronic exposure through food Agency is establishing an exemption on the relationship between the national from the requirement of a tolerance and water with short-term residential government and the States or tribal without any numerical limitation. exposures to DMEGSA. governments, or on the distribution of VI. Conclusions power and responsibilities among the Using the exposure assumptions various levels of government or between described in this unit for short-term Therefore, an exemption from the the Federal Government and Indian exposures, EPA has concluded the requirement of a tolerance is established tribes. Thus, the Agency has determined combined short-term food, water, and under 40 CFR 180. 910 for dimethyl that Executive Order 13132, entitled residential oral exposures result in glutarate (CAS Reg. No. 1119–40–0), ‘‘Federalism’’ (64 FR 43255, August 10, aggregate MOEs for children of 1450 for dimethyl succinate (CAS Reg. No. 106– 1999) and Executive Order 13175, hand-to-mouth exposure to treated 65–0), and dimethyl adipate (CAS Reg. entitled ‘‘Consultation and Coordination lawns. Because EPA’s level of concern No. 627–93–0) when used as inert with Indian Tribal Governments’’ (65 FR for DMEGSA is a MOE of 1000 or below, ingredients (solvent/co-solvent) in 67249, November 9, 2000) do not apply these MOEs are not of concern. pesticide formulations applied to to this final rule. In addition, this final growing crops and raw agricultural rule does not impose any enforceable 4. Intermediate-term risk. commodities after harvest. Intermediate-term aggregate exposure duty or contain any unfunded mandate takes into account intermediate-term VII. Statutory and Executive Order as described under Title II of the residential exposure plus chronic Reviews Unfunded Mandates Reform Act of 1995 exposure to food and water (considered This final rule establishes a tolerance (UMRA) (2 U.S.C. 1501 et seq.). to be a background exposure level). under FFDCA section 408(d) in This action does not involve any technical standards that would require An intermediate-term adverse effect response to a petition submitted to the Agency. The Office of Management and Agency consideration of voluntary was identified; however, DMEGSA is Budget (OMB) has exempted these types consensus standards pursuant to section not currently used as an inert ingredient of actions from review under Executive 12(d) of the National Technology in pesticide products that are registered Order 12866, entitled ‘‘Regulatory Transfer and Advancement Act of 1995 for any use patterns that would result in Planning and Review’’ (58 FR 51735, (NTTAA) (15 U.S.C. 272 note). intermediate-term residential exposure. October 4, 1993). Because this final rule VIII. Congressional Review Act They may, however, be used in the has been exempted from review under future pesticide products that are Executive Order 12866, this final rule is Pursuant to the Congressional Review registered for uses that could result in not subject to Executive Order 13211, Act (5 U.S.C. 801 et seq.), EPA will intermediate-term residential exposure, entitled ‘‘Actions Concerning submit a report containing this rule and and the Agency has determined that it Regulations That Significantly Affect other required information to the U.S. is appropriate to aggregate chronic Energy Supply, Distribution, or Use’’ (66 Senate, the U.S. House of exposure through food and water with FR 28355, May 22, 2001) or Executive Representatives, and the Comptroller intermediate-term residential oral Order 13045, entitled ‘‘Protection of General of the United States prior to exposures to DMEGSA. Children from Environmental Health publication of the rule in the Federal Using the exposure assumptions Risks and Safety Risks’’ (62 FR 19885, Register. This action is not a ‘‘major described in this unit for intermediate- April 23, 1997). This final rule does not rule’’ as defined by 5 U.S.C. 804(2). contain any information collections term exposures, EPA has concluded that List of Subjects in 40 CFR Part 180 the combined intermediate-term food, subject to OMB approval under the Paperwork Reduction Act (PRA) (44 water, and residential exposures result Environmental protection, U.S.C. 3501 et seq.), nor does it require in aggregate MOEs for children of 1500 Administrative practice and procedure, any special considerations under Agricultural commodities, Pesticides for hand-to-mouth exposure to treated Executive Order 12898, entitled lawns. Because EPA’s level of concern and pests, Reporting and recordkeeping ‘‘Federal Actions to Address requirements. for DMEGSA is a MOE of 1000 or below, Environmental Justice in Minority these MOEs are not of concern. Populations and Low-Income Dated: December 23, 2013. 5. Aggregate cancer risk for U.S. Populations’’ (59 FR 7629, February 16, Lois Rossi, population. Based on the lack of 1994). Director, Registration Division, Office of evidence of carcinogenicity in available Since tolerances and exemptions that Pesticide Programs. studies of the metabolites of the subject are established on the basis of a petition Therefore, 40 CFR chapter I is chemicals and a DEREK assessment of under FFDCA section 408(d), such as amended as follows: DMEGSA which revealed no alerts, the tolerance in this final rule, do not require the issuance of a proposed rule, DMEGSA is not expected to pose a PART 180—[AMENDED] cancer risk to humans. the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et 6. Determination of safety. Based on seq.), do not apply. ■ 1. The authority citation for part 180 these risk assessments, EPA concludes This final rule directly regulates continues to read as follows: that there is a reasonable certainty that growers, food processors, food handlers, Authority: 21 U.S.C. 321(q), 346a and 371. no harm will result to the general and food retailers, not States or tribes, population or to infants and children nor does this action alter the ■ 2. In § 180.910, alphabetically add the from aggregate exposure to DMEGSA relationships or distribution of power following inert ingredient(s) to the table residues. and responsibilities established by to read as follows:

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§ 180.910 Inert ingredients used pre- and post-harvest; exemptions from the requirement of tolerance. * * * * *

Inert ingredients Limits Uses

******* Dimethyl adipate (CAS no. 627–93–0) ...... None ...... Solvent/co-solvent

******* Dimethyl glutarate (CAS no. 1119–40–0) ...... None ...... Solvent/co-solvent

******* Dimethyl succinate (CAS no. 106–65–0) ...... None ...... Solvent/co-solvent

*******

[FR Doc. 2013–31582 Filed 1–3–14; 8:45 am] document is available for public these technical matters in order to BILLING CODE 6560–50–P inspection during regular business expedite the availability of equipment hours in the FCC Reference Center, for use in this band, which will fulfill Room CY–A257, 445 12th Street SW., ‘‘the imminent need’’ FirstNet cites ‘‘for FEDERAL COMMUNICATIONS Washington, DC 20554, or online at authorized equipment to meet the needs COMMISSION http://www.fcc.gov/document/700-mhz- of jurisdictions that may deploy early’’ public-safety-broadband-service-rules- in its licensed spectrum. 47 CFR Parts 1, 2, 27 and 90 report-and-order. This document will 2. The rules we adopt today will also be available via ECFS at http:// provide a necessary foundation for [PS Docket Nos. 12–94, 06–229, WT Docket fjallfoss.fcc.gov/ecfs/. Documents will FirstNet’s operations and expedite the No. 06–150; FCC 13–137] be available electronically in ASCII, availability of equipment for use in this Consolidated Service Rules for the Microsoft Word, and/or Adobe Acrobat. band. As noted below, in light of the 758–769 and 788–799 MHz Bands The complete text may be purchased urgent need to resume our process for from the Commission’s copy contractor, certifying equipment for use in AGENCY: Federal Communications 445 12th Street SW., Room CY–B402, promoting more effective public safety Commission. Washington, DC 20554. Alternative operations in this band, and because ACTION: Final rule. formats are available for people with that process cannot be resumed in the disabilities (Braille, large print, absence of governing technical service SUMMARY: The Federal Communications electronic files, audio format), by rules, we find good cause to make the Commission (Commission) adopts a sending an email to [email protected] or Second R&O effective immediately Second Report and Order that calling the Commission’s Consumer and upon publication in the Federal establishes consolidated service rules Governmental Affairs Bureau at (202) Register. for the 758–769 and 788–799 MHz 418–0530 (voice), (202) 418–0432 II. Background bands, the 700 MHz spectrum licensed (TTY). to the First Responder Network 3. The Middle Class Tax Relief and Paperwork Reduction Act of 1995 Authority (FirstNet) for purposes of Job Creation Act of 2012, enacted establishing a nationwide public safety This document contains no new or February 22, 2012, provides for the broadband network. The Second Report modified information collection deployment of a nationwide public and Order also lifts the suspension on requirements subject to the Paperwork safety broadband network in the 700 the certification of equipment for Reduction Act of 1995 (PRA), Public MHz band. The Act established FirstNet operation in this band and directs the Law 104–13. as an independent authority within the National Telecommunications and Office of Engineering and Technology to I. Introduction commence such certification, consistent Information Administration (NTIA), and with the service rules adopted therein. 1. In the Second Report and Order required the Commission to grant a (Second R&O) we adopt consolidated license to FirstNet for the use of both DATES: Effective January 6, 2014. rules, primarily technical service rules, the existing public safety broadband FOR FURTHER INFORMATION CONTACT: for the 758–769/788–799 MHz band, spectrum (763–768/793–798 MHz) and Erika Olsen, Senior Legal Counsel, which is licensed to the First Responder the spectrally adjacent D Block (758– Public Safety and Homeland Security Network Authority (FirstNet) on a 763/788–793 MHz), a commercial Bureau, (202) 418–2868 or nationwide basis. We also direct the spectrum block that the statute required [email protected]; Brian Hurley, Office of Engineering and Technology the Commission to reallocate for public Attorney Advisor, Public Safety and (OET) to accept and process safety use. The Act charges FirstNet Homeland Security Bureau, (202) 418– applications for equipment certification with the responsibility for establishing 2220 or [email protected]. in this band consistent with the newly and overseeing ‘‘a nationwide, SUPPLEMENTARY INFORMATION: This is a consolidated rules. Our adoption of the interoperable public safety broadband summary of the Commission’s Second Second R&O will further ‘‘facilitate the network’’ operated in this spectrum by Report and Order, FCC 13–137; PS transition’’ of spectrum to FirstNet to taking ‘‘all actions necessary to ensure Docket Nos. 12–94, 06–229, WT Docket enable its deployment of a nationwide the building, deployment, and operation No. 06–150; adopted and released public safety broadband network as of the . . . network, in consultation October 28, 2013. The full text of this prescribed by statute. We also focus on with Federal, State, tribal, and local

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public safety entities, the Director of delegation to FirstNet of the commercial wireless spectrum, NIST, the Commission, and the public responsibility to develop ‘‘the technical including the D Block, are codified safety advisory committee [that section and operational requirements of the primarily in part 27 (‘‘Miscellaneous 6205 of the Act requires FirstNet to network.’’ Wireless Communications Services’’), establish].’’ Among its more specific 7. FirstNet filed comments on the while rules governing the existing duties, FirstNet is responsible for NPRM on August 2, 2013, after the public safety broadband spectrum issuing Requests for Proposals (RFPs) comment cycle had completed. While generally fall under part 90.’’ The and entering into contracts for the not addressing for the most part the Commission proposed, as a general construction, operation and substantive rules at issue, FirstNet urged matter, to modify its rules so as to merge management of the network on a the Commission to ‘‘act quickly to the requirements governing both band nationwide basis, using funds allocated amend its technical service rules to segments into a unified set of part 90 for these purposes under the Act. enable FirstNet to expedite the rules. FirstNet and many other 4. The Act also established within the deployment of [its network].’’ FirstNet commenters expressed support for this Commission a Technical Advisory also expressed support for ‘‘swift general approach, and none opposed it. Board for First Responder Commission action to begin accepting Accordingly, in the Second R&O we Interoperability (Interoperability Board) and processing equipment adopt a unified set of part 90 rules to charged with the development of authorizations’’ in its licensed govern FirstNet’s licensed spectrum. recommended minimum technical spectrum, particularly in light of requirements to ensure nationwide imminent public safety network 1. A Foundation of Technical Service interoperability for the public safety deployments planned therein. On Rules for the Network broadband network based on August 28, the Public Safety and 11. We first consider the ‘‘commercial standards for Long Term Homeland Security Bureau published a Commission’s proposed modifications Evolution (LTE) service.’’ On May 22, notice in the Federal Register providing to the part 27 technical service rules 2012, the Interoperability Board an additional seven days for public governing the D Block and parallel part submitted its recommendations to the comment on FirstNet’s filing, 78 FR 90 rules governing the public safety Commission, and on June 21, 2012, the 53124, Aug. 28, 2013. The few broadband spectrum (763–768/793–798 Commission approved the transmittal of comments received in response were MHz). The Commission proposed such these recommendations to FirstNet. The supportive of these views. modifications to unify under a common Act requires FirstNet to incorporate the set of rules a number of technical III. Second Report and Order recommendations into its RFPs requirements, many of them ‘‘without materially changing’’ them. 8. In the Second R&O, we adopt substantively similar or identical to one 5. On September 7, 2012, the Public consolidated technical service rules to another, that govern the two respective Safety and Homeland Security Bureau facilitate FirstNet’s efforts in deploying segments of FirstNet’s licensed adopted, on delegated authority, a a nationwide public safety broadband spectrum. The Commission also sought Report and Order implementing the network in the 700 MHz band. The comment on the merits of these clear statutory directive requiring the adoption of these rules will also enable technical requirements as applied to the Commission to reallocate the D Block the Commission to certify for operation combined spectrum allocation licensed for ‘‘public safety services.’’ The Bureau in the spectrum licensed to FirstNet. to FirstNet. In this section, we consider also deleted a number of Commission This will expedite the availability of each requirement in turn. rules that were plainly inconsistent with equipment for operation in this band, a. Power Limits this revised allocation, including the which FirstNet and numerous other rules establishing, providing license commenters identify as an urgent 12. Power Limits. In the NPRM, the authority with respect to, and governing priority given the near-term Commission proposed to modify operations under the ‘‘Public Safety deployments planned in this spectrum. § 90.542(a) of its rules to bring the D Broadband License’’ that had previously 9. In the NPRM we sought comment, Block frequencies within its purview been established for the existing public including specific data and information, and to delete as redundant the parallel safety broadband spectrum. On on the costs and benefits of each provisions of § 27.50(b). The November 15, 2012, the Bureau granted proposal set forth and of any potential Commission also sought comment on FirstNet the license prescribed by alternatives to such proposals. The few whether the power limits established in statute, under call sign WQQE234. commenters that addressed the potential § 90.542(a) remain appropriate for the 6. The Commission released a Notice costs associated with consolidating combined public safety broadband of Proposed Rulemaking (NPRM) on technical service rules under part 90 allocation, and on the relative costs and March 8, 2013, seeking comment on anticipate that such costs will be benefits of any proposed alternatives. In additional measures to implement its minimal. Such comments are addition, the Commission sought statutory responsibilities regarding unsurprising, given that the rules comment on whether the operational deployment of the public safety proposed for consolidation are already parameters of Long Term Evolution broadband network. The NPRM sought codified in Commission rules and (LTE) technology call for the placement comment on the adoption of largely track the service rules that apply of more restrictive limits on the power consolidated technical service rules for to commercial LTE services in output of portable (i.e., hand-held) the network; on the exercise of the neighboring bands. Accordingly, we devices operated in the public safety Commission’s statutory responsibilities proceed with the consolidation of broadband allocation. as they relate to oversight of FirstNet’s technical rules based on the record 13. Comments. Most commenters that operations; and on transition matters for before us. addressed the issue support maintaining the various classes of incumbent the power and antenna height limits set operations in the spectrum licensed to A. Consolidating the Rules That Govern forth in § 90.542(a) and extending the FirstNet. The Commission also sought the Nationwide Public Safety reach of this provision to the D Block. comment on the scope of its authority Broadband Network Harris supports this general approach, as it relates to these proposals, 10. In the NPRM, the Commission but argues that the rule’s reduced base particularly in light of the statutory observed that ‘‘rules governing 700 MHz station power limits for antennas above

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305 meters in height above average requirements under § 90.542. Moreover, [but] is an effective standard to trigger terrain (HAAT) ‘‘may not reflect the as AT&T observes, the proposed the initiation of mitigation work.’’ economic realities of building out [the consolidated limits are those that Harris, on the other hand, argues that network] in rural areas’’ and that already ‘‘apply to 700 MHz commercial limiting the power flux density only of ‘‘[f]lexibility should be allowed for wireless services,’’ which include LTE signals transmitted in excess of 1000 implementation of a cost effective services. We thus find that the proposed watts ERP ‘‘is counterproductive to network . . . but free of rules that may limits are reasonable for FirstNet’s minimizing harmful interference.’’ force higher site densities based on licensed spectrum, which will be used Harris explains that even lower ERP regulation rather than need.’’ To that to deploy a nationwide LTE broadband transmissions from a FirstNet base end, Harris contends that ‘‘a single set network for first responders. Also, while station could, ‘‘by a combined effect of of maximum power limits should be recognizing the need to afford FirstNet the site antenna directivity and ERP,’’ established and the licensee should be flexibility to implement its network in produce a power flux density that is offered flexibility to determine specific a cost-effective manner, we decline to sufficient to create a serious potential operating parameters for each RF site’’ reformulate the rule as Harris proposes for interference with public safety within these limits. Verizon opposes to sever the relationship between base narrowband operations in the Harris’s proposal, observing that the station power limit and antenna height surrounding area. Harris explains that rule ‘‘already allow[s] operations in above average terrain. We first observe co-location of broadband and rural areas at power levels that are twice that FirstNet has not sought any narrowband sites can mitigate this that of higher density areas.’’ Verizon modification of the restrictions problem but that ‘‘site densities for LTE further argues that more restrictive currently in place, which are already are expected to be higher necessitating power limits on transmissions from calibrated to provide maximum the need for broadband-only sites.’’ antennas above 305 meters HAAT flexibility to operators consistent with Accordingly, Harris recommends should remain in place ‘‘to protect not protecting both adjacent and co-channel extending rule to cover base station only nearby commercial 700 MHz operations from interference. We also transmissions at any level of ERP. operations, but other FirstNet and note Verizon’s observation that the rules 18. Discussion. Power flux density narrowband public safety operations as in place already provide for higher- limits help mitigate the potential for a well.’’ power transmissions in rural areas, base station’s transmissions to create 14. A number of commenters also which should enable sites to be interference for adjacent-band users in argue that the power limits currently in deployed less densely in areas where it the immediate area. We agree with place for portable devices are consistent may be particularly costly to build out Motorola Solutions that the limits with the operational parameters of LTE the network. Accordingly, we currently in place provide for and should not be restricted further. consolidate the power limits for interference mitigation without unduly Motorola Solutions explains that the FirstNet’s licensed spectrum under constraining service. We further observe power limits established under § 90.542, § 90.542(a) as proposed. Moreover, as that no public safety narrowband unlike those specified by LTE standards, we find no support in the record for licensee or other public safety are expressed in terms of ‘‘effective further restricting the permissible power commenter argued that the proposed radiated power’’ (ERP) and thus account output of hand-held devices operated in PFD limits are insufficiently restrictive for antenna gains and losses. Motorola this spectrum to reflect the operational to protect narrowband or other Solutions further argues that the parameters of LTE technology, we will operations from interference. We will Commission should continue to permit retain the 3 watt ERP limit the rule therefore consolidate the existing PFD ‘‘high gain/high powered operations’’ in currently prescribes for hand-held (i.e., limits as proposed. In doing so, we this band, because ‘‘higher power LTE portable) devices. acknowledge Harris’s argument that devices improve spectral efficiency and 16. Power Strength Limits (Power Flux FirstNet’s placement and configuration coverage range, especially in rural areas Density). In the NPRM, the Commission of sites within its network may affect with large inter-site distances and low proposed consolidating under the probability that adjacent user density.’’ Meanwhile, General § 90.542(b) of its rules the power flux narrowband users may encounter Dynamics contends that further density limits that govern the respective harmful interference from its base restricting the permissible power output segments of FirstNet’s licensed station transmissions. We would expect of hand-held devices operated in the spectrum. The Commission then sought that FirstNet will carefully coordinate public safety broadband allocation comment on whether the limit set forth, its site deployments with adjacent ‘‘would negate some manufacturers’ namely 3000 microwatts per square narrowband licensees and adjust its research and development investment- meter (mw/m2) on the ground within operations as appropriate to mitigate to-date’’ in higher-power LTE devices 1000 meters of the base of an antenna any problems that may arise. The and ‘‘could greatly impact ongoing for any signal transmitted in excess of Commission may also consider adoption system-level engineering trades for the 1000 watts ERP, remains appropriate. of a more restrictive PFD limit for this emerging [network] being designed by Finally, it sought comment on the costs spectrum in the future should the FirstNet.’’ and benefits of the proposed rule circumstances warrant. 15. Discussion. As the Commission consolidation and of any possible b. Emission Limits observed in the NPRM, power limits alternatives. play an important role in minimizing 17. Comments. Several commenters 19. In the NPRM the Commission the potential for radiofrequency (RF) support the proposed consolidation of sought comment on proposals to unify transmissions to create harmful existing power flux density limits under under § 90.543 of our rules the out-of- interference for operations in co- § 90.542(b). One such commenter, band emission (OOBE) limits that channel and adjacent spectrum bands. Motorola Solutions, explains that ‘‘[i]n govern the public safety broadband Identical power limits are already in the 800 MHz band, the 3000 mw/m2 spectrum allocation, as expanded to place for the public safety broadband limit has proven to be an effective include the D Block. First, the spectrum and D Block, and the majority compromise between service and Commission proposed consolidating of commenters support the interference prevention,’’ one that ‘‘does into § 90.543(e) the provisions consolidation of these existing not prevent interference in all cases restricting emissions from the public

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safety broadband allocation into the interference. General Dynamics states aligned with the rules applicable to 700 adjacent 700 MHz public safety that the protection of GPS operations ‘‘is MHz commercial bands. We accordingly narrowband segment (769–775/799–805 viewed with great importance,’’ while modify § 90.543(e) to include within its MHz). It then proposed consolidating Motorola Solutions observes that ‘‘GPS purview the D Block portion of into § 90.543(f) the limits on emissions is a critically important service to public FirstNet’s spectrum. In doing so, we from the public safety broadband safety as well as a wide range of emphasize that this provision merely allocation into the 1559–1610 MHz consumer, enterprise and government establishes a baseline of protection, one band, which supports the operation of applications.’’ While commenters which FirstNet may opt to strengthen as Global Positioning System (GPS) L1 generally support the proposed it moves forward with its deployment receivers, and to retain the explicit consolidation under § 90.543(f) of the and engages in its required language in § 90.543(f) that the rule existing rules limiting emissions from consultations with State and local applies to emissions ‘‘including the public safety broadband allocation governments. Accordingly, while we harmonics.’’ Finally, it sought comment into the 1559–1610 MHz band, parties decline to adopt more stringent out-of- on whether limits codified in disagree on whether that provision band emissions limits of the sort Harris § 27.53(d)(3) on emissions from the D should retain the phrase ‘‘including proposes, we encourage FirstNet to Block into frequencies below 758 MHz, harmonics.’’ General Dynamics work cooperatively with adjacent- between 775 and 788 MHz, and above contends that this phrase ‘‘is necessary channel narrowband licensees to ensure 806 MHz should be extended to apply to ensure that the rules are that their respective operations are to the public safety broadband unambiguous about restrictions that are adequately protected. spectrum. For each of these proposals, placed on harmonics of intended 25. Section 90.543(f), which limits the Commission also sought comment transmissions’’ and that the cost impact emissions from the public safety on any possible alternatives and on the of its inclusion would be ‘‘minimal.’’ broadband spectrum into the 1559–1610 respective costs and benefits of each. Ericsson, on the other hand, contends MHz band, protects critical GPS 20. Comments. All commenters that that the provision in question would operations from interference. addressed this issue support retaining apply to harmonics emissions even in Accordingly, with the support of many appropriate limits on emissions from the absence of explicit wording to that commenters, we incorporate the D Block the public safety broadband allocation effect, making such wording ‘‘not into this provision. We further observe into adjacent spectrum bands, and the necessary.’’ that no commenters provided a majority of these commenters endorse 23. Finally, a number of commenters compelling reason to delete the phrase the specific proposals issued in the support the proposed extension to the ‘‘including harmonics’’ from this NPRM. public safety broadband spectrum of provision, while one argues that such 21. A number of commenters existing limits imposed on emissions deletion could create unnecessary emphasize the need for appropriate from the D Block into neighboring ambiguity. We therefore retain the rules limiting emissions from the public commercial spectrum bands. General original wording of the part 90 safety broadband allocation into the Dynamics observes that ‘‘public safety provision. adjacent narrowband spectrum. systems based on LTE technology will Motorola Solutions supports the have to co-exist with commercial 26. Finally, we observe that many proposed consolidation of the existing services operating in adjacent commenters support the Commission’s limits on such emissions, noting that it spectrum’’ and that adopting the proposed adoption of a part 90 ‘‘strongly opposes any reduction in the proposed rule would merely ‘‘ensure provision limiting emissions from the protection afforded to public safety consistency’’ with emission limitations public safety broadband allocation into narrowband systems.’’ AT&T supports already imposed on 700 MHz public neighboring commercial spectrum the proposed rule consolidation as one safety narrowband operations. General bands, and none oppose the proposal. that would ‘‘apply to the national public Dynamics further contends that the The adoption of this proposal would safety broadband spectrum the same proposed limits ‘‘are relatively further align the technical service rules requirements applicable to commercial straightforward to achieve by fixed, for this band with those established for wireless service.’’ Harris argues that the mobile and portable stations’’ and that commercial 700 MHz LTE operations. protection of adjacent narrowband adoption of the proposal thus ‘‘will not Moreover, the one commenter to systems ‘‘require[s] special attention by impose any additional cost on public address the cost implications of the the [C]ommission’’ given the safety station equipment.’’ AT&T also proposal argues that it would create no incompatibility of broadband supports the proposal, observing that its cost burden. We accordingly adopt the technologies with these systems, which adoption would harmonize the proposal. are ‘‘used for existing critical requirements applicable to this band c. Field Strength Limits communications.’’ Harris believes that with those that apply to 700 MHz the proposed limit on emissions into the commercial wireless services. 27. In the NPRM, the Commission narrowband spectrum would not 24. Discussion. Out-of-band emissions sought comment on whether a field adequately protect these existing limits play a critical role in minimizing strength limit should be established for systems from interference from LTE inter-band interference. As several the expanded public safety broadband operations. Accordingly, it proposes a commenters recognize, the limits allocation to limit interference between more robust set of protections under established under § 90.543(e) have been the FirstNet radio access network (RAN) which limits on emissions into the calibrated to prevent public safety and any State Networks deployed in the narrowband spectrum would vary based broadband operations from interfering same band. The Commission then on the nature (e.g., base vs. mobile) of with operations in the adjacent public sought comment more specifically on both the transmitter and the receiver of safety narrowband spectrum. Moreover, whether to adopt for this band the field the out-of-band signal. while Harris explains that its alternative strength limit of 40 dBuV/M specified in 22. With respect to the 1559–1610 proposal ‘‘is based on 3GPP standard § 27.55(a)(2) for 700 MHz commercial MHz band, commenters acknowledge practice for evaluating co-location and wireless spectrum, or whether an the importance of protecting GPS L1 co-existence of commercial alternative limit would be more receivers operated there from deployments,’’ the rule as written is appropriate. The Commission also

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sought comment on the costs and amount of advance coordination of State operators to protect against mutual benefits of the various options. Network operations with those of interference. At the same time, we 28. Comments. Commenters were FirstNet. We therefore do not find it observe once again that the statute divided on whether the Commission necessary at this time to adopt a field creating FirstNet imposes on it a should adopt a field strength limit for strength limit for RANs operated in number of consultative obligations, FirstNet’s licensed spectrum. Motorola FirstNet’s licensed spectrum. including obligations to consult with Solutions supports the adoption of the state and local governments as it designs d. Interference Coordination proposed 40 dBuV/M limit ‘‘[g]iven the and implements its network. In likelihood that there will be more than 31. The Commission sought comment addition, FirstNet’s desire to attract one network operating in [this in the NPRM on whether FirstNet or public safety customers and potential spectrum.]’’ However, it also notes that other broadband operators in its commercial partners is likely to create 40 dBuV/M represents a ‘‘relatively licensed spectrum should be required to incentives for additional coordination high’’ field strength limit that is engage in interference coordination of beyond what is statutorily required, ‘‘sufficient to cause interference,’’ so some kind, either with 700 MHz which are different in kind and degree ‘‘deployments near service area commercial licensees or with incumbent from those of a manufacturer boundaries [will] require licensee public safety narrowband licensees. conducting tests. Accordingly, we do coordination.’’ AT&T contends that a 32. Comments. While several not find it necessary at this time to field strength limit should be adopted commenters acknowledge the adopt any formal requirements that ‘‘to mitigate the potential for harmful importance of protecting co-channel and FirstNet coordinate its operations with interference between the nationwide spectrally adjacent operations from either incumbent narrowband or 700 network and any State networks,’’ and mutual interference, many oppose the MHz commercial operators. We will it proposes adoption of the 40 dBuV/M adoption of formal requirements for continue, however, to exercise our limit already specified ‘‘for 700 MHz FirstNet or other public safety spectrum management and licensing commercial wireless services’’ in broadband operators to coordinate with responsibilities as necessary to ensure § 27.55(a)(2). General Dynamics and TIA either 700 MHz commercial or that properly authorized radio also support using the 40 dBuV/M limit incumbent public safety narrowband communications are protected from set forth in § 27.55(a)(2). licensees. APCO ‘‘cautions the harmful interference, and we encourage 29. Some commenters, however, Commission to refrain from adopting all parties to work together to minimize oppose the Commission’s adoption of a any unnecessary procedures or the potential for interference. field strength limit for FirstNet’s requirements that would have the effect licensed spectrum. Harris contends that of introducing additional complexity on e. International Considerations any State Networks deployed in this network planning with little or no 35. In the NPRM, the Commission spectrum must ‘‘function logically [with corresponding benefit.’’ Motorola proposed to remove the D Block from FirstNet’s network] as a single RAN,’’ Solutions raises similar concerns and the reach of § 27.57(b) and place it making field strength limits ‘‘not suggests that interference coordination within the purview of § 90.533, which necessary for this spectrum.’’ Ericsson procedures be ‘‘implemented as a design sets forth substantively identical similarly argues that such limits are guideline’’ rather than a binding rule. requirements concerning international unnecessary given the expectation that Ericsson meanwhile suggests that, while coordination. Ericsson and General FirstNet ‘‘will work in a cooperative the Commission ‘‘is wise to consider Dynamics, the only parties to address way to ensure that harmful interference coordinating interference issues’’ the issue, support this proposed rule is not an issue through coordination and between incumbent narrowband consolidation. Accordingly, we adopt site engineering.’’ Alcatel-Lucent also operators and FirstNet, these two the proposal. opposes adoption of such a limit ‘‘at this constituencies are ‘‘highly motivated’’ to f. 700 MHz Public Safety Guard Band time.’’ coordinate with one another even in the 30. Discussion. Although FirstNet is absence of any formal requirements. 36. In the NPRM, the Commission licensed on a nationwide basis, we AT&T also opposes the adoption of observed that FirstNet’s license includes acknowledge the importance of formal coordination requirements but the 768–769/798–799 MHz band, which minimizing interference between the recommends that the Commission adopt is designated as a guard band under FirstNet network and any ‘‘State for the public safety broadband Commission rules to minimize the Network’’ deployed in the same allocation the informal coordination potential for interference between the spectrum. The statutory scheme under procedures codified for commercial broadband and narrowband segments of which State Networks may be deployed, operations under § 27.64. the 700 MHz public safety band. however, includes several provisions 33. Alone among commenters, the Observing that the transfer of the that serve to promote the operational Commonwealth of Virginia (Virginia) broadband spectrum to FirstNet does integration of such networks with argues ‘‘that co-ordination requirements nothing to mitigate these concerns, the FirstNet’s nationwide deployment. A must be put in place to protect Commission proposed to maintain the State electing to deploy its own network incumbent narrowband operations’’ designation of this spectrum as a guard must submit an interoperability plan for such as its own. In support of its band and keep in place all associated the Commission’s approval; apply to position, Virginia explains that its restrictions on its use. The Commission NTIA to lease spectrum capacity from network ‘‘has already experienced sought comment on this proposal, and FirstNet upon demonstrating that will harmful interference from the testing of on whether the possibility of broadband have the technical capabilities to a 700 MHz LTE system in Virginia by operations eventually being permitted operate its network, have the ability to a manufacturer,’’ an outcome it deems in the narrowband segment should have maintain ongoing interoperability with ‘‘unacceptable for public safety any impact on this analysis. FirstNet, and provide a comparable communications.’’ 37. Comments. A number of quality of service; and pay any user fees 34. Discussion. We agree with commenters support preserving the associated with its use of FirstNet’s core commenters that assert the importance designation of the 768–769/798–799 network. These provisions, among of coordination among spectrally and MHz band as a guard band, at least others, already contemplate a significant geographically adjacent network during the early stages of public safety

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broadband network development. interference for users in adjacent bands. eliminating duplicative certification FirstNet recommends that ‘‘[a]t this The operational restrictions that processes, thereby reducing cost.’’ time’’ the Commission ‘‘enable the currently attach to the 768–769 and 43. As noted earlier, a substantial guard band to continue serving as a 798–799 MHz ‘‘guard band’’ were number of commenters, including ‘buffer’ between public safety adopted to mitigate interference FirstNet, contend that urgent broadband and narrowband spectrum.’’ between users in the broadband and Commission action is necessary to Harris agrees and further argues that narrowband segments of the public ensure that equipment is made available ‘‘the existing expanded public safety safety band, and no commenter has for operations in FirstNet’s licensed broadband allocation should be challenged the Commission’s spectrum on an expedited basis. deployed and subsequent evaluation of observation that these underlying FirstNet explains that ‘‘there is an real-world harmful interference should concerns remain valid. In addition, imminent need for authorized be evaluated before the guard band is FirstNet itself recommends that the equipment to meet the needs of allowed to be used.’’ Motorola Solutions band ‘‘continue serving as a ‘buffer’ ’’ jurisdictions that may deploy early’’ in similarly contends that ‘‘[t]he between these bands, at least in the near its licensed spectrum under lease interference concerns that led to the term. Accordingly, we will maintain the agreements. Motorola Solutions establishment of the guard band have guard band restrictions currently in similarly notes that ‘‘[t]here is already a not been mitigated’’ and that ‘‘[t]he place for the 768–769 and 798–799 MHz demand’’ for authorized equipment Commission should take no actions band. In a future proceeding we may ‘‘that will increase as FirstNet with respect to the guard band that consider relaxing these restrictions to progresses towards deployment of the would jeopardize the continued accommodate some operations in this nationwide public safety broadband interference-free availability of the band, such as those commenters network,’’ and that ‘‘[t]he halt in public safety narrowband spectrum.’’ contemplate, but such matters are not equipment authorizations is impacting The Commonwealth of Virginia also yet ripe for consideration at this early product development schedules for asserts that ‘‘a continued guard band is stage of network development. devices being designed to meet this a necessity.’’ demand.’’ Ericsson further argues that 38. Some commenters, however, g. Equipment Certification ‘‘delays in certifying equipment suggest that this spectrum could be 41. In the NPRM, the Commission hampe[r] the access to new and suitable for limited use, if only within proposed consolidating under § 90.549 potentially life-saving technologies by specified parameters. Motorola of its rules the requirements governing the public safety community.’’ Some Solutions envisions use of the band for certification of equipment for operation commenters, including APCO and ‘‘localized public safety applications’’ in FirstNet’s licensed spectrum. The Harris, offer proposals for expediting the including ‘‘low power mobile/portable Commission further observed that, availability of equipment for use in this applications that would enhance public under this approach, such certification band prior to the adoption of technical service rules. APCO recommends safety communications while posing would be subject to consolidated little risk of interference to adjacent ‘‘issuance of an earlier order that technical rules that had themselves yet band systems.’’ NPSTC meanwhile focuses on [equipment certification] to to be adopted. Accordingly, it argues that designating this spectrum as avoid further interruptions in the suspended OET’s acceptance and a ‘‘home’’ for narrowband vehicular development of equipment necessary for processing of applications for repeaters currently operated in the [network] operations.’’ Harris, equipment certification in FirstNet’s public safety broadband spectrum could meanwhile, recommends that the licensed spectrum pending the adoption serve as a cost-effective strategy for Commission permit equipment with of the necessary technical rules. In managing the relocation of these existing certifications already granted addition, it sought comment on whether operations. FirstNet also cautions that under the provisions of its 2010 waiver to adopt certification requirements ‘‘[its] plans could necessitate a change order, and equipment subsequently in the status of the public safety guard specific to this band that would certified to be compliant with that bands’’ to accommodate some augment the basic certification order’s technical requirements, to be operations therein. requirements already codified under authorized for use by early adopter 39. Finally, a few commenters § 90.549. Finally, it proposed removing networks while the Commission contend that FirstNet should retain from its rules a legacy provision, continues to develop technical service control over the operational parameters § 90.203(p), that required applicants for rules to permit the certification of of all spectrum licensed to it, including equipment certification in the public equipment. Harris clarifies, however, the 768–769/798–799 MHz band. APCO safety broadband spectrum to that all equipment operated in the band argues that FirstNet’s statutory demonstrate support for LTE interfaces should be subject to the rules ultimately responsibilities ‘‘extend to the guard that public safety operators had been adopted ‘‘to ensure interoperability and bands’’ and that the Commission should required to implement under rules no [a] multi-vendor environment.’’ accordingly ‘‘remove the existing guard longer in force. 44. A few commenters also urge the band restrictions and instead leave to 42. Comments. In general, Commission to refrain from adopting FirstNet’s discretion as to how to commenters support the specific any band-specific requirements that address any potential interference proposals regarding equipment would augment the more basic issues.’’ Similarly, Ericsson ‘‘supports certification set forth in the NPRM. requirements for equipment certification allowing FirstNet discretion on its use Those commenters that addressed these established under § 90.549. On this as long as these bands function as guard matters support the proposed point, Motorola Solutions observes that bands to protect narrowband consolidation of requirements under ‘‘[s]imilar to any commercial system operations.’’ § 90.549 and the proposed deletion of operator, FirstNet has the right to 40. Discussion. As an initial matter, § 90.203(p). With respect to the impose additional requirements on we observe that the Commission holds proposed rule consolidation, General equipment vendors to support specified authority to adopt regulations aimed at Dynamics further observes that ‘‘[t]he features, protocols and applications’’ preventing public safety broadband inclusion of the D Block frequency in and that ‘‘[s]ubjecting future network operations from creating this section will have the benefit of enhancements and refinements to the

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Commission’s rulemaking process any other entity in deploying and and Motorola Solutions identified for would add unnecessary delay to operating the network. Any such revision two additional ‘‘non- providing public safety with devices restriction the rule might impose, on the substantive’’ part 27 references to the D that have the latest features and other hand, may exceed the scope of the Block. We agree that these changes to functionality.’’ NPRM, which did not expressly seek reflect the new statutory mandate with 45. Discussion. Our adoption in the comment on proposals to implement the respect to the D Block are purely Second R&O of consolidated public statutory requirement that FirstNet base ministerial, and we adopt such revisions safety broadband technical service rules its network on ‘‘commercial standards,’’ as well. sets the stage for equipment or on how this requirement of the 52. The Commission also proposed certifications to commence in this band. Spectrum Act should be construed in minor revisions to §§ 2.103, 90.179 and Commenters widely support the this context. We thus decline to adopt 90.523 of its rules to omit references to Commission’s proposal to unify the AT&T’s proposal. the defunct Public Safety Broadband equipment certification requirements for 49. Harris’s Proposed Regulatory Licensee. The few commenters that this band under § 90.549, without Classification of LTE Base Stations. addressed any of these proposed further modification. We accordingly Harris proposes that the Commission’s revisions support them. We accordingly consolidate this rule as proposed and public safety broadband service rules adopt these proposals as well. direct the Office of Engineering and ‘‘establish distinct definitions and rules Technology to certify equipment in this for different types of base stations . . . Procedural Matters band consistent with the technical rules in a manner consistent with 3GPP A. Final Regulatory Flexibility Analysis adopted in the Second R&O, as soon as definitions and technical these rules become effective. We also specifications.’’ In particular, Harris 1. As required by the Regulatory delete § 90.203(p) as proposed in the recommends the adoption of distinct Flexibility Act (RFA), the Commission NPRM. transmitter power and minimum has prepared this Final Regulatory 46. Moreover, as explained in more coupling loss (MCL) restrictions for Flexibility Analysis (FRFA) of the detail below, we will make the Second ‘‘Wide area,’’ ‘‘Medium area,’’ ‘‘Local possible significant economic impact on R&O effective January 6, 2014. Such area,’’ and ‘‘Home’’ base stations, at small entities of rules adopted in the action will expedite the Commission’s levels defined by the LTE standard. Second R&O in PS Docket No. 12–94. ability to process applications for Specialized requirements for various The Commission sought comment on equipment certification under the newly base station classes are necessary, Harris such impact in an Initial Regulatory consolidated rules, thereby obviating asserts, ‘‘to ensure that minimum Flexibility Analysis (IRFA) prepared in the need for adoption of interim technical requirements are placed on connection with the NPRM in which the measures such as those APCO and each of the classes while minimizing rules were proposed. No commenters Harris propose. cost and harmful interference directly responded to the IRFA. h. Miscellaneous Proposals From the potential.’’ B. Need for, and Objectives of, the 50. The technical rules we are Comment Record Proposed Rules establishing for FirstNet’s licensed 47. AT&T’s Proposed Rule on spectrum include power limits and 2. In the Second R&O, the Adherence to Commercial Standards. other technical requirements aimed at Commission adopts a unified set of AT&T proposes that, in addition to mitigating the interference potential of technical service rules for the spectrum consolidating existing technical rules operations in FirstNet’s licensed licensed to the First Responder Network under part 90, the Commission should spectrum. These protections are well- Authority (FirstNet) for purposes of adopt ‘‘a catch-all rule to ensure that the established and enjoy broad record establishing a nationwide 700 MHz public safety broadband network support, and, as some commenters have public safety broadband network. This operates in accordance with observed, they are generally aligned unification primarily involves merging ‘commercial standards’ as defined [by with the technical service rules that into part 90 of the Commission’s rules statute].’’ Motorola Solutions opposes apply to 700 MHz commercial LTE a number of technical requirements that the adoption of such a rule, arguing that services. We do not find that Harris has had been codified separately in parts 27 it ‘‘may hinder FirstNet’s ability to made the case for codifying a distinct and 90 for the two respective segments promote the development and use of and potentially conflicting set of rules of FirstNet’s licensed spectrum, the public safety applications and devices for FirstNet’s licensed spectrum based ‘‘public safety broadband spectrum’’ that do not conform precisely to directly on LTE design specifications, (763–768/793–798 MHz) and the ‘‘D commercial standards.’’ which themselves may evolve over time. Block’’ (758–763/788–793 MHz). Such 48. AT&T concedes that many of the Accordingly, we decline to adopt action will further ‘‘facilitate[s] the specific technical rules proposed in the Harris’s proposal. transition’’ of spectrum to FirstNet for NPRM align with requirements its use in establishing a nationwide applicable to commercial spectrum 2. Further Rule Consolidations wireless broadband communications bands, but it asserts that its proposed 51. In addition to its proposed network for our Nation’s first rule ‘‘would serve to fill any unintended consolidation of technical service rules, responders. In particular, the adoption gaps in the other rules, provide the Commission proposed additional of consolidated rules for FirstNet’s important context for construing any minor rule revisions necessary to licensed spectrum will enable the ambiguities in the other rules, and remove the D Block from the reach of Commission to start certifying plainly place the Commission in step part 27 and place it within the purview equipment for operation in this with the mission of other governments of part 90. The only commenters to spectrum under the technical rules entities charged with implementing [the address these proposed revisions established for the combined band. statute].’’ The rule it proposes, however, support them. We accordingly adopt the largely recites general principles set proposals. We also requested comment C. Summary of Significant Issues Raised forth by statute and, as such, would not more generally on ‘‘the development of by Comments in Response to IRFA appear to place any affirmative a unified set of rules for the expanded 3. No commenters directly responded restriction on the conduct of FirstNet or public safety broadband allocation,’’ to the IRFA. A number of commenters

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expressed support in general for the highway maintenance, and emergency industry comprises establishments consolidation of technical rules that we medical services. Because of the vast primarily engaged in manufacturing effect in the Second R&O. Also, no array of public safety licensees, the radio and television broadcast and commenters expressed the view that Commission has not developed a small wireless communications equipment. such consolidation of rules would have business size standard specifically Examples of products made by these a significant economic impact on a applicable to public safety licensees. establishments are: Transmitting and substantial number of small entities. The SBA rules contain a definition for receiving antennas, cable television Wireless Telecommunications Carriers equipment, GPS equipment, pagers, D. Description and Estimate of the (except Satellite) which encompasses cellular phones, mobile Number of Small Entities To Which the business entities engaged in communications equipment, and radio Proposed Rules Will Apply radiotelephone communications and television studio and broadcasting 4. The RFA directs agencies to employing no more than 1,500 persons. equipment.’’ The SBA has developed a provide a description of, and, where With respect to local governments, in small business size standard for Radio feasible, an estimate of, the number of particular, since many governmental and Television Broadcasting and small entities that may be affected by entities comprise the licensees for these Wireless Communications Equipment the rules adopted herein. The RFA services, we include under public safety Manufacturing, which is: all such firms generally defines the term ‘‘small services the number of government having 750 or fewer employees. entity’’ as having the same meaning as entities affected. According to According to Census Bureau data for the terms ‘‘small business,’’ ‘‘small Commission records, there are a total of 2007, there were a total of 939 organization,’’ and ‘‘small governmental approximately 133,870 licenses within establishments in this category that jurisdiction.’’ In addition, the term these services. There are 2,442 licenses operated for part or all of the entire year. ‘‘small business’’ has the same meaning in the 4.9 GHz band, based on an FCC According to Census bureau data for as the term ‘‘small business concern’’ Universal Licensing System search of 2007, there were a total of 919 firms in under the Small Business Act. A ‘‘small May 23, 2012. We estimate that fewer this category that operated for the entire business concern’’ is one which: (1) Is than 2,442 public safety radio licensees year. Of this total, 771 had less than 100 independently owned and operated; (2) hold these licenses because certain employees and 148 had more than 100 is not dominant in its field of operation; entities may have multiple licenses. employees. Thus, under that size and (3) satisfies any additional criteria 7. We observe, however, that ‘‘small standard, the majority of firms can be established by the Small Business governmental jurisdictions’’—regardless considered small. Administration (‘‘SBA’’). Below, we of their status as Public Safety Radio further describe and estimate the Pool licensees—are ineligible to hold E. Description of Projected Reporting, number of small entity licensees and direct Commission authorizations to Recordkeeping, and Other Compliance regulatees that may be affected by the operate in the spectrum licensed to Requirements rules changes we propose in the NPRM. FirstNet. By statute, FirstNet is charged 9. The technical service rules adopted 5. Small Businesses, Small with constructing, operating and in the Second R&O largely involve Organizations, and Small Governmental maintaining public safety broadband consolidating a number of parallel part Jurisdictions. Our action may, over time, network in this spectrum on a 27 and part 90 rules within the latter affect small entities that are not easily nationwide basis, under a nationwide rule part, so as to subject FirstNet’s categorized at present. We therefore license. Accordingly, we do not believe licensed spectrum to a unified set of describe here, at the outset, three the technical service rules adopted in rules. Because FirstNet is the comprehensive, statutory small entity the Second R&O to govern operations in nationwide licensee in this spectrum, it size standards. First, nationwide, there this spectrum will directly affect a will be primarily responsible on a are a total of approximately 27.5 million substantial number of small entities, nationwide basis for complying with small businesses, according to the SBA. and that it is thus unnecessary to any such requirements that are In addition, a ‘‘small organization’’ is prepare a regulatory flexibility analysis ultimately adopted. Accordingly, as generally ‘‘any not-for-profit enterprise in connection with these requirements. discussed, we do not believe that these which is independently owned and Nevertheless, to the extent such rules requirements would have a significant operated and is not dominant in its could be construed as having a direct economic impact on a substantial field.’’ Nationwide, as of 2007, there effect on a substantial number of small number of small entities. were approximately 1,621,315 small entities, we estimate that the economic 10. The Second R&O also establishes organizations. Finally, the term ‘‘small impact on any entity would be minimal. certification requirements for equipment governmental jurisdiction’’ is defined This is because the rules adopted in the operated in the combined public safety generally as ‘‘governments of cities, Second R&O largely involve unifying broadband spectrum and directs the towns, townships, villages, school under a single set of part 90 provisions Commission’s Office of Engineering and districts, or special districts, with a a number of already existing technical Technology (OET) to process population of less than fifty thousand.’’ requirements that had been codified in certifications under the newly Census Bureau data for 2011 indicate disparate rule sections. consolidated rules. These certification that there were 89,476 local 8. The Second R&O does, however, requirements will be applicable to governmental jurisdictions in the establish rules governing equipment entities, such as equipment United States. We estimate that, of this certification, which would apply manufacturers, seeking to certify total, as many as 88,506 entities may directly to equipment manufacturers or equipment for operation in this qualify as ‘‘small governmental other entities seeking to certify spectrum. However, as we observed in jurisdictions.’’ Thus, we estimate that equipment for use in FirstNet’s licensed the IRFA, equipment certification is a most governmental jurisdictions are spectrum. The SBA category that longstanding Commission practice, small. includes such entities is that of ‘‘Radio widely applicable to equipment 6. Public Safety Radio Licensees. As a and Television Broadcasting and marketed for operation in radiospectrum general matter, Public Safety Radio Pool Wireless Communications Equipment licensed by the Commission. As the licensees include police, fire, local Manufacturing,’’ which the Census Commission further anticipated in the government, forestry conservation, Bureau defines as follows: ‘‘This IRFA, the equipment certification rules

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adopted in the Second R&O do not goes into effect, but not when an agency 47 CFR Part 90 depart significantly from current otherwise finds and publishes ‘‘good practice in this area. Indeed, the rules cause’’ for an earlier effective date. We Administrative practice and merely consolidate equipment believe there is good cause for making procedure, Business and industry, Civil certification requirements already such rules effective immediately upon defense, Common carriers, applicable to the two respective publication. As noted above, in our Communications equipment, Emergency segments of FirstNet’s licensed NPRM we suspended OET’s acceptance medical services, Individuals with spectrum. We do not believe that such and processing of applications for disabilities, Radio, Reporting and consolidation would have a significant equipment certification in this band recordkeeping requirements. economic impact on a substantial pending the adoption of the foregoing Federal Communications Commission. number of small entities. technical rules against which to Marlene H. Dortch, F. Steps Taken To Minimize Significant evaluate such equipment. With several Secretary. Economic Impact on Small Entities, and near-term deployments now planned in Significant Alternatives Considered FirstNet’s licensed spectrum, some For the reasons discussed in the under lease agreements that have preamble, the Federal Communications 11. The RFA requires an agency to already been executed, it is essential Commission amends 47 CFR parts 1, 2, describe any significant alternatives that that the Commission commence its 27 and 90 as follows: it has considered in developing its equipment certification process for this approach, which may include the band as soon as possible, particularly in PART 1—PRACTICE AND following four alternatives (among light of the clear public safety benefits PROCEDURE others): ‘‘(1) the establishment of resulting from such proposed differing compliance or reporting deployments. Because the rules we ■ 1. The authority citation for part 1 requirements or timetables that take into adopt in the Second R&O will provide continues to read as follows: account the resources available to small the foundation for this certification Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. entities; (2) the clarification, process, expediting their effective date consolidation, or simplification of 151, 154(i), 154(j), 155, 157, 225, 227, 303(r), is necessary to prevent delay in the 309, 1403, 1404, and 1451. compliance and reporting requirements availability of equipment for operation under the rule for such small entities; in FirstNet’s licensed spectrum. We will ■ 2. Section 1.9005 is amended by (3) the use of performance rather than therefore make the Second Report and revising paragraph (k) to read as follows: design standards; and (4) an exemption Order effective January 6, 2014. from coverage of the rule, or any part § 1.9005 Included services. Congressional Review Act thereof, for such small entities.’’ * * * * * 12. As previously discussed, the rules The Bureau will send a copy of the adopted in the Second R&O already (k) The Wireless Communications Report and Order to Congress and the involve the ‘‘consolidation’’ of existing Service in the 746–758 MHz, 775–788 Government Accountability Office requirements into a unified set of part MHz, and 805–806 MHz bands (part 27 pursuant to the Congressional Review 90 provisions. We believe that such of this chapter); Act, see 5 U.S.C. 801(a)(1)(A). action will help facilitate the efforts in * * * * * deploying the network, and there is no List of Subjects reason to believe that such rule PART 2—FREQUENCY ALLOCATIONS 47 CFR Part 1 consolidation would impose a AND RADIO TREATY MATTERS; significant economic impact on small Administrative practice and GENERAL RULES AND REGULATIONS entities. procedure, Civil rights, Claims, 13. We also do not believe it would Communications common carriers, ■ 3. The authority citation for part 2 be tenable to establish differing Cuba, Drug abuse, Environmental continues to read as follows: requirements for small entities or to impact statements, Equal access to Authority: 47 U.S.C. 154, 302(a), 303, and exempt such entities from rules adopted justice, Equal employment opportunity, 336, unless otherwise noted. in the Second R&O, including rules Federal buildings and facilities, governing equipment certification. Government employees, Income taxes, ■ 4. Section 2.103 is amended by Given the importance of ensuring that Indemnity payments, Individuals with revising paragraph (a) introductory text the public safety broadband network is disabilities, Investigations, Lawyers, and paragraph (c) to read as follows: technically and operationally viable on Metric system, Penalties, Radio, a nationwide basis, it is important that § 2.103 Federal use of non-Federal Reporting and recordkeeping frequencies. the network be governed by a common requirements, Satellites, set of rules and requirements and that Telecommunications, Television, (a) Federal stations may be authorized all equipment operated in the network Wages. to use non-Federal frequencies in the be subject to common certification bands above 25 MHz (except the 758– procedures. 47 CFR Part 2 775 MHz and 788–805 MHz public G. Federal Rules That May Duplicate, Communications equipment, Disaster safety bands) if the Commission finds Overlap, or Conflict With the Proposed assistance, Imports, Radio, Reporting that such use is necessary for Rule and recordkeeping requirements, coordination of Federal and non-Federal activities: Provided, however, that: 14. None. Telecommunications, Television, Wiretapping and electronic * * * * * Effective Date surveillance. (c) Federal stations may be authorized Section 553 of the Administrative 47 CFR Part 27 by the First Responder Network Procedure Act generally requires Authority to use channels in the 758– publication of a rule in the Federal Communications common carriers, 769 MHz and 788–799 MHz public Register at least thirty days before it Radio. safety bands.

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PART 27—MISCELLANEOUS 740 MHz bands, Block E in the 722–728 the following rules apply to WCS and WIRELESS COMMUNICATIONS MHz band, Block C, C1 or C2 in the AWS licensees holding authorizations SERVICES 746–757 MHz and 776–787 MHz bands, for purposes of implementing the Block A in the 2305–2310 MHz and construction requirements set forth in ■ 5. The authority citation for part 27 2350–2355 MHz bands, Block B in the § 27.14. * * * continues to read as follows: 2310–2315 MHz and 2355–2360 MHz * * * * * Authority: 47 U.S.C. 154, 301, 302a, 303, bands, Block C in the 2315–2320 MHz ■ 11. Section 27.20 is amended by 307, 309, 332, 336, 337, 1403, 1404, and 1451 band, and Block D in the 2345–2350 revising paragraph (a) to read as follows: unless otherwise noted. MHz band, and with the exception of ■ 6. Section 27.6 is amended by revising licensees holding AWS authorizations § 27.20 Digital television transition paragraph (b) introductory text and in the 1915–1920 MHz and 1995–2000 education reports. removing paragraph (b)(3) to read as MHz bands or the 2000–2020 MHz and (a) The requirements of this section follows: 2180–2200 MHz bands, must, as a shall apply only with regard to WCS performance requirement, make a license authorizations in Block A in the § 27.6 Service areas. showing of ‘‘substantial service’’ in their 698–704 MHz and 728–734 MHz bands, * * * * * license area within the prescribed Block B in the 704–710 MHz and 734– (b) 746–758 MHz, 775–788 MHz, and license term set forth in § 27.13. * * * 740 MHz bands, Block E in the 722–728 805–806 MHz bands. WCS service areas * * * * * MHz band, and Block C, C1 or C2 in the for the 746–758 MHz, 775–788 MHz, (e) Comparative renewal proceedings 746–757 MHz and 776–787 MHz bands. and 805–806 MHz bands are as follows. do not apply to WCS licensees holding * * * * * * * * * * authorizations for Block A in the 698– ■ 12. Section 27.50 is amended by ■ 7. Section 27.11 is amended by 704 MHz and 728–734 MHz bands, revising paragraph (b) introductory text, revising paragraph (c) introductory text Block B in the 704–710 MHz and 734– paragraphs (b)(2) through (b)(6), (b)(7) and removing paragraph (c)(4) to read as 740 MHz bands, Block C in the 710–716 introductory text, (b)(7)(i), (b)(8) through follows: MHz and 740–746 MHz bands, Block D (b)(10), (b)(12), (c)(5)(i), and the in the 716–722 MHz band, Block E in § 27.11 Initial authorization. headings to Table 1 through Table 4 the 722–728 MHz band, or Block C, C1 below paragraph (i) to read as follows: * * * * * or C2 in the 746–757 MHz and 776–787 (c) 746–758 MHz, 775–788 MHz, and MHz bands. * * * § 27.50 Power limits and duty cycle. 805–806 MHz bands. Initial * * * * * * * * * * authorizations for the 746–758 MHz, ■ 10. Section 27.15 is amended by (b) The following power and antenna 775–788 MHz, and 805–806 MHz bands revising the first sentence in paragraphs height limits apply to transmitters shall be for paired channels of 1, 5, 6, (d)(1)(i) and (d)(2)(i) to read as follows: operating in the 746–758 MHz, 775–788 or 11 megahertz of spectrum in MHz and 805–806 MHz bands: accordance with § 27.5(b). § 27.15 Geographic partitioning and * * * * * * * * * * spectrum disaggregation. (2) Fixed and base stations ■ 8. Section 27.13 is amended by * * * * * transmitting a signal in the 746–757 revising the first sentence in paragraph (d) * * * MHz and 776–787 MHz bands with an (b) to read as follows: (1) * * * emission bandwidth of 1 MHz or less (i) Except for WCS licensees holding must not exceed an ERP of 1000 watts § 27.13 License period. authorizations for Block A in the 698– and an antenna height of 305 m HAAT, * * * * * 704 MHz and 728–734 MHz bands, except that antenna heights greater than (b) 698–758 MHz, 776–788, 775–776, Block B in the 704–710 MHz and 734– 305 m HAAT are permitted if power and 805–806 MHz bands. Initial 740 MHz bands, Block E in the 722–728 levels are reduced below 1000 watts authorizations for the 698–758 MHz and MHz band, or Blocks C, C1, and C2 in ERP in accordance with Table 1 of this 776–788 MHz bands will extend for a the 746–757 MHz and 776–787 MHz section. term not to exceed ten years from June bands; and for licensees holding AWS (3) Fixed and base stations located in 13, 2009, except that initial authorizations in the 1915–1920 MHz a county with population density of 100 authorizations for a part 27 licensee that and 1995–2000 MHz bands or the 2000– or fewer persons per square mile, based provides broadcast services, whether 2020 MHz and 2180–2200 MHz bands; upon the most recently available exclusively or in combination with the following rules apply to WCS and population statistics from the Bureau of other services, will not exceed eight AWS licensees holding authorizations the Census, and transmitting a signal in years. * * * for purposes of implementing the the 746–757 MHz and 776–787 MHz * * * * * construction requirements set forth in bands with an emission bandwidth of 1 § 27.14. * * * ■ 9. Section 27.14 is amended by MHz or less must not exceed an ERP of revising the first sentence in paragraph * * * * * 2000 watts and an antenna height of 305 (a) and the first sentence in paragraph (2) * * * m HAAT, except that antenna heights (e), and removing and reserving (i) Except for WCS licensees holding greater than 305 m HAAT are permitted paragraphs (m) and (n), to read as authorizations for Block A in the 698– if power levels are reduced below 2000 follows: 704 MHz and 728–734 MHz bands, watts ERP in accordance with Table 2 of Block B in the 704–710 MHz and 734– this section. § 27.14 Construction requirements; 740 MHz bands, Block E in the 722–728 (4) Fixed and base stations Criteria for renewal. MHz band, or Blocks C, C1, and C2 in transmitting a signal in the 746–757 (a) AWS and WCS licensees, with the the 746–757 MHz and 776–787 MHz MHz and 776–787 MHz bands with an exception of WCS licensees holding bands; and for licensees holding AWS emission bandwidth greater than 1 MHz authorizations for Block A in the 698– authorizations in the 1915–1920 MHz must not exceed an ERP of 1000 watts/ 704 MHz and 728–734 MHz bands, and 1995–2000 MHz bands or the 2000– MHz and an antenna height of 305 m Block B in the 704–710 MHz and 734– 2020 MHz and 2180–2200 MHz bands; HAAT, except that antenna heights

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greater than 305 m HAAT are permitted MHz and 776–787 MHz bands at an ERP 90 days prior to the commencement of if power levels are reduced below 1000 greater than 1000 watts must: station operation. watts/MHz ERP in accordance with (i) Coordinate in advance with all (9) Control stations and mobile Table 3 of this section. licensees authorized to operate in the stations transmitting in the 746–757 (5) Fixed and base stations located in 698–758 MHz, 775–788, and 805–806 MHz, 776–788 MHz, and 805–806 MHz a county with population density of 100 MHz bands within 120 kilometers (75 bands and fixed stations transmitting in or fewer persons per square mile, based miles) of the base or fixed station; the 787–788 MHz and 805–806 MHz upon the most recently available bands are limited to 30 watts ERP. population statistics from the Bureau of * * * * * (10) Portable stations (hand-held the Census, and transmitting a signal in (8) Licensees authorized to transmit in devices) transmitting in the 746–757 the 746–757 MHz and 776–787 MHz the 746–757 MHz and 776–787 MHz MHz, 776–788 MHz, and 805–806 MHz bands with an emission bandwidth bands and intending to operate a base or bands are limited to 3 watts ERP. greater than 1 MHz must not exceed an fixed station at a power level permitted * * * * * ERP of 2000 watts/MHz and an antenna under the provisions of paragraph (b)(6) (12) For transmissions in the 746–757 height of 305 m HAAT, except that of this section must provide advanced and 776–787 MHz bands, licensees may antenna heights greater than 305 m notice of such operation to the employ equipment operating in HAAT are permitted if power levels are Commission and to licensees authorized compliance with either the reduced below 2000 watts/MHz ERP in in their area of operation. Licensees who measurement techniques described in accordance with Table 4 of this section. must be notified are all licensees paragraph (b)(11) of this section or a (6) Licensees of fixed or base stations authorized to operate in the 758–775 Commission-approved average power transmitting a signal in the 746–757 MHz and 788–805 MHz bands under technique. In both instances, equipment MHz and 776–787 MHz bands at an ERP part 90 of this chapter within 75 km of employed must be authorized in greater than 1000 watts must comply the base or fixed station and all regional accordance with the provisions of with the provisions set forth in planning committees, as identified in § 27.51. paragraph (b)(8) of this section and § 90.527 of this chapter, with (c) * * * § 27.55(c). jurisdiction within 75 km of the base or (5) * * * (7) Licensees seeking to operate a fixed station. Notifications must provide (i) Coordinate in advance with all fixed or base station located in a county the location and operating parameters of licensees authorized to operate in the with population density of 100 or fewer the base or fixed station, including the 698–758 MHz, 775–788, and 805–806 persons per square mile, based upon the station’s ERP, antenna coordinates, MHz bands within 120 kilometers (75 most recently available population antenna height above ground, and miles) of the base or fixed station; statistics from the Bureau of the Census, vertical antenna pattern, and such * * * * * and transmitting a signal in the 746–757 notifications must be provided at least (i) * * *

TABLE 1—PERMISSIBLE POWER AND ANTENNA HEIGHTS FOR BASE AND FIXED STATIONS IN THE 757–758 AND 775–776 MHZ BANDS AND FOR BASE AND FIXED STATIONS IN THE 698–757 MHZ AND 776–787 MHZ BANDS TRANSMITTING A SIGNAL WITH AN EMISSION BANDWIDTH OF 1 MHZORLESS

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TABLE 2—PERMISSIBLE POWER AND ANTENNA HEIGHTS FOR BASE AND FIXED STATIONS IN THE 698–757 MHZ AND 776– 787 MHZ BANDS TRANSMITTING A SIGNAL WITH AN EMISSION BANDWIDTH OF 1 MHZORLESS

*******

TABLE 3—PERMISSIBLE POWER AND ANTENNA HEIGHTS FOR BASE AND FIXED STATIONS IN THE 698–757 MHZ AND 776– 787 MHZ BANDS TRANSMITTING A SIGNAL WITH AN EMISSION BANDWIDTH GREATER THAN 1 MHZ

*******

TABLE 4—PERMISSIBLE POWER AND ANTENNA HEIGHTS FOR BASE AND FIXED STATIONS IN THE 698–757 MHZ AND 776– 787 MHZ BANDS TRANSMITTING A SIGNAL WITH AN EMISSION BANDWIDTH GREATER THAN 1 MHZ

*******

■ 13. Section 27.53 is amended by introductory text, (d)(1), (d)(2) and (e) to (d) For operations in the 775–776 removing paragraph (d), redesignating read as follows: MHz and 805–806 MHz bands, paragraphs (e) through (n) as paragraphs transmitters must comply with either (d) through (m), and revising newly § 27.53 Emission limits. paragraphs (d)(1) through (5) of this redesignated paragraphs (d) * * * * * section or the ACP emission limitations

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set forth in paragraphs (d)(6) to (d)(9) of interference from, television broadcast operate in the 787–788 MHz and 805– this section. operations in Mexico and Canada. 806 MHz bands and control and mobile (1) On all frequencies between 758– * * * * * stations (including portables) that 775 MHz and 788–805 MHz, the power ■ 16. Section 27.60 is amended by operate in the 746–757 MHz and 776– of any emission outside the licensee’s revising the introductory text, paragraph 787 MHz bands, co-channel protection frequency bands of operation shall be (a)(1)(iii), the second sentence in shall be afforded in accordance with the attenuated below the transmitter power paragraph (b) introductory text, the first values specified in Table D (co-channel (P) within the licensed band(s) of sentence in paragraph (b)(2)(i), frequencies based on 40 dB protection operation, measured in watts, by a factor paragraph (b)(2)(ii) introductory text, for TV stations and 17 dB for DTV not less than 76 + 10 log (P) dB in a 6.25 and paragraphs (b)(2)(ii)(A) and (C) to stations) in § 90.309 of this chapter. kHz band segment, for base and fixed read as follows: * * * * * stations; (C) For control, fixed, and mobile (2) On all frequencies between 758– § 27.60 TV/DTV interference protection stations (including portables) that criteria. 775 MHz and 788–805 MHz, the power operate in the 787–788 MHz and 805– of any emission outside the licensee’s Base, fixed, control, and mobile 806 MHz bands and control and mobile frequency bands of operation shall be transmitters in the 698–758 MHz, 775– stations (including portables) that attenuated below the transmitter power 788 MHz, and 805–806 MHz frequency operate in the 698–757 MHz and 776– (P) within the licensed band(s) of bands must be operated only in 787 MHz bands, adjacent channel operation, measured in watts, by a factor accordance with the rules in this section protection shall be afforded by not less than 65 + 10 log (P) dB in a 6.25 to reduce the potential for interference providing a minimum distance of 8 kHz band segment, for mobile and to public reception of the signals of kilometers (5 miles) from all adjacent portable stations; existing TV and DTV broadcast stations channel TV/DTV station hypothetical or * * * * * transmitting on TV Channels 51 through equivalent Grade B contours (adjacent (e) For operations in the 746–758 68. channel frequencies based on 0 dB MHz, 775–788 MHz, and 805–806 MHz (a) * * * protection for TV stations and ¥23 dB bands, emissions in the band 1559–1610 (1) * * * for DTV stations). MHz shall be limited to ¥70 dBW/MHz (iii) For transmitters operating in the * * * * * equivalent isotropically radiated power 746–758 MHz, 775–788 MHz, and 805– (EIRP) for wideband signals, and ¥80 806 MHz frequency bands, 17 dB at the ■ 17. Section 27.70 is amended by dBW EIRP for discrete emissions of less equivalent Grade B contour (41 dBmV/ revising paragraph (a) introductory text, than 700 Hz bandwidth. For the purpose m) (88.5 kilometers (55 miles)) of the and paragraphs (b)(1) and (2) to read as of equipment authorization, a DTV station. follows: transmitter shall be tested with an * * * * * § 27.70 Information exchange. antenna that is representative of the (b) * * * Tables to determine the type that will be used with the necessary minimum distance from the (a) Prior notification. Public safety equipment in normal operation. 698–758 MHz, 775–788 MHz, and 805– licensees authorized to operate in the * * * * * 806 MHz station to the TV/DTV station, 758–775 MHz and 788–805 MHz bands ■ assuming that the TV/DTV station has a may notify any licensee authorized to 14. Section 27.55 is amended by operate in the 746–757 or 776–787 MHz revising paragraph (c) to read as follows: hypothetical or equivalent Grade B contour of 88.5 kilometers (55 miles), bands that they wish to receive prior § 27.55 Power strength limits. are located in § 90.309 of this chapter notification of the activation or * * * * * and labeled as Tables B, D, and E. * * * modification of the licensee’s base or (c) Power flux density limit for * * * * * fixed stations in their area. Thereafter, stations operating in the 746–757 MHz (2) * * * the 746–757 or 776–787 MHz band and 776–787 MHz bands. For base and (i) Base and fixed stations that operate licensee must provide the following fixed stations operating in the 746–757 in the 746–758 MHz and 775–787 MHz information to the public safety licensee MHz and 776–787 MHz bands in bands having an antenna height (HAAT) at least 10 business days before a new accordance with the provisions of less than 152 m. (500 ft.) shall afford base or fixed station is activated or an § 27.50(b)(6), the power flux density that protection to co-channel and adjacent existing base or fixed station is would be produced by such stations channel TV/DTV stations in accordance modified: through a combination of antenna with the values specified in Table B (co- * * * * * height and vertical gain pattern must channel frequencies based on 40 dB (b) * * * not exceed 3000 microwatts per square protection) and Table E (adjacent (1) Allow a public safety licensee to meter on the ground over the area channel frequencies based on 0 dB advise the 746–757 or 776–787 MHz extending to 1 km from the base of the protection) in § 90.309 of this chapter. band licensee whether it believes a antenna mounting structure. *** proposed base or fixed station will ■ 15. Section 27.57 is amended by (ii) Control, fixed, and mobile stations generate unacceptable interference; revising paragraph (b) to read as follows: (including portables) that operate in the (2) Permit 746–757 and 776–787 MHz 787–788 MHz and 805–806 MHz bands § 27.57 International coordination. band licensees to make voluntary and control and mobile stations changes in base or fixed station * * * * * (including portables) that operate in the parameters when a public safety (b) Operation in the 698–758 MHz, 698–757 MHz and 776–787 MHz bands licensee alerts them to possible 775–788 MHz, and 805–806 MHz bands are limited in height and power and interference; and, is subject to international agreements therefore shall afford protection to co- between Mexico and Canada. Unless channel and adjacent channel TV/DTV * * * * * otherwise modified by international stations in the following manner: ■ 18. Section 27.303 is amended by treaty, licenses must not cause (A) For control, fixed, and mobile revising paragraph (a) introductory text interference to, and must accept harmful stations (including portables) that to read as follows:

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§ 27.303 Upper 700 MHz commercial and § 90.203 [Amended] applicable, regarding non-broadcast use public safety coordination zone. ■ 22. Section 90.203 is amended by of the 758–775 MHz and 788–805 MHz (a) General. CMRS operators are removing paragraph (p) and bands. required, prior to commencing redesignating paragraph (q) as paragraph § 90.542 [Amended] operations on fixed or base station (p). transmitters on the 776–787 MHz band ■ 23. Section 90.205 is amended by ■ 26. Section 90.542 is amended by that are located within 500 meters of revising paragraph (j) to read as follows: revising all references to ‘‘763’’ to read existing or planned public safety base ‘‘758’’ and ‘‘793’’ to read ‘‘788’’ in station receivers, to submit a description § 90.205 Power and antenna height limits. paragraph (a) introductory text, in of their proposed facility to a * * * * * paragraphs (a)(1) through (8), in the Commission-approved public safety (j) 758–775 MHz and 788–805 MHz. headers of Tables 1 through 4, and in coordinator. Power and height limitations are paragraph (b). * * * * * specified in §§ 90.541 and 90.542. ■ 27. Section 90.543 is amended by * * * * * revising the introductory text, revising ■ 19. Section 27.501 is revised to read ■ 24. Section 90.523 is amended by paragraph (e) introductory text, as follows: revising the introductory text and redesignating paragraph (e)(3) as (e)(4), § 27.501 746–758 MHz, 775–788 MHz, and paragraph (e), to read as follows: adding new paragraphs (e)(3) and (5), 805–806 MHz bands subject to competitive and revising paragraph (f) to read as § 90.523 Eligibility. bidding. follows: This section implements the Mutually exclusive initial definition of public safety services § 90.543 Emission limitations. applications for licenses in the 746–758 contained in 47 U.S.C. 337(f)(1). The Transmitters designed to operate in MHz, 775–788 MHz, and 805–806 MHz following are eligible to hold 769–775 MHz and 799–805 MHz bands are subject to competitive Commission authorizations for systems frequency bands must meet the bidding. The general competitive operating in the 769–775 MHz and 799– emission limitations in paragraphs (a) bidding procedures set forth in part 1, 805 MHz frequency bands: through (d) of this section. Transmitters subpart Q of this chapter will apply * * * * * operating in 758–768 MHz and 788–798 unless otherwise provided in this (e) A nationwide license for the 758– MHz bands must meet the emission subpart. 769 MHz and 788–799 MHz bands shall limitations in (e) of this section. be issued to the First Responder * * * * * PART 90—PRIVATE LAND MOBILE Network Authority. RADIO SERVICES (e) For operations in the 758–768 ■ 25. Section 90.533 is amended by MHz and the 788–798 MHz bands, the revising the introductory text and power of any emission outside the ■ 20. The authority citation for part 90 paragraphs (a) and (c) to read as follows: licensee’s frequency band(s) of continues to read as follows: operation shall be attenuated below the Authority: Sections 4(i), 11, 303(g), 303(r), § 90.533 Transmitting sites near the U.S./ transmitter power (P) within the Canada or U.S./Mexico border. and 332(c)(7) of the Communications Act of licensed band(s) of operation, measured 1934, as amended, 47 U.S.C. 154(i), 161, This section applies to each license to in watts, in accordance with the 303(g), 303(r), and 332(c)(7), and Title VI of operate one or more public safety following: the Middle Class Tax Relief and Job Creation transmitters in the 758–775 MHz and * * * * * Act of 2012, Pub. L. 112–96, 126 Stat. 156. 788–805 MHz bands, at a location or locations North of Line A (see § 90.7) or (3) On any frequency between 775– ■ 21. Section 90.179 is amended by within 120 kilometers (75 miles) of the 788 MHz, above 805 MHz, and below revising paragraph (g) to read as follows: U.S.-Mexico border, until such time as 758 MHz, by at least 43 + 10 log (P) dB. * * * * * § 90.179 Shared use of radio stations. agreements between the government of the United States and the government of (5) Compliance with the provisions of * * * * * Canada or the government of the United paragraph (e)(3) of this section is based (g) Notwithstanding paragraph (a) of States and the government of Mexico, as on the use of measurement this section, licensees authorized to applicable, become effective governing instrumentation employing a resolution operate radio systems on Public Safety border area non-broadcast use of these bandwidth of 100 kHz or greater. Pool frequencies designated in § 90.20 bands. Public safety licenses are granted However, in the 100 kHz bands may share their facilities with Federal subject to the following conditions: immediately outside and adjacent to the Government entities on a non-profit, (a) Public safety transmitters frequency block, a resolution bandwidth cost-shared basis. Such a sharing operating in the 758–775 MHz and 788– of 30 kHz may be employed. arrangement is subject to the provisions 805 MHz bands must conform to the (f) For operations in the 758–775 MHz of paragraphs (b), (d), and (e) of this limitations on interference to Canadian and 788–805 MHz bands, all emissions section, and § 2.103(c) of this chapter television stations contained in including harmonics in the band 1559– concerning operations in the 758–769 agreement(s) between the United States 1610 MHz shall be limited to ¥70 dBW/ MHz and 788–799 MHz bands. State and Canada for use of television MHz equivalent isotropically radiated governments authorized to operate radio channels in the border area. power (EIRP) for wideband signals, and ¥ systems under § 90.529 may share the * * * * * 80 dBW EIRP for discrete emissions of use of their systems (for public safety (c) Conditions may be added during less than 700 Hz bandwidth. For the services not made commercially the term of the license, if required by purpose of equipment authorization, a available to the public) with any entity the terms of international agreements transmitter shall be tested with an that would be eligible for licensing between the government of the United antenna that is representative of the under § 90.523 and Federal government States and the government of Canada or type that will be used with the entities. the government of the United States and equipment in normal operation. * * * * * the government of Mexico, as * * * * *

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■ 28. Section 90.549 is revised to read DEPARTMENT OF COMMERCE the comment period, may not be as follows: considered by NMFS. All comments National Oceanic and Atmospheric received are a part of the public record § 90.549 Transmitter certification. Administration and will generally be posted for public Transmitters operated in the 758–775 viewing on www.regulations.gov MHz and 788–805 MHz frequency 50 CFR Part 679 without change. All personal identifying bands must be of a type that have been [Docket No. 120918468–3111–02] information (e.g., name, address, etc.), confidential business information, or authorized by the Commission under its RIN 0648–XD058 certification procedure as required by otherwise sensitive information submitted voluntarily by the sender will § 90.203. Fisheries of the Exclusive Economic be publicly accessible. NMFS will Zone Off Alaska; Inseason Adjustment ■ 29. Section 90.555 is amended by accept anonymous comments (enter to the 2014 Gulf of Alaska Pollock and revising paragraph (a) introductory text, ‘‘N/A’’ in the required fields if you wish Pacific Cod Total Allowable Catch paragraph (b)(1), paragraph (b)(2), and to remain anonymous). Attachments to Amounts paragraph (c) to read as follows: electronic comments will be accepted in AGENCY: National Marine Fisheries Microsoft Word, Excel, or Adobe PDF § 90.555 Information exchange. Service (NMFS), National Oceanic and file formats only. (a) Prior notification. Public safety Atmospheric Administration (NOAA), FOR FURTHER INFORMATION CONTACT: licensees authorized to operate in the Commerce. Obren Davis, 907–586–7228. 758–775 MHz and 788–805 MHz bands ACTION: Temporary rule; inseason SUPPLEMENTARY INFORMATION: NMFS may notify any licensee authorized to adjustment; request for comments. manages the groundfish fishery in the operate in the 746–757 MHz or 776–787 GOA exclusive economic zone SUMMARY: NMFS is adjusting the 2014 MHz bands that they wish to receive according to the Fishery Management total allowable catch (TAC) amounts for prior notification of the activation or Plan for Groundfish of the Gulf of the Gulf of Alaska (GOA) pollock and modification of the licensee’s base or Alaska (FMP) prepared by the North Pacific cod fisheries. This action is Pacific Fishery Management Council fixed stations in their area. Thereafter, necessary because NMFS has the 746–757 MHz or 776–787 MHz band (Council) under authority of the determined these TACs are incorrectly Magnuson-Stevens Fishery licensee must provide the following specified, and will ensure the GOA information to the public safety licensee Conservation and Management Act. pollock and Pacific cod TACs are the Regulations governing fishing by U.S. at least 10 business days before a new appropriate amounts based on the best vessels in accordance with the FMP base or fixed station is activated or an available scientific information for appear at subpart H of 50 CFR part 600 existing base or fixed station is pollock and Pacific cod in the GOA. and 50 CFR part 679. modified: This action is consistent with the goals The final 2013 and 2014 harvest * * * * * and objectives of the Fishery specifications for groundfish in the GOA Management Plan for Groundfish of the (b) * * * (78 FR 13162, February 26, 2013) set the Gulf of Alaska. 2014 pollock TAC at 111,530 metric (1) Allow a public safety licensee to DATES: Effective 1200 hrs, Alaska local tons (mt) and the 2014 Pacific cod TAC advise the 746–757 or 776–787 MHz time (A.l.t.), January 1, 2014, until the at 63,150 mt in the GOA. In December band licensee whether it believes a effective date of the final 2014 and 2015 2013, the North Pacific Fishery proposed base or fixed station will harvest specifications for GOA Management Council (Council) generate unacceptable interference; groundfish, unless otherwise modified recommended a 2014 pollock TAC of (2) Permit 746–757 and 776–787 MHz or superseded through publication of a 174,976 mt for the GOA, which is more band licensees to make voluntary notification in the Federal Register. than the 111,530 mt established by the changes in base or fixed station Comments must be received at the final 2013 and 2014 harvest parameters when a public safety following address no later than 4:30 specifications for groundfish in the licensee alerts them to possible p.m., A.l.t., January 21, 2014. GOA. The Council also recommended a interference; and, ADDRESSES: You may submit comments 2014 Pacific cod TAC of 64,738 mt for on this document, identified by FDMS the GOA, which is more than the 63,150 * * * * * Docket Number NOAA-NMFS-2012- mt established by the final 2013 and (c) Public Safety Information 0252 by any of the following methods: 2014 harvest specifications for Exchange. (1) Upon request by a 746– • Electronic Submission: Submit all groundfish in the GOA. The Council’s 757 or 776–787 MHz band licensee, electronic public comments via the recommended 2014 TACs, and the area public safety licensees authorized to Federal e-Rulemaking Portal. Go to and seasonal apportionments, are based operate radio systems in the 758–775 www.regulations.gov/ on the Stock Assessment and Fishery and 788–805 MHz bands shall provide #!docketDetail;D=NOAA-NMFS-2012- Evaluation report (SAFE), dated the operating parameters of their radio 0252, click the ‘‘Comment Now!’’ icon, November 2013, which NMFS has system to the 746–757 or 776–787 MHz complete the required fields, and enter determined is the best available band licensee. or attach your comments. scientific information for these fisheries. • Steller sea lions occur in the same (2) Public safety licensees who Mail: Address written comments to Glenn Merrill, Assistant Regional location as the pollock and Pacific cod perform the information exchange Administrator, Sustainable Fisheries fisheries and are listed as endangered described in this section must notify the Division, Alaska Region NMFS, Attn: under the Endangered Species Act appropriate 746–757 or 776–787 MHz Ellen Sebastian. Mail comments to P.O. (ESA). Pollock and Pacific cod are a band licensees prior to any technical Box 21668, Juneau, AK 99802–1668. principal prey species for Steller sea changes to their radio system. Instructions: Comments sent by any lions in the GOA. The seasonal [FR Doc. 2013–28974 Filed 1–3–14; 8:45 am] other method, to any other address or apportionment of pollock and Pacific BILLING CODE 6712–01–P individual, or received after the end of cod harvest is necessary to ensure the

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groundfish fisheries are not likely to (Regional Administrator), has groundfish in the GOA (78 FR 13162, cause jeopardy of extinction or adverse determined that, based on the November February 26, 2013) is revised consistent modification of critical habitat for 2013 SAFE report for this fishery, the with this adjustment. Steller sea lions. The regulations at current GOA pollock and Pacific cod Pursuant to § 679.20(a)(5)(iv), Table 4 § 679.20(a)(5)(iv) specify how the TACs are incorrectly specified. of the final 2013 and 2014 harvest pollock TAC will be apportioned. The Consequently, pursuant to specifications for groundfish in the GOA regulations at § 679.20(a)(6)(ii) and § 679.25(a)(1)(iii), the Regional (78 FR 13162, February 26, 2013) is § 679.20(a)(12)(i) specify how the Pacific Administrator is adjusting the 2014 cod TAC will be apportioned. GOA pollock TAC to 174,976 mt and the revised for the 2014 TACs of pollock in In accordance with § 679.25(a)(1)(iii), 2014 GOA Pacific cod TAC to 64,738 the Central and Western Regulatory (a)(2)(i)(B), and (a)(2)(iv) the mt. Therefore, Table 2 of the final 2013 Area of the GOA. Administrator, Alaska Region, NMFS and 2014 harvest specifications for

TABLE 4—FINAL 2014 DISTRIBUTION OF POLLOCK IN THE CENTRAL AND WESTERN REGULATORY AREAS OF THE GOA; SEASONAL BIOMASS DISTRIBUTION, AREA APPORTIONMENTS; AND SEASONAL ALLOWANCES OF ANNUAL TAC [Values are rounded to the nearest metric ton and percentages are rounded to the nearest 0.01]

Season 1 Shumagin Chirikof Kodiak Total 2 (Area 610) (Area 620) (Area 630)

A (Jan 20–Mar 10) ...... 4,800 (12.18%) 25,924 (65.79%) 8,680 (22.03%) 39,402 B (Mar 10–May 31) ...... 4,799 (12.18%) 30,963 (78.58%) 3,636 (9.23%) 39,402 C (Aug 25–Oct 1) ...... 13,235 (33.59%) 12,448 (31.59%) 13,720 (34.82%) 39,402 D (Oct 1–Nov 1) ...... 13,235 (33.59%) 12,448 (31.59%) 13,720 (34.82%) 39,402

Annual Total...... 36,070 ...... 81,784 ...... 39,756 ...... 157,610 1 As established by § 679.23(d)(2)(i) through (iv), the A, B, C, and D season allowances are available from January 20 to March 10, March 10 to May 31, August 25 to October 1, and October 1 to November 1, respectively. The amounts of pollock for processing by the inshore and off- shore components are not shown in this table. 2 The WYK and SEO District pollock TACs are not allocated by season and are not included in the total pollock TACs shown in this table. Note: Seasonal allowances may not total precisely to annual TAC total due to rounding down, rather than up).

Pursuant to § 679.20(a)(6)(ii) and groundfish in the GOA (78 FR 13162, allocation of Pacific cod TAC in the § 679.20(a)(12)(i), Table 6 of the final February 26, 2013) is revised for the GOA consistent with this adjustment. 2013 and 2014 harvest specifications for 2014 seasonal apportionments and

TABLE 6—FINAL 2014 SEASONAL APPORTIONMENTS AND ALLOCATION OF PACIFIC COD TOTAL ALLOWABLE CATCH AMOUNTS IN THE GOA; ALLOCATIONS FOR THE WESTERN GOA AND CENTRAL GOA SECTORS AND THE EASTERN GOA INSHORE AND OFFSHORE PROCESSING COMPONENTS [Values are rounded to the nearest metric ton and percentages to the nearest 0.01. Seasonal allowances may not total precisely to annual allocation amount]

A season B season Regulatory area and sector Annual alloca- Sector % of Seasonal al- Sector % of Seasonal al- tion (mt) annual non-jig lowances annual non-jig lowances TAC (mt) TAC (mt)

Western GOA: Jig (1.5% of TAC) ...... 573 N/A 344 N/A 229 Hook-and-line CV ...... 313 0.70 156 0.70 156 Hook-and-line C/P...... 4,425 10.90 2,436 8.90 1,989 Trawl CV...... 8,582 27.70 6,191 10.70 2,391 Trawl C/P ...... 536 0.90 201 1.50 335 All Pot CV and Pot C/P ...... 8,492 19.80 4,425 18.20 4,067 Total ...... 22,922 60.00 13,753 40.00 9,169

Central GOA Jig (1.0% of TAC) ...... 797 N/A 478 N/A 319 Hook-and-line < 50 CV ...... 5,699 9.32 3,636 5.29 2,063 Hook-and-line ≥ 50 CV...... 2,617 5.61 2,189 1.10 428 Hook-and-line C/P ...... 1,992 4.11 1,603 1.00 389 Trawl CV...... 16,230 21.14 8,249 20.45 7,981 Trawl C/P ...... 1,638 2.00 782 2.19 856 All Pot CV and Pot C/P ...... 10,852 17.83 6,959 9.97 3,893 Total ...... 39,825 60.00 23,895 40.00 15,930

Eastern GOA ...... Inshore (90% of Annual TAC) Offshore (10% of Annual TAC)

1,991 ...... 1,792 ...... 199 Note: Seasonal apportionments may not total precisely due to rounding.

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Classification ACTION: Final rule. Regulations implementing the GOA This action responds to the best FMP and BSAI FMP appear at 50 CFR SUMMARY: NMFS publishes regulations part 679. General regulations that available information recently obtained to implement Amendment 99 to the from the fishery. The Assistant pertain to U.S. fisheries appear at Fishery Management Plan for subpart H of 50 CFR part 600. Administrator for Fisheries, NOAA Groundfish of the Bering Sea and (AA), finds good cause to waive the Aleutian Islands Management Area Background requirement to provide prior notice and (BSAI FMP). Amendment 99 enables the NMFS published the Notice of opportunity for public comment holders of license limitation program Availability for Amendment 99 in the pursuant to the authority set forth at 5 (LLP) licenses authorizing a designated Federal Register on September 30, 2013 U.S.C. 553(b)(B) as such requirement is vessel to catch and process Pacific cod (78 FR 59908), with a 60-day comment impracticable and contrary to the public in the BSAI hook-and-line fisheries to period that ended November 29, 2013. interest. This requirement is use newly built or existing vessels that NMFS published a proposed rule for impracticable and contrary to the public are not eligible under current vessel Amendment 99 in the Federal Register interest as it would prevent NMFS from length and capacity restrictions. This on October 25, 2013 (78 FR 63951). The responding to the most recent fisheries action is necessary to promote safety-at- 30-day comment period on the proposed data in a timely fashion and would sea by encouraging the replacement of rule ended November 25, 2013. NMFS allow for harvests that exceed the older vessels with newer and more received a total of three comment letters appropriate allocations for Pacific cod efficient vessels that are able to meet from the same person during the based on the best scientific information modern vessel safety standards. This comment periods on Amendment 99 available. NMFS was unable to publish and the proposed rule. The letters a notice providing time for public action is intended to facilitate the contained one substantive comment. A comment because the most recent, increased retention and utilization of summary of this comment and NMFS’ relevant data only became available as groundfish by allowing sector response is provided in the Comments of December 30, 2013, and additional participants to use larger vessels with increased processing and hold and Responses section of this preamble. time for prior public comment would A detailed review of the provisions of result in conservation concerns for the capabilities. This action is intended to promote the goals and objectives of the Amendment 99, the proposed ESA-listed Steller sea lions. regulations, and the rationale for these The AA also finds good cause to BSAI FMP, the Magnuson-Stevens regulations is provided in the preamble waive the 30-day delay in the effective Fishery Conservation and Management to the proposed rule (78 FR 63951, date of this action under 5 U.S.C. Act (Magnuson-Stevens Act), and other October 25, 2013) and is not repeated 553(d)(3). This finding is based upon applicable laws. here. The proposed rule is available the reasons provided above for waiver of DATES: Effective February 6, 2014. from the NMFS Alaska Region Web site prior notice and opportunity for public ADDRESSES: Electronic copies of the (see ADDRESSES). The preamble to this comment. Regulatory Impact Review (RIR) and the Under § 679.25(c)(2), interested final rule provides a brief review of the Categorical Exclusion prepared for this regulatory changes made by this final persons are invited to submit written action may be obtained from http:// comments on this action to the above rule. www.regulations.gov or from the NMFS Amendment 99 amends the BSAI address until January 21, 2014. Alaska Region Web site at http:// This action is required by § 679.20 FMP and this final rule revises Federal alaskafisheries.noaa.gov. regulations to: (1) Increase the and § 679.25 and is exempt from review Written comments regarding the under Executive Order 12866. maximum length overall (MLOA) to 220 burden-hour estimates or other aspects feet (67 m) on an LLP license that Authority: 16 U.S.C. 1801 et seq. of the collection of information authorizes a vessel to catch and process Dated: December 31, 2013. requirements contained in this final rule Pacific cod with hook-and-line gear in Sean F. Corson, may be submitted by mail to NMFS, the BSAI; (2) allow a holder of an LLP Alaska Region, P.O. Box 21668, Juneau, Acting Deputy Director, Office of Sustainable license authorized to catch and process Fisheries, National Marine Fisheries Service. AK 99802–1668, Attn: Ellen Sebastian, Pacific cod with both hook-and-line and Records Officer; in person at NMFS, [FR Doc. 2013–31558 Filed 12–31–13; 4:15 pm] pot gear in the BSAI to increase the Alaska Region, 709 West 9th Street, BILLING CODE 3510–22–P MLOA on the LLP license to 220 feet (67 Room 420A, Juneau, AK; or by email to m) only if the pot gear endorsement is _ OIRA [email protected] or fax surrendered within a specific time DEPARTMENT OF COMMERCE to (202) 395–7285. frame; and (3) allow a vessel that FOR FURTHER INFORMATION CONTACT: catches and processes Pacific cod with National Oceanic and Atmospheric Seanbob Kelly, 907–586–7228. hook-and-line gear in the BSAI to Administration SUPPLEMENTARY INFORMATION: exceed length, tonnage, and power limits established under the American 50 CFR Part 679 Regulatory Authority Fisheries Act (AFA). The following [Docket No. 121029593–3999–02] NMFS establishes regulations to sections provide background on the implement Amendment 99 to the BSAI need for, the objectives of, and the RIN 0648–BC73 FMP. NMFS manages the U.S. provisions of Amendment 99 and this groundfish fisheries of the Exclusive Fisheries of the Exclusive Economic final rule. Economic Zone (EEZ) off Alaska under Under the LLP, which was Zone Off Alaska; Bering Sea and the Fishery Management Plan for implemented by NMFS on January 1, Aleutian Islands Management Area; Groundfish of the Gulf of Alaska (GOA 2000 (63 FR 52642, October 1, 1998), an Amendment 99 FMP) and the BSAI FMP. The North LLP license is required for most vessels AGENCY: National Marine Fisheries Pacific Fishery Management Council directed fishing for groundfish in the Service (NMFS), National Oceanic and (Council) prepared the GOA FMP and BSAI and GOA. Directed fishing is Atmospheric Administration (NOAA), BSAI FMP pursuant to the Magnuson- defined in regulations at § 679.2. For a Commerce. Stevens Act and other applicable laws. vessel designated on an LLP license, the

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LLP license authorizes the type of MLOA for these eligible LLP licenses the BSAI Pacific cod pot gear C/P fishing gear that may be used by the will encourage LLP license holders in endorsements and receive an LLP vessel, the maximum size of the vessel, the BSAI longline C/P subsector to license with a 220-foot (67 m) MLOA or and whether the vessel may catch and replace aging vessels with newer, safer, retain their current MLOA and continue process fish at sea or if it is limited to and more efficient vessels. NMFS to participate in both fisheries. delivering catch without at-sea determined that a 220-foot (67 m) Similarly, the holder of the BSAI processing. LLP licenses that allow MLOA provides adequate incentives to longline C/P subsector LLP license with vessels to catch and process at-sea are meet the objectives of the action. It will BSAI and Western GOA Pacific cod pot assigned a catcher/processor (C/P) promote the sustainable harvest of gear C/P endorsements can either endorsement. LLP licenses specify the groundfish, especially Pacific cod in the surrender the BSAI and GOA Pacific MLOA of the vessel to which that LLP BSAI and GOA, by removing cod pot gear C/P endorsements and license may be assigned. Regulations disincentives for owners of vessels to receive an LLP license with a 220-foot implementing the LLP prohibit rebuild or replace their vessels with (67 m) MLOA or retain the BSAI Pacific participants in LLP groundfish fisheries larger vessels. It will promote efficient cod pot gear C/P endorsements and the from using a vessel to fish for LLP utilization of the Pacific cod resource in current LLP license MLOA will groundfish that has a length overall that the BSAI and GOA. The action will also continue to apply. is greater than the MLOA specified on promote safety-at-sea by allowing vessel This final rule will limit holders of the LLP license (see § 679.7(i)(6)). owners to replace existing vessels with LLP licenses with Pacific cod pot gear The LLP also includes a species vessels that can accommodate improved C/P endorsements from naming larger endorsement for Pacific cod in the BSAI safety features and minimize the risks vessels on those LLP licenses that could and GOA. A vessel can directed fish for faced by crew members. increase vessel capacity in the pot gear Pacific cod in the BSAI or GOA only if The 220-foot (67 m) MLOA is C/P fisheries and could disadvantage the vessel is designated on an LLP intended to allow vessel owners to historical participants in the sector who license that has this specific replace vessels with new vessels that would continue to be constrained by the endorsement. The LLP Pacific cod could accommodate improved MLOAs specified on their LLP licenses. endorsement requirement has, in effect, efficiency and safety design. Additional Without this limitation, these limited the number of vessels that are detail on the rationale for the 220-foot participants could harvest a greater eligible to fish for Pacific cod in the (67 m) MLOA limit is provided in the proportion of the GOA Pacific cod BSAI and GOA. Specific to this final preamble to the proposed rule (78 FR sector allocation relative to their rule, vessels currently used to directed 63951, October 25, 2013) and section historical catch. This could negatively fish for Pacific cod in the BSAI using 1.6.2.2 of the RIR prepared for this impact historical participants in the hook-and-line gear and to process that action (see ADDRESSES). Pacific cod pot fisheries and would not catch at sea must be assigned an LLP NMFS is also implementing promote a fair and equitable standard license with a BSAI Pacific cod hook- regulations that are intended to protect for all participants in the pot gear C/P and-line C/P endorsement. Public Law historical participants in the Pacific cod fisheries. 108–447, 118 Stat. 2887, Dec. 8, 2004, pot fisheries that could be adversely This final rule establishes regulations at section 219(a)(6), defines the term affected by the use of larger, more to ensure that holders of LLP licenses ‘‘longline catcher processor subsector’’ efficient vessels in the BSAI longline C/ eligible for the BSAI longline C/P as ‘‘the holders of an LLP license that is P subsector. NMFS recognizes that three subsector that choose to retain Pacific noninterim and transferable, or that is of the 36 LLP licenses endorsed for cod pot gear C/P endorsements will interim and subsequently becomes participation in the BSAI longline C/P continue to be restricted by the current noninterim and transferable, and that is subsector also authorize the designated MLOAs on the LLP licenses. This final endorsed for Bering Sea or Aleutian vessel to target Pacific cod with C/Ps rule establishes a time limit on the one- Islands catcher processor fishing using pot gear in the BSAI: two of those time permanent election for these LLP activity, C/P, Pcod [Pacific cod], hook LLP licenses authorize participation in license holders that would close 36 and line gear.’’ There are 36 LLP the BSAI Pacific cod fisheries with C/Ps months from the date of implementation licenses that meet the eligibility criteria using pot gear; one of the LLP licenses of this action. The deadline for making for the BSAI longline C/P subsector. authorizes participation in the BSAI and the one-time election is intended to Currently, each of the 36 LLP licenses Western GOA Pacific cod fisheries with promote the conservation and eligible for the BSAI longline C/P C/Ps using pot gear. Under the final management of the BSAI and GOA subsector have an MLOA equal to or rule, NMFS will authorize a person Pacific cod fisheries by clearly less than 220 feet (67 m). Increasing the holding an LLP license endorsed to identifying pot gear C/P sector MLOA on the LLP licenses in the BSAI catch and process Pacific cod with participants within a reasonable time longline C/P subsector to 220 feet (67 m) hook-and-line and pot gear in the BSAI frame and by establishing an upper limit will not constrain any existing LLP to increase the MLOA on the LLP on vessel capacity in the BSAI longline licenses in terms of vessel length. license to 220 feet (67 m) only if the LLP C/P subsector. Additional detail on the LLP licenses license holder elects to surrender any currently eligible for the BSAI longline Pacific cod pot gear endorsements Regulatory Amendments C/P subsector can be found in the within a specific time frame. This final rule lists the groundfish preamble to the proposed rule (78 FR Regulations implemented by this final LLP licenses that are modified by this 63951, October 25, 2013) and section rule are intended to prevent adverse action at Table 9 to part 679. Table 9 to 1.5.1 of the RIR for this action (see competitive effects of increased fishing part 679 will list in Column A the 36 ADDRESSES). capacity by the BSAI longline C/P LLP licenses endorsed to participate in Under this final rule, NMFS will subsector relative to the C/Ps using pot the BSAI longline C/P subsector. Table increase the MLOA on LLP licenses in gear in both the BSAI and the GOA. 9 indicates which LLP licenses are the BSAI longline C/P subsector that are Under this final rule, the holders of the eligible for an increase in MLOA to 220 not also endorsed for pot gear to 220 feet two BSAI longline C/P subsector LLP feet (67 m), as designated in Column B, (67 m). NMFS and the Council have licenses with BSAI Pacific cod pot gear and the LLP license holders that are determined that a 220-foot (67 m) C/P endorsements can either surrender eligible for a one-time election to

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permanently surrender and extinguish MLOA. Owners of eligible licenses, or to participate within the BSAI longline certain LLP license endorsements in their agents, will need to notify NMFS C/P subsector that exceed at least one of exchange for an increase in the MLOA in writing at the address specified at the thresholds described at 46 CFR to 220 feet (67 m), as designated in § 679.4(k)(6)(xi) that they elect to 356.47(a) and (c). These vessels are able Column C. surrender the endorsements. The to participate in the fishery because they This final rule modifies the regulatory request will need to include a signed received a fishery endorsement prior to definition of ‘‘Maximum LOA (MLOA)’’ statement notifying NMFS that the September 25, 1997; however, the at § 679.2 and establishes regulatory holder of the LLP license acknowledges license holders could not replace provisions at § 679.4(k)(3)(i)(D) for a that the election is permanent and vessels named on their LLP licenses new MLOA category. Under this irreversible and that all pot gear Pacific with vessels of comparable or additional provision, NMFS will revise MLOAs on cod endorsements on that LLP will be capacity and continue to participate in the LLP licenses designated in Column extinguished. Each LLP license holder the BSAI longline C/P subsector because B of Table 9 to part 679. The NMFS has 36 months from February 6, 2014, such vessels would not be eligible for a Restricted Access Management Division to notify NMFS in writing of the one- fishery endorsement. will issue new LLP licenses with an time permanent election. If the written An exemption from these regulations MLOA of 220 feet (67 m) to the holders notification is received by NMFS within is possible if the owner of such a vessel of the eligible licenses designated in the 36 months prior to the deadline, demonstrates to MARAD that the Column B of Table 9 to part 679. The NMFS will issue a revised LLP license regional fishery management council of new LLP licenses will be mailed to the to the holder of that LLP license. LLP jurisdiction, established under section address provided to NMFS by the license holders who choose not to make 302(a)(1) of the Magnuson-Stevens Act, holder of the qualifying LLP license. the one-time election or who do not has recommended after October 21, NMFS has revised the definition of submit a written notification within the 1998, and the Secretary has approved, ‘‘Maximum LOA (MLOA)’’ at § 679.2 to 36-month deadline will retain their conservation and management measures ensure that all LLP licenses designated current MLOA and continue to be in accordance with regulations in Column B of Table 9 to part 679 are eligible to participate in both the Pacific implementing the AFA at 46 CFR revised on the effective date of this final cod pot fisheries and longline fisheries 356.47, to allow vessels that may exceed rule. in the BSAI and GOA. the length, horsepower, and tonnage This final rule implements regulations requirements to be used in fisheries at § 679.4(k)(3)(i)(D)(2) to ensure that the American Fisheries Act and United under such council’s authority. NMFS MLOA on an LLP license endorsed for States Maritime Administration and MARAD General Counsel consulted participation in the BSAI longline C/P In order for a vessel to participate in to determine what action on the part of subsector is not revised if the LLP a U.S. fishery, a vessel must obtain a the Council and NMFS would satisfy license holder retains an endorsement to certificate of documentation with a this exemption. NMFS and MARAD participate in Pacific cod pot fisheries in fishery endorsement from either the General Counsel determined, based on the BSAI or GOA. Under this final rule, U.S. Coast Guard or the Maritime the regulatory requirements established NMFS will establish a process for Administration (MARAD), as set forth in at 46 CFR 356.47(c), that the Council eligible LLP license holders to surrender regulations at 46 U.S.C. 12102(a) and would need to recommend, and the a Pacific cod pot gear endorsement on 12151(b). The AFA of 1998, as Secretary would need to approve, LLP licenses also endorsed to amended, Title II, Division C, Public conservation and management measures participate in the BSAI longline C/P Law 105–277, was enacted to increase that would allow such a vessel to be subsector. Regulations implemented by U.S. citizen participation in U.S. used in the BSAI longline C/P subsector this final rule will assign an MLOA of fisheries. The AFA required the fisheries. The statutory vessel capacity 220 feet (67 m) to any of the three LLP Maritime Administration to ensure restrictions are described in more detail licenses listed in Column C of Table 9 compliance with the U.S. citizenship in section 1.2.2 of the RIR for this action to part 679 whose holders surrender the ownership and control requirements for (See ADDRESSES). Pacific cod pot gear endorsements on U.S.-flag fishing industry vessels of 100 The Secretary approved Amendment their LLP license. This final rule feet or greater in registered length. 99 on December 19, 2013, and has provides a one-time election to Therefore, a vessel 100 feet or greater in issued this final rule to implement permanently surrender the Pacific cod registered length must receive this Amendment 99; therefore, the Secretary pot gear endorsements on an LLP documentation from MARAD. has approved conservation and license, and NMFS will extinguish the The AFA and MARAD implementing management measures that permit a surrendered Pacific cod pot gear regulations prohibit larger vessels from vessel to exceed the limits specified at endorsements. NMFS will not transfer obtaining a fishery endorsement unless 46 U.S.C. 12113(d) in order to the endorsements to another person, specific conditions are met. Unless an participate in the BSAI longline C/P and the endorsements cannot be used in exemption applies, a vessel is not subsector. Secretarial approval of other areas, with other gears, or for other eligible for a fishery endorsement if it is Amendment 99 and the publication of operational types. greater than 165 feet in length overall, implementing regulations are intended This final rule includes provisions at has more than 750 gross registered tons, to provide MARAD with documentation § 679.4(k)(6)(xi) that describe the or has engines capable of producing that eligible vessels qualify to receive a requirements for holders of LLP licenses more than 3,000 shaft horsepower. fishery endorsement. Following the eligible to participate in the BSAI These regulations were intended to implementation of this final rule on longline C/P subsector to surrender their limit, but not reduce, fishing capacity in February 6, 2014, NMFS will notify Pacific cod pot gear C/P endorsements. the BSAI; however, the regulations MARAD that any vessel named on an NMFS will notify in writing the three effectively limit the ability of vessel LLP license endorsed for participation LLP license holders listed in Column C owners to replace vessels currently in the BSAI longline C/P subsector, of Table 9 to part 679 of their option to participating in the BSAI longline C/P which is greater than 165 feet in elect to surrender their Pacific cod pot subsector with newer vessels of an registered length, of more than 750 gross gear C/P endorsements on their LLP equivalent size. There are currently nine registered tons, or that has an engine or license and receive a 220-foot (67 m) vessels named on LLP licenses eligible engines capable of producing a total of

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more than 3,000 shaft horsepower, is vessels will increase catch to certification was published in the authorized for use in the EEZ under the unsustainable levels. proposed rule and is not repeated here. jurisdiction of the Council, and is Response: NMFS analyzed whether No comments were received regarding eligible to receive a certificate of this action would increase catch of this certification. As a result, a documentation consistent with 46 groundfish in Section 1.6.2 of the RIR. regulatory flexibility analysis was not U.S.C. 12113(d) and MARAD Section 1.6.2 of the RIR indicates that required and none was prepared. regulations at 46 CFR 356.47. NMFS expects that this action will not increase the catch of groundfish by Collection-of-Information Requirements Recordkeeping, Reporting, Monitoring vessels in the BSAI longline C/P This final rule contains a collection- and Enforcement subsector in the BSAI or GOA. The of-information requirement subject to This final rule does not change preamble to the proposed rule (78 FR the Paperwork Reduction Act (PRA) and existing recordkeeping, monitoring and 63951, October 25, 2013) notes that which has been approved by the Office enforcement requirements for management constraints, such as Pacific of Management and Budget (OMB) participants in the BSAI C/P longline cod species endorsements on LLP under control number 0648–0334. subsector. This action will add a licenses in the BSAI and GOA (see 67 Public reporting burden per response is reporting requirement for the LLP FR 18129, April 15, 2002 for the BSAI; estimated to be 2 hours for One-time licenses identified in Column C to Table and 76 FR 15826, March 22, 2011 for the Election to Permanently Surrender 9 to part 679. The holders of these three GOA), sector allocations for Pacific cod Pacific Cod Pot Gear Endorsement for LLP licenses would need to notify in the BSAI and GOA (see 72 FR 50788, the BSAI and GOA in Exchange for NMFS of their election to permanently September 4, 2007 for the BSAI; and 76 Receiving an LLP with an MLOA of 220 surrender all Pacific cod pot gear FR 74670, December 1, 2011 for the feet Authorizing Participation in the endorsements in exchange for a 220-foot GOA), and halibut prohibited species BSAI Pacific cod Longline C/P fisheries. (67 m) MLOA on an LLP, as described catch limits in the BSAI and GOA (see Public reporting burden includes the in more detail in the Collection-of- 78 FR 13813, March 1, 2013 for the time for reviewing instructions, Information Requirements section of BSAI; and 78 FR 13162, February 26, searching existing data sources, this preamble. 2013 for the GOA), limit the ability of gathering and maintaining the data vessels in the BSAI longline C/P needed, and completing and reviewing Changes From the Proposed Rule subsector to expand their overall fishing the collection of information. No changes were made between the operations in groundfish fisheries. Send comments regarding this burden The preamble to the proposed rule proposed and final regulations. estimate, or any other aspect of this data notes that the potential for expanded However, NMFS acknowledges one collection, including suggestions for participation in the Pacific cod pot error on page 63954 in the preamble to reducing the burden, to NMFS (see fishery is constrained by the limitations _ the proposed rule (78 FR 63951, October ADDRESSES) and by email to OIRA on LLP licenses with Pacific cod hook- 25, 2013). The first column, first [email protected], or fax to and-line and pot C/P endorsements that paragraph incorrectly states that the (202) 395–7285. are implemented under this final rule Notwithstanding any other provision MLOA on an LLP license would (78 FR 63951, October 25, 2013). These of the law, no person is required to increase to 200 feet, and not 220 feet. provisions are described in the respond to, nor shall any person be The sentence should read as follows: Background and Regulatory subject to a penalty for failure to comply ‘‘Under Amendment 99, the MLOA Amendments sections of this preamble. with, a collection of information subject specified on LLP licenses in the BSAI Additional information describing the to the requirements of the PRA, unless longline C/P subsector that are not also management measures that limit the that collection of information displays a endorsed for pot gear would be ability of all vessels, including new currently valid OMB control number. increased to 220 feet (67 m).’’ vessels, to increase catch in the BSAI List of Subjects in 50 CFR Part 679 Comments and Responses longline C/P subsector in the BSAI and GOA are found in Section 1.6.2 of the Alaska, Fisheries, Reporting and During the public comment period on RIR prepared for this action (See recordkeeping requirements. the Notice of Availability for ADDRESSES). Amendment 99 and the proposed rule to Dated: December 31, 2013. implement Amendment 99, NMFS Classification Alan D. Risenhoover, Director, Office of Sustainable Fisheries, received three comments, only one of The NMFS Assistant Administrator which was substantive. The same performing the functions and duties of the determined that Amendment 99 to the Deputy Assistant Administrator for member of the public submitted all BSAI FMP is necessary for the Regulatory Programs, National Marine three comments. All of the comments conservation and management of the Fisheries Service. expressed a general dislike of fishery BSAI groundfish fishery and that it is For the reasons set out in the management policies that are outside consistent with the BSAI and GOA preamble, NMFS amends 50 CFR part the scope of this action. One comment FMPs, the Magnuson-Stevens Act, and 679 as follows: expressed general discontent with this other applicable laws. action and is included below with This final rule has been determined to PART 679— FISHERIES OF THE NMFS’ response. No changes were made be not significant for purposes of EXCLUSIVE ECONOMIC ZONE OFF to this final rule in response to the Executive Order 12866. ALASKA comment letters received. NMFS’ The Chief Counsel for Regulation of response to the one substantive public the Department of Commerce certified ■ 1. The authority citation for 50 CFR comment on Amendment 99 and the to the Chief Counsel for Advocacy of the part 679 continues to read as follows: proposed rule to implement Small Business Administration during Authority: 16 U.S.C. 773 et seq.; 1801 et Amendment 99 is presented below. the proposed rule stage that this action seq.; 3631 et seq.; Pub. L. 108–447. Comment: Older vessels should not be would not have a significant economic ■ 2. In § 679.2, add paragraph (2)(v) to replaced with newer, larger, and more impact on a substantial number of small the definition of ‘‘Maximum LOA efficient vessels because these larger entities. The factual basis for the (MLOA)’’ to read as follows:

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§ 679.2 Definitions. cod with hook-and-line gear in the BS pot gear Pacific cod endorsements on * * * * * or AI, or both, and designated in column that LLP license are extinguished; Maximum LOA (MLOA) means: C of Table 9 to this part is eligible to be (B) The holder of the groundfish LLP (2) * * * assigned a 220-foot (67 m) MLOA if the license listed in Column C of Table 9 to (v) The MLOA of a groundfish LLP LLP holder submits a timely written this part requests, in writing, that NMFS license endorsed to catch and process request to remove all pot gear Pacific assign a 220-foot (67 m) MLOA on that Pacific cod with hook-and-line gear in cod endorsements on that LLP following LLP license; the BS or AI, or both, and is designated the process established under paragraph (C) The holder of the eligible LLP in Column B of Table 9 to this part is (k)(6)(xi) of this section. 220 feet (67 m). license, or the authorized agent, signs * * * * * the request; * * * * * (6) * * * ■ 3. In § 679.4, add paragraphs (D) NMFS receives the written request (xi) Surrender and extinguishment of to permanently remove and extinguish (k)(3)(i)(D) and (k)(6)(xi) to read as a groundfish LLP endorsement. follows: all pot gear Pacific cod endorsements Endorsements specified on a groundfish specified on the LLP groundfish license § 679.4 Permits. LLP license are not severable from a by February 6, 2017; and license and cannot be surrendered * * * * * (E) The written request is submitted to (k) * * * except that pot gear Pacific cod endorsements specified on groundfish NMFS using one of the following (3) * * * methods: (i) * * * LLP licenses listed in Column C of (D) Modification of the MLOA on a Table 9 to this part, can be permanently (1) Mail: Regional Administrator, c/o groundfish LLP license listed in column surrendered, removed, and extinguished Restricted Access Management Program, A of Table 9 to this part. (1) Each if: NMFS, P.O. Box 21668, Juneau, AK groundfish LLP license endorsed to (A) The holder of the groundfish LLP 99802–1668; catch and process Pacific cod with license listed in Column C of Table 9 to (2) Fax: 907–586–7354; or hook-and-line gear in the BS or AI, or this part requests, in writing, that NMFS (3) Hand delivery or carrier: NMFS, both, and designated in column B of permanently remove and extinguish all Room 713, 709 West 9th Street, Juneau, Table 9 to this part will receive a 220- pot gear Pacific cod endorsements AK 99801. foot (67 m) MLOA following February 6, specified on that LLP license and * * * * * 2014. acknowledges in that written request (2) Each groundfish LLP license that the surrender and removal are ■ 4. Table 9 to part 679 is added to read endorsed to catch and process Pacific permanent and irreversible and that all as follows:

TABLE 9 TO PART 679—GROUNDFISH LLP LICENSES ELIGIBLE FOR USE IN THE BSAI LONGLINE CATCHER/PROCESSOR SUBSECTOR, COLUMN A. X INDICATES WHETHER COLUMN B OR COLUMN C APPLIES.

Column A Column B Column C Is eligible to re- Is eligible under quest that NMFS 50 CFR permanently as- 679.4(k)(3)(i)(D)(1) sign a 220-foot The Holder of Groundfish License Number . . . to be assigned a (67 m) MLOA on 220-foot (67 m) that LLP License MLOA on that LLP under 50 CFR license 679.4(k)(3)(i)(D)(2)

LLG 4508 ...... X LLG 1785 ...... X LLG 3681 ...... X LLG 3676 ...... X LLG 3609 ...... X LLG 1400 ...... X LLG 1401 ...... X LLG 3617 ...... X LLG 1916 ...... X LLG 1917 ...... X LLG 1989 ...... X LLG 1127 ...... X LLG 1128 ...... X LLG 1125 ...... X LLG 4823 ...... X LLG 2783 ...... X LLG 1988 ...... X LLG 2238 ...... X LLG 2958 ...... X LLG 3973 ...... X LLG 3637 ...... X LLG 2421 ...... X LLG 1713 ...... X LLG 3616 ...... X LLG 2892 ...... X LLG 2112 ...... X LLG 5222 ...... X

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TABLE 9 TO PART 679—GROUNDFISH LLP LICENSES ELIGIBLE FOR USE IN THE BSAI LONGLINE CATCHER/PROCESSOR SUBSECTOR, COLUMN A. X INDICATES WHETHER COLUMN B OR COLUMN C APPLIES.—Continued

Column A Column B Column C Is eligible to re- Is eligible under quest that NMFS 50 CFR permanently as- 679.4(k)(3)(i)(D)(1) sign a 220-foot The Holder of Groundfish License Number . . . to be assigned a (67 m) MLOA on 220-foot (67 m) that LLP License MLOA on that LLP under 50 CFR license 679.4(k)(3)(i)(D)(2)

LLG 1578 ...... X LLG 2026 ...... X LLG 3847 ...... X LLG 3602 ...... X LLG 2081 ...... X LLG 4008 ...... X LLG 3090 ...... X LLG 1576 ...... X LLG 2959 ...... X

[FR Doc. 2013–31556 Filed 1–3–14; 8:45 am] BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 79, No. 3

Monday, January 6, 2014

This section of the FEDERAL REGISTER [email protected] or to Robert This regulation implements the contains notices to the public of the proposed Wurster, Chief, Policy and Internal administrative wage garnishment issuance of rules and regulations. The Control, at [email protected]. provision in section 31001(o) of DCIA, purpose of these notices is to give interested Include ‘‘RIN 3206–AM89’’ in the Public Law 104–134, 110 Stat. 1321– persons an opportunity to participate in the subject line of message. 358, codified at 31 U.S.C. 3720D, and rule making prior to the adoption of the final • Federal eRulemaking Portal: http:// rules. the Treasury AWG regulations at 31 CFR www.regulations.gov. Follow the 285.11. Under the AWG provisions of instructions for submitting comments. If the DCIA, Federal agencies may garnish OFFICE OF PERSONNEL you submit your comment to the administratively up to 15 percent of the MANAGEMENT Federal eRulemaking Portal, please also wages of a debtor to satisfy a delinquent send it by email to OPM at Comments@ non-tax debt owed to the United States. 5 CFR Part 179 opm.gov to ensure timely receipt by the Prior to the enactment of the DCIA, agency. Include the following RIN 3206–AM89 Federal agencies were required to obtain information in the subject line of your a court judgment before garnishing the Administrative Wage Garnishment submission: Comments/RIN 3206– wages of non-Federal employees. AM89. Section 31001(o) of the DCIA preempts AGENCY: Office of Personnel FOR FURTHER INFORMATION CONTACT: State laws that prohibit wage Management. Robert Wurster, Chief, Policy and garnishment or otherwise govern wage ACTION: Notice of proposed rulemaking. Internal Control, at (202) 606–5220, or garnishment procedures. Office of Personnel Management, As authorized by the DCIA, a Federal SUMMARY: The Office of Personnel 5H30L, 1900 E Street NW., Washington, agency collecting a delinquent non-tax Management (OPM) is issuing this DC 20415. The telephone number for debt may garnish a delinquent debtor’s proposed regulation to implement the the Telecommunications Device for the wages in accordance with regulations administrative wage garnishment Deaf is (800) 878–5707. promulgated by the Secretary of the (AWG) provisions of the Debt Collection SUPPLEMENTARY INFORMATION: OPM’s Treasury. The Treasury Department’s Act of 1982, as amended by the Debt implementation of AWG would Bureau of the Fiscal Service is Collection Improvement Act of 1996 maximize collections of delinquent responsible for promulgating the (DCIA). The regulation will allow OPM debts while minimizing the costs of debt regulations implementing this and other to garnish the disposable pay of an collections. By adding a new Subpart D debt collection tools established by the individual to collect delinquent non-tax to 5 CFR Part 179, OPM may collect DCIA. debts owed to the United States without non-tax debts owed to it from non- Purpose: This part prescribes the first obtaining a court order. The Federal wages pursuant to 31 U.S.C. standards and procedures for the proposed regulation sets forth 3720D and 31 CFR 285.11. Agency to collect money from a debtor’s procedures for use by OPM in collecting wages by means of AWG to satisfy debts owed to the Federal Government. Background delinquent non-tax debts owed to the The Federal Claims Collection Act of The DCIA directed the Secretary of United States. 1966, as amended by the Debt the Treasury to issue implementing Authority: OPM adopts and Collection Act of 1982 and the DCIA, regulations (see 31 U.S.C. 3720D (h)) incorporates all of the provisions of 31 requires agencies to issue regulations on with respect to AWG. On May 6, 1998 CFR 285.11 concerning AWG, including their debt collection procedures. The (63 FR 25136), the Department of the hearing procedures described in 31 proposed regulation includes Treasury (Treasury) published a final CFR 285.11(f), as promulgated by procedures for collection of debts rule implementing the statutory AWG Treasury to allow Federal agencies to through AWG. requirements at 31 CFR 285.11. collect money from an individual whose DATES: Comments on the proposed Paragraph (f) of 31 CFR 285.11 provides wages are not paid by the Federal regulation must be received in writing that ‘‘[a]gencies shall prescribe Government. Such collections will be on or before March 7, 2014. regulations for the conduct of accomplished by means of AWG ADDRESSES: You may submit your administrative wage garnishment authorized by 31 U.S.C. 3720D. comments on the proposed regulation, hearings consistent with this section or Scope: This part applies to all OPM identified by regulatory information shall adopt this section without change offices that administer programs that number (RIN), by any one of the by reference.’’ Among other things, the give rise to delinquent non-tax debts following methods: DCIA centralized administrative owed to the United States and to all • Mail: The mailing address for collection of Federal non-tax debts with officers or employees of the Agency comments is: Daniel K. Marella, Deputy Treasury and gave Treasury authorized to collect such debts. Chief Financial Officer, or Robert responsibility for setting administrative Procedures: In accordance with the Wurster, Chief, Policy and Internal debt collection requirements, including substantive and procedural Control: Attention: Comments/RIN those for AWG. This proposed rule requirements of 31 U.S.C. 3720D and 31 3206–AM89, U.S. Office of Personnel would amend OPM’s regulations at 5 CFR 285.11, this proposed rule would Management, Room 7525, 1900 E Street CFR Part 179, Subpart D, to adopt 31 establish the following rules and NW., Washington, DC 20415. CFR 285.11 in its entirety. Specifically, procedures: • Email: Comments may be sent to the proposed rule would establish a new 1. Providing a debtor with written Daniel K. Marella, Deputy Chief provision that would contain a cross- notice at least 30 days before OPM, or Financial Officer, by email at reference to 31 CFR.285.11. Treasury on OPM’s behalf, initiates

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garnishment proceedings, informing the CFR 285.11 concerning administrative the current regulations also require a debtor of the nature and amount of the wage garnishment, including the career-conditional employee who debt, the intention of the Agency to hearing procedures described in 31 CFR separates from Federal service to re-start collect the debt through deductions 285.11(f). This section does not apply to the 3-year period if there is a break in from the debtor’s disposable pay, and an collection of debt by Federal salary service of more than 30 days. explanation of the debtor’s rights offset, under 5 U.S.C. 5514, the process OPM is proposing to change the regarding the proposed action. by which OPM collects debts from the requirement from 3 years of 2. Providing the debtor with an salaries of Federal employees. substantially continuous service to at opportunity to inspect and copy OPM [FR Doc. 2013–31500 Filed 1–3–14; 8:45 am] least 3 years of total creditable service (whether or not continuous). This records relating to the debt, to enter into BILLING CODE 6325–23–P a repayment agreement with the change will remove the basis for the 30- Agency, and to receive a hearing day break-in-service rule. Under the concerning the existence or amount of OFFICE OF PERSONNEL proposed rule, each period of creditable the debt and the terms of a repayment MANAGEMENT service would stand alone, so breaks in schedule. service would be irrelevant. 3. Conducting a hearing prior to the 5 CFR Part 315 In the Federal competitive service, tenure is important for the purposes of issuance of a withholding order, if the RIN 3206–AM64 debtor submits a timely request. When reinstatement eligibility and retention a debtor’s request for a hearing is not Career and Career-Conditional standing in a reduction in force (RIF). An employee who separates from the received within the time period Employment specified, OPM will not delay issuance Federal service with career tenure, or a of a withholding order prior to AGENCY: U.S. Office of Personnel veterans’ preference eligible who conducting the hearing. Management. separates with career-conditional ACTION: Proposed rule. tenure, has lifetime reinstatement List of Subjects in 5 CFR Part 179 eligibility. Generally, a non-veterans’ Administrative practices and SUMMARY: The U.S. Office of Personnel preference eligible employee who procedures, Claims, Debts, Garnishment Management (OPM) is proposing to separates with career-conditional tenure of wages, Hearings and appeal change the regulations on creditable has only 3 years of reinstatement procedures, Salaries. service for career tenure. The proposed eligibility from the date of separation. regulation removes the requirement for (Reinstatement eligibility means the U.S. Office of Personnel Management. creditable service to be substantially individual does not have to re-compete Katherine Archuleta, continuous. This change will assist with the general public for a future Director. individuals who leave Federal service competitive service appointment.) An For the reasons set forth above, the before meeting the requirement and employee with career tenure also has Office of Personnel Management subsequently return to a qualifying higher retention standing in a RIF than proposes to amend 5 CFR part 179 as appointment. a career-conditional employee. (RIF is follows: DATES: We will consider comments the regulatory process an agency uses received on or before March 7, 2014. when it must reduce the number of PART 179—CLAIMS COLLECTIONS positions in its workforce, for example, ADDRESSES: Send or deliver comments STANDARDS due to budget constraints. The higher an to Kimberly A. Holden, Deputy employee’s retention standing, the more ■ Associate Director for Recruitment and 1. The authority citation for part 179 opportunities the employee may have to Hiring, Employee Services, U.S. Office continues to read as follows: keep a Federal job under RIF of Personnel Management, Room 6551, Authority: 31 U.S.C. 952; 5 U.S.C. 1103; procedures.) Reorganization Plan No. 2 of 1978; 5 U.S.C. 1900 E Street NW., Washington, DC, OPM is proposing to revise the 5514; 5 CFR part 550 subpart K; 31 U.S.C. 20415–9700; email to [email protected]; regulations in response to an issue 3701; 31 U.S.C. 3711; 31 U.S.C. 3716; 31 or fax to (202) 606–2329. Comments raised by the Department of the Army in U.S.C. 3720A. may also be sent through the Federal relation to military spouses. A Federally ■ 2. Add subpart D to read as follows: eRulemaking Portal at http:// employed spouse may have to resign www.regulations.gov. All submissions his/her appointment to accompany a Subpart D—Administrative Wage received through the Portal must military ‘‘sponsor’’ (in this context, Garnishment include the agency name and docket meaning a spouse who is serving in the number or the Regulation Identifier military) when the sponsor must Sec. Number (RIN) for this rulemaking. relocate under permanent change of 179.401 Administrative wage garnishment. FOR FURTHER INFORMATION CONTACT: Pam station (PCS) orders. Many spouses are Galemore by telephone at (202) 606– unable to obtain another Federal job Authority: 15 U.S.C. 46; 31 U.S.C. 3720D; 0960; by TTY at (202) 418–3134; by fax 31 CFR 285.11(f). within the 30-day break period. The 30- at (202) 606–2329; or by email at day break requirement left these spouses § 179.401 Administrative wage [email protected]. at a disadvantage in attaining career garnishment. SUPPLEMENTARY INFORMATION: The U.S. tenure. When reemployed, they have to General. OPM may use administrative Office of Personnel Management (OPM) re-start the 3-year period, basically wage garnishment to collect debts in is proposing to revise part 315, title 5, resulting in a perpetual career- accordance with the requirements of 31 Code of Federal Regulations (CFR), to conditional tenure status due to the U.S.C. 3720D and 31 CFR 285.11, change the criteria for career tenure in constant PCS movement of their including debts it refers to the Bureau the Federal competitive service. The spouses. of the Fiscal Service, Department of the current regulations require an employee In response to the issues raised by the Treasury, for cross-servicing pursuant to to serve a 3-year period of substantially Department of the Army, OPM decided 31 U.S.C. 3711. This part adopts and continuous creditable service to attain to review not only the 30-day break incorporates all of the provisions of 31 career tenure. With certain exceptions, requirement, but also the basis for the

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‘‘substantially continuous’’ creditable paragraph retains career-conditional In proposed section service requirement for career tenure. appointment and status quo 315.201(b)(3)(ii)—the current section We have determined that the employment as qualifying beginning 315.201(b)(4)(ii)—we are revising the ‘‘substantially continuous’’ requirement appointments. We removed text from passive to active voice. We are is no longer appropriate in today’s ‘‘reinstatement’’ and ‘‘transfer’’ as also proposing to update the regulation employment environment. beginning appointments because the 30- by adding a new paragraph (G) to The ‘‘substantially continuous’’ day break rule no longer applies under specify that periods of nonpay status requirement has been in place since the the proposed change; therefore, neither incident to an assignment under career-conditional system was a reinstatement nor a transfer will begin subchapter VI of chapter 33, title 5, U.S. established in the mid-1950s. The a 3-year period of service as it does Code, [Assignments To and From States rationale for the requirement was that 3 under the current regulations. The (also known as the Intergovernmental years was an appropriate amount of proposed revision of paragraph (b)(1)(i) Personnel Act)], are creditable service time to determine an employee’s would consolidate the list of obsolete for career tenure. interest in and commitment to the appointing authorities by incorporating In what is currently section career Federal service, as well as the certain items that were previously listed 315.201(b)(4)(iii), Restoration based on Government’s ability to provide in separate paragraphs under section unwarranted or improper actions, reasonable assurance of continued 315.201(b)(1), including certain which we are proposing to redesignate employment opportunities. OPM excepted appointments before 1955 and as section 315.201(b)(3)(iii), we are believes this reasoning no longer applies temporary appointments pending removing the obsolete paragraph (A), in today’s work environment. establishment of a register. We are also relating to findings made before March Individuals in today’s workforce may revising the relevant paragraphs under 30, 1966, that a furlough, suspension, or change jobs, including between the section 315.201(b)(1) to reflect the July separation was unwarranted or Federal and private sectors, throughout 10, 2012, effective date of the Pathways improper. their careers and are more mobile than regulations in 5 CFR parts 213 and 362. in previous generations. OPM believes Other proposed revisions to In proposed section both sectors can benefit from the paragraphs under section 315.201(b)(1) 315.201(b)(3)(iv)—the current section experiences gained from the other so reflect statutory or regulatory changes 315.201(b)(4)(iv), Intervening service— individuals should not be penalized if that have occurred since the last we are removing from the introductory they choose to or must, as revision to this section, for example, in text the reference to breaks in service in circumstances dictate, leave Federal (b)(1)(iii) to add nonappropriated fund excess of 30 calendar days as obsolete service before meeting a substantially positions in the U.S. Coast Guard under under the proposed rule. Also, under continuous service requirement. We the Department of Homeland Security paragraph (b)(4)(iv)(H) of section believe 3 years in the aggregate—even if and in (b)(1)(viii) to change the name of 315.201, regarding crediting service not continuous—is sufficient to the Postal Rate Commission to the performed overseas by family members, demonstrate an interest in Federal Postal Regulatory Commission. we are removing the 180-day limitation service that warrants granting an Proposed paragraph (b)(1)(ix) revises the for crediting such service. Under the individual career tenure. text to conform to proposed regulations proposed rule, each period of creditable Therefore, OPM is proposing to published in the Federal Register on service will stand alone, so breaks in change 5 CFR 315.201(a) to remove February 7, 2012 (77 FR 6022) service will be irrelevant. ‘‘substantially continuous’’ from the pertaining to the appointment of E.O. 12866, Regulatory Review requirement for career tenure. Under persons with disabilities. this change, an individual may attain We are revising section 315.201(b)(2), This rule has been reviewed by the career tenure after completing at least 3 Competitive status, to clarify that an Office of Management and Budget in years of creditable service as described individual may attain career tenure only accordance with E.O. 12866. in section 315.201(b). Each period of when employed (or reemployed) in a creditable service would stand alone. permanent appointment in the Regulatory Flexibility Act Once the employee accumulates 3 years competitive service that provides or I certify that these regulations would of creditable service, he/she would be leads to competitive status. not have a significant economic impact converted to career tenure. We are removing section We also are proposing to revise 315.201(b)(3), Substantially continuous on a substantial number of small entities section 315.201(b) to reflect this change service, and redesignating the remaining because they would apply only to and to remove references to outdated paragraphs in section 315.201(b). The Federal agencies and employees. and obsolete appointing authorities. The current regulation to begin a new 3-year Paperwork Reduction Act introductory text of section 315.201(b) is period after a break in service of more reworded but would continue to specify than 30 days will not apply under the The information collection that creditable service for career tenure proposed rules removing the requirements contained in this proposed must include service described in ‘‘substantially continuous service’’ rule are currently approved by the section 315.201(b)(1). We also are requirement. Office of Management and Budget under removing some repetitive verbiage from We are revising section 3206–A120. This regulation does not the introductory text. 315.201(b)(4)(i)(B) (redesignated as modify this approved collection. Section 315.201(b)(1) specifies that section 315.201(b)(3)(i)(B) in the List of Subjects in 5 CFR Part 315 the 3 years of creditable service must proposed rule) to refer agencies to begin with one of the nontemporary OPM’s Guide to Processing Personnel Government employees. appointments listed in paragraphs (i) Actions to convert intermittent days U.S. Office of Personnel Management. through (xvi) of section 315.201(b)(1). worked to calendar time. We are Katherine Archuleta, Section 315.201(b)(1)(i) describes the removing paragraph (b)(4)(i)(C) relating qualifying nontemporary appointments to part-time and intermittent service Director. in the competitive service that begin before July 1, 1962, because it is Accordingly, OPM proposes to amend eligibility for career tenure. This obsolete. 5 CFR part 315 as follows:

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PART 315—CAREER AND CAREER- as TAPER authority), nontemporary (viii) The date of nontemporary CONDITIONAL EMPLOYMENT appointment to a position in the District appointment to the Postal Career of Columbia Government before January Service or the Postal Regulatory ■ 1. The authority citation for part 315 23, 1955, and appointment based on Commission after July 1, 1971, provided continues to read as follows: Public Law 83–121. Determinations of the individual is appointed to a career Authority: 5 U.S.C. 1302, 3301, and 3302; whether an obsolete authority provides or career-conditional appointment E.O. 10577, 3 CFR, 1954–1958 Comp. p. 218, the basis for creditable service may be under 39 U.S.C. 1006; unless otherwise noted; and E.O. 13562. obtained from OPM; (ix) The date of nontemporary Secs. 315.601 and 315.609 also issued under (ii) Nontemporary appointment to an appointment under Schedule A, 22 U.S.C. 3651 and 3652. Secs. 315.602 and excepted position, provided the § 213.3102(u) of this chapter, of a person 315.604 also issued under 5 U.S.C. 1104. Sec. employee’s excepted position was with an intellectual disability, severe 315.603 also issued under 5 U.S.C. 8151. Sec. brought into the competitive service physical disability, or a psychiatric 315.605 also issued under E.O. 12034, 3 CFR, and, on that basis, the employee disability, provided the employee’s 1978 Comp. p. 111. Sec. 315.606 also issued appointment is converted to a career or under E.O. 11219, 3 CFR, 1964–1965 Comp. acquired competitive status or was p. 303. Sec. 315.607 also issued under 22 converted to a career-conditional career-conditional appointment under U.S.C. 2506. Sec. 315.608 also issued under appointment; § 315.709; E.O. 12721, 3 CFR, 1990 Comp. p. 293. Sec. (iii) Nontemporary appointment to a (x) The date of appointment in the 315.610 also issued under 5 U.S.C. 3304(c). nonappropriated fund (NAF) position in Presidential Management Fellows Sec. 315.611 also issued under 5 U.S.C. or under the Department of Defense or Program under the provisions of 3304(f). Sec. 315.612 also issued under E.O. in or under the U.S. Coast Guard, Executive Order 13318, provided the 13473. Sec. 315.710 also issued under E.O. Department of Homeland Security, employee’s appointment was converted 12596, 3 CFR, 1987 Comp. p. 229. Subpart I without a break in service to a career or also issued under 5 U.S.C. 3321, E.O. 12107, provided the employee’s NAF position was brought into the competitive service career-conditional appointment under 3 CFR, 1978 Comp. p. 264. § 315.708 as in effect immediately and, on that basis, the employee ■ 2. In § 315.201, revise paragraphs (a) before July 10, 2012, the effective date acquired competitive status or was and (b) to read as follows: of the regulations that removed and converted to a career or career- reserved that section, or under § 315.201 Service requirement for career conditional appointment; tenure. Executive Order 13562; (iv) Nontemporary excepted or (xi) The starting date of active service (a) Service requirement. A person nonappropriated fund appointment, as an administrative enrollee in the employed in the competitive service for Foreign Service appointment, or United States Merchant Marine other than temporary, term, or indefinite appointment in the Canal Zone Merit Academy; employment is appointed as a career or System, provided the employee is (xii) Appointment as a career intern career-conditional employee subject to appointed to a competitive service under Schedule B, § 213.3202(o) of this the probationary period required by position under the terms of an chapter, provided the employee’s subpart H of this part. Except as interchange agreement with another appointment was converted to a career provided in paragraph (c) of this merit system under § 6.7 of this chapter, or career-conditional appointment section, an employee must serve at least under Executive Order 11219 as under § 315.712 as in effect immediately 3 years of creditable service as defined amended by Executive Order 12292, or before July 10, 2012, the effective date in paragraph (b) of this section to under Executive Order 11171; of the regulations that removed and become a career employee. (v) The date of appointment to a reserved that section; (b) Creditable service. Unless position on the White House Staff or in (xiii) The date of appointment as a otherwise approved by OPM, the service the immediate office of the President or Pathways Participant in the Internship required for career tenure must include Vice President, provided the service has Program under Schedule D, service as described in paragraph (b)(1) been continuous and the individual was § 213.3402(a) of this chapter, provided of this section and total at least 3 years. appointed to a competitive service the employee’s appointment is (1) Nontemporary employment. To be position under § 315.602 of this chapter; converted to a career or career- creditable, the 3 years of service must (vi) The date of nontemporary conditional appointment under begin with one of the following: excepted appointment under § 315.713(a), with or without an (i) Nontemporary appointment in the § 213.3202(b) of this chapter (the former intervening term appointment, and competitive service. For this purpose, Student Career Experience Program) as without a break in service of one day; nontemporary appointment includes a in effect immediately before July 10, (xiv) The date of appointment as a career-conditional appointment. The 3 2012, the effective date of the Pathways Participant in the Recent years may also begin, but not end, with regulations removing that paragraph, Graduates Program under Schedule D, status quo employment under subpart G provided the student’s appointment was § 213.3402(b) of this chapter, provided of part 316 of this chapter, and overseas converted to a career or career- the employee’s appointment is limited appointment of indefinite conditional appointment under converted to a career or career- duration or overseas limited term Executive Order 12015 or under conditional appointment under appointment under part 301 of this Executive Order 13562, with or without § 315.713(b), with or without an chapter. The 3 years also may have an intervening term appointment, and intervening term appointment, and begun with permanent employment without a break in service of one day; without a break in service of one day; under now obsolete appointing (vii) The date of veterans recruitment (xv) The date of appointment as a authorities such as probational, war appointment (VRA), provided the Pathways Participant in the Presidential service indefinite, emergency indefinite, appointment is converted to a career or Management Fellows Program under nontemporary appointment from a civil career-conditional appointment under Schedule D, § 213.3402(c) of this service register to a position in the § 315.705 of this chapter, or the person chapter, provided the employee’s excepted service before January 23, is appointed from a civil service register appointment is converted to a career or 1955, temporary appointment pending without a break in service while serving career-conditional appointment under establishment of a register (also known under a VRA; § 315.713(c), with or without an

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intervening term appointment, and to receive continuation of pay or injury conditions, credit each period of without a break in service of one day; compensation from the Office of service: and Workers’ Compensation Programs. Also (A) In the excepted service of the (xvi) Employment with the District of credit periods of time off the rolls Federal executive branch, including Columbia Government after January 1, during which an employee was eligible employment in nonappropriated fund 1980 (the date the District implemented to receive injury compensation from the positions in or under any Federal an independent merit personnel system Office of Workers’ Compensation agency; not tied to the Federal system), provided Programs, provided the person is (B) Under temporary, term, or other the person was a District employee on reemployed under part 353 of this nonpermanent employment in the December 31, 1979, was converted to chapter. Federal competitive service; the District system on January 1, 1980, (E) Credit up to 30 calendar days for (C) In the Senior Executive Service; and is employed by nontemporary time off the rolls that follows separation (D) In the Federal legislative branch; appointment in the competitive service. by reduction in force of employees who (E) In the Federal judicial branch; (2) Competitive status. An individual are eligible for entry on the (F) In the armed forces; may attain career tenure only when reemployment priority list under (G) In the District of Columbia employed (or reemployed) in a subpart B of part 330 of this chapter, Government through December 31, permanent appointment in the provided the person is reemployed in 1979. For an employee on the District competitive service that provides or Federal service during the period of his rolls on December 31, 1979, who leads to competitive status. or her reemployment priority. converted on January 1, 1980, to the (3) Crediting service. An employee’s (F) Credit up to 30 calendar days for District independent personnel system, creditable service must total at least 3 time off the rolls that follow involuntary credit also is given for service between years, under the following conditions: separation without personal cause of January 1, 1980, and September 25, (i) Work schedule. (A) Full-time employees who are eligible for a 1980. Otherwise, service in the District service, and part-time service on or after noncompetitive appointment based on of Columbia Government on or after July 1, 1962, are counted as calendar an interchange agreement with another January 1, 1980, is not creditable as time from the date of appointment to merit system under § 6.7 of this chapter, intervening service; and date of separation. provided the person is employed in the (B) Intermittent service on or after (H) Performed overseas by family competitive service under the agreement July 1, 1962, is counted as 1 day for members, as defined by § 315.608 of this during the period of his or her each day an employee is in pay status, chapter. eligibility. regardless of the number of hours for * * * * * (G) Credit periods of nonpay status which the employee is actually paid on [FR Doc. 2013–31499 Filed 1–3–14; 8:45 am] incident to an assignment to a State, a given day. Agencies should consult BILLING CODE 6325–39–P local, or Indian tribal government, the ‘‘260-Day Work Year Chart’’ in institution of higher education, or other OPM’s Guide to Processing Personnel eligible organization provided the Actions to convert intermittent days OFFICE OF PERSONNEL employee returns to a creditable worked to calendar time. The service MANAGEMENT appointment pursuant to an agreement requirement may not be satisfied in less established under subchapter VI of 5 CFR Part 870 than 3 years of calendar time. (ii) Nonpay status on the rolls and chapter 33, title 5, U.S.C., and part 334 time off the rolls. An agency may not of this chapter. RIN 3206–AM81 credit periods of nonpay status and time (iii) Restoration based on off the rolls except as follows: unwarranted or improper actions. Based Special Rights for Transferred (A) Credit the first 30 calendar days on a finding made on or after March 30, Employees Under the Dodd-Frank Act of each period of nonpay status on the 1966, that a furlough, suspension, or Regarding Federal Employees’ Group rolls during full-time employment, or separation was unwarranted or Life Insurance during part-time employment on or after improper, an employee restored to duty receives full calendar time credit for the AGENCY: U.S. Office of Personnel July 1, 1962. On this same basis, a Management. seasonal employee receives credit for period of furlough, suspension, or ACTION: Notice of proposed rulemaking. the first 30 calendar days of each period separation for which he or she is eligible to receive back pay. If the employee is of nonduty/nonpay status. Nonpay SUMMARY: The U.S. Office of Personnel status in excess of 30 days is not restored to duty at a date later than the original adverse action, credit for Management (OPM) is issuing a creditable. proposed rule to implement provisions (B) Credit periods of nonpay status intervening periods of nonpay status is given in accordance with other of Public Law 111–203, the Dodd–Frank and time off the rolls incident to entry Wall Street Reform and Consumer into and return from military service provisions of this subsection. If the employee had been properly separated Protection Act. Public Law 111–203 and return from defense transfer, includes authorization for certain provided the person is reemployed in from the rolls of the agency before a finding was made that the adverse transferred employees to have a special Federal service during the period of his enrollment opportunity and special or her statutory or regulatory restoration action was unwarranted or improper, the correction and additional service rights regarding Federal Employees’ or reemployment rights. Group Life Insurance (FEGLI) to ensure (C) Credit periods of nonpay status credit given the employee may not their continuity of benefits coverage. and time off the rolls incident to transfer extend beyond the date of the proper to and return from an international separation. DATES: Comments are due on or before organization, provided the person is (iv) Intervening service. Certain types March 7, 2014. reemployed in Federal service under of service that ordinarily are not ADDRESSES: You may submit comments, subpart C of part 352 of this chapter. creditable are counted when they identified by RIN number ‘‘3206– (D) Credit periods of nonpay status intervene between two periods of AM81,’’ using any of the following during which an employee was eligible creditable service. Under these methods:

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Federal eRulemaking Portal: http:// chapter 87 of title 5, United States Code, former employing agency from which www.regulations.gov. Follow the shall be considered as enrollment in a life they were transferred), an opportunity instructions for submitting comments. insurance plan under that chapter for the to enroll was created. Since these Mail: Rachel Royster, Program purpose of 8706(b)(1)(A) of title 5, United employees previously did not have the Analyst, Planning and Policy Analysis, States Code.’’ 322(i)(2)(E)(ii)(IV). opportunity to elect FEGLI, they were U.S. Office of Personnel Management, These provisions allow a transferring treated as though they were new 1900 E Street NW., Washington, DC employee that participated in an OTS employees for FEGLI purposes and 20415. life insurance program that is no longer could make a first-opportunity election FOR FURTHER INFORMATION CONTACT: available at OCC or FDIC to have a of FEGLI coverage during the same Rachel Royster, Program Analyst (202) special enrollment period for FEGLI. special enrollment period as the Section 606–4181. OTS maintained the Office of Thrift 322 transferees. These employees who Supervision Group Life Insurance enrolled in FEGLI during this special SUPPLEMENTARY INFORMATION: The U.S. Program in which OCC and FDIC did enrollment period will have their time Office of Personnel Management (OPM) not continue to participate. Therefore, at in a life insurance plan administered by is issuing a notice of proposed approximately one year after the transfer their former agency in which they rulemaking to provide special FEGLI date, July 21, 2011, OPM held a special transferred from credited towards their rights to the following employees who enrollment period for transferred 5 years of continuous enrollment to were carrying employer sponsored life employees participating in Office of continue FEGLI coverage into insurance other than FEGLI: (1) Thrift Supervision Group Life Insurance retirement. Employees from Office of Thrift Program to enroll in FEGLI. The special Supervision (OTS) transferred to Office Section 322 and Section 1064. Special enrollment period began on June 1, 2012 of the Comptroller of the Currency Provisions for Annuitants To Ensure and ended July 29, 2012. (OCC) and Federal Deposit Insurance Any employee who enrolled in FEGLI Continuation of Life Insurance Benefits Corporation (FDIC); and (2) employees during this special enrollment period Section 322 and Section 1064 contain of the Federal Reserve System, FDIC, will have their time in a life insurance the following text: National Credit Union Administration plan administered by OTS credited (E) SPECIAL PROVISIONS TO Board (NCUA), OCC, OTS, and towards their 5 years of continuous ENSURE CONTINUATION OF LIFE Department of Housing and Urban enrollment to continue FEGLI coverage INSURANCE BENEFITS.— Development (HUD) to the Consumer into retirement. (i) IN GENERAL.—An annuitant, as Financial Protection Bureau (CFPB or defined in section 8901 of title 5, United the Bureau) under Public Law 111–203. Section 1064. Transfer of Employees States Code, who is enrolled in a life The new regulatory provisions include From the Federal Reserve System, insurance plan administered by an new subparts in part 870 of title 5 of the FDIC, NCUA, OCC, OTS and HUD to agency from which employees are Code of Federal Regulations. CFPB transferred under this title on the day Authorizing legislation: Section 322 and The relevant portion of this section before the transfer date shall be eligible Section 1064 of Public Law 111–203 states: for coverage by a life insurance plan discuss the transfer of employees and ‘‘(B) Medical, Dental, Vision, or Life under sections 8706(b), 8714a, 8714b, or their special FEGLI rights. Insurance After the First Year.— If, at the end 8714c of title 5, United States Code, or Section 322. Transfer of Employees of the 1-year period beginning on the by a life insurance plan established by From OTS to OCC or FDIC designated transfer date, the Bureau has not the Office of the Comptroller of the established its own, or arranged for Currency or the Corporation, as The relevant portions of this section participation in another entity’s, medical, applicable, without regard to any states: dental, vision, or life insurance program, an regularly scheduled open season or any ‘‘(B) Dental, Vision, or Life Insurance After employee transferred pursuant to this subtitle requirement of insurability. the First Year.—If, after the 1-year period who was a member of such a program at the 322(i)(2)(E)(i). beginning on the transfer date, the Office of agency or Federal reserve bank from which the employee transferred may, before the And the Comptroller of the Currency or the (G) SPECIAL PROVISIONS TO Corporation determines that the Office of the coverage of that employee ends under subparagraph (A)(i), elect to enroll, without ENSURE CONTINUATION OF LIFE Comptroller of the Currency or the INSURANCE BENEFITS.— Corporation, as the case may be, will not regard to any regularly scheduled open continue to participate in any dental, vision season, in—’’1064(i)(2)(B). (i) IN GENERAL.—An annuitant (as or life insurance program of an agency from ‘‘(iii) the Federal Employees’ Group Life defined in section 8901(3) of title 5, which an employee was transferred, a Insurance Program established under chapter United States Code) who is enrolled in transferred employee who is a member of the 87 of title 5, United States Code, without a life insurance plan administered by a program may, before the decision takes effect regard to any requirement of insurability transferor agency on the day before the and without regard to any regularly . . .’’ 1064(i)(2)(B)(iii). designated transfer date shall be eligible scheduled open season, elect to enroll CFPB established its own life for coverage by a life insurance plan in—’’ 322(i)(2)(B). insurance program. Therefore, the under 8706(b), 8714a, 8714b, and 8714c * * * * * referenced employees transferred did of title 5, United States Code, or in a life ‘‘(iii) the Federal Employees’ Group Life not have a special enrollment period to insurance plan established by the Insurance Program established under chapter elect FEGLI coverage. These transferred Bureau, without regard to any regularly 87 of title 5, United States Code, without regard to any requirement of insurability.’’ employees can enroll if they experience scheduled open season and requirement 322(i)(2)(B)(iii). a qualifying life event or by providing of insurability. 1064(i)(2)(G)(i). satisfactory medical information. OPM has interpreted these provisions * * * * * While there was no special to mean that if a referenced annuitant’s ‘‘(IV) Credit for Time Enrolled in Other Plans—For any transferred employee, enrollment period for employees life insurance coverage lapsed because enrollment in a life insurance plan transferring to CFPB, if employees that their life insurance program ceased to administered by the agency from which the transferred to CFPB were newly eligible exist, then they will be eligible to elect employee transferred, immediately before for FEGLI (they did not have a prior FEGLI. There is no one in this category enrollment in a life insurance plan under FEGLI election opportunity at their because there are no life insurance

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programs administered by a transferor § 870.701 Eligibility for life insurance. • Agency Web site: http:// agency that ceased to exist. Therefore, * * * * * www.federalreserve.gov. Follow the there are no annuitants that can elect (f) An individual’s period of coverage instructions for submitting comments at FEGLI as a result of these provisions. in a life insurance plan is credited to the at http://www.federalreserve.gov/apps/ 5 years of service under (a)(2) of this foia/proposedregs.aspx. Regulatory Impact Analysis section if: (1) He/she participated in the • Federal eRulemaking Portal: http:// OPM has examined the impact of this Office of Thrift Supervision (OTS) life www.regulations.gov. Follow the proposed rule as required by Executive insurance plan and transferred to the instructions for submitting comments. Order 12866 and Executive Order Office of the Comptroller of the • Email: 13563, which directs agencies to assess Currency/Federal Deposit Insurance [email protected]. all costs and benefits of available Corporation under the Dodd-Frank Wall Include docket number in the subject regulatory alternatives and, if regulation Street Reform and Consumer Protection line of the message. is necessary, to select regulatory Act, Public Law 111–203, or he/she • FAX: (202) 452–3819 or (202) 452– approaches that maximize net benefits transferred to the Consumer Financial 3102. (including potential economic, Protection Bureau under the Dodd- • Mail: Robert deV. Frierson, environmental, public, health, and Frank Wall Street Reform and Consumer Secretary, Board of Governors of the safety effects, distributive impacts, and Protection Act, Public Law 111–203 and Federal Reserve System, 20th Street and equity). A regulatory impact analysis did not have a prior FEGLI election Constitution Avenue NW., Washington, must be prepared for major rules with opportunity at their former agency from DC 20551. economically significant effects of $100 which they transferred, and (2) elected All public comments are available million or more in any one year. This FEGLI coverage during the special from the Board’s Web site at http:// rule is not considered a major rule enrollment period between June 1, 2012 www.federalreserve.gov/apps/foia/ because OPM expects that this rule will and July 29, 2012. Evidence of the non- proposedregs.aspx as submitted, unless not impose costs of more than $100 FEGLI period of continuous coverage modified for technical reasons. million in any one year. will be documented in a manner Accordingly, your comments will not be designated by OPM. edited to remove any identifying or List of Subjects on 5 CFR Part 870 * * * * * contact information. Public comments Administrative practice and [FR Doc. 2013–31498 Filed 1–3–14; 8:45 am] may also be viewed electronically or in procedure, Government Employees, Life BILLING CODE 6325–63–P paper form in Room MP–500 of the insurance. Board’s Martin Building (20th and C U.S. Office of Personnel Management. Street NW.,) between 9:00 a.m. and 5:00 Katherine Archuleta, FEDERAL RESERVE SYSTEM p.m. on weekdays. Director. FOR FURTHER INFORMATION CONTACT: 12 CFR Part 201 Laurie S. Schaffer, Associate General For the reasons set forth in the Counsel (202) 452–2272, Sophia H. preamble, the U.S. Office of Personnel [Regulation A; Docket No. R–1476] Allison, Senior Counsel (202) 452–3565, Management proposes to amend 5 CFR RIN 7100–AE08 or Jay R. Schwarz, Counsel (202) 452– Part 870 as follows: 2970, Legal Division; for users of Extensions of Credit by Federal Title 5—Administrative Personnel Telecommunications Device for the Deaf Reserve Banks (TDD) only, contact (202) 263–4869; PART 870—FEDERAL EMPLOYEES’ AGENCY: Board of Governors of the Board of Governors of the Federal GROUP LIFE INSURANCE PROGRAM Federal Reserve System. Reserve System, 20th Street and Constitution Ave. NW., Washington, DC Subpart A—Administration and ACTION: Notice of proposed rulemaking; 20551. General Provisions request for public comment. SUPPLEMENTARY INFORMATION: SUMMARY: The Board invites public ■ 1. The authority citation for Part 870 comment on proposed amendments to I. Background is revised to read as follows: Regulation A (Extensions of Credit by Prior to 2010, section 13(3) of the FRA Authority: 5 U.S.C. 8716; Subpart J also Federal Reserve Banks) that would (12 U.S.C. 343) provided that the Board issued under section 599C of Pub. L. 101– implement sections 1101 and 1103 of may authorize any Federal Reserve Bank 513, 104 Stat. 2064, as amended; Sec. the Dodd-Frank Wall Street Reform and (‘‘Reserve Bank’’) to extend credit to any 870.302(a)(3)(ii) also issued under section Consumer Protection Act of 2010 (the 153 of Pub. L. 104–134, 110 Stat. 1321; Sec. individual, partnership, or corporation 870.302(a)(3) also issued under sections ‘‘Dodd-Frank Act’’). These provisions of subject to four principal conditions set 11202(f), 11232(e), and 11246(b) and (c) of the Dodd-Frank Act amend the forth in that section. These conditions Pub. L. 105–33, 111 Stat. 251, and section emergency lending authority of the required that (1) credit be extended only 7(e) of Pub. L. 105–274, 112 Stat. 2419; Sec. Federal Reserve Banks under section in unusual and exigent circumstances; 870.302(a)(3) also issued under section 145 of 13(3) of the Federal Reserve Act (the (2) the Board act by the affirmative vote Pub. L. 106–522, 114 Stat. 2472; Secs. ‘‘FRA’’), and require the Board, in of at least five of its members; (3) the 870.302(b)(8), 870.601(a), and 870.602(b) also consultation with the Secretary of the lending Reserve Bank obtain evidence issued under Pub. L. 110–279, 122 Stat. 2604; Treasury, to establish by regulation before extending the credit that the Subpart E also issued under 5 U.S.C. 8702(c); certain policies and procedures with Sec. 870.601(d)(3) also issued under 5 U.S.C. borrower is unable to secure adequate 8706(d); Sec. 870.703(e)(1) also issued under respect to emergency lending under that accommodations from other banking section 502 of Pub. L. 110–177, 121 Stat. section. institutions; and (4) the extension of 2542; Sec. 870.705 also issued under 5 U.S.C. DATES: Comments must be submitted by credit be indorsed or otherwise secured 8714b(c) and 8714c(c); Public Law 104–106, March 7, 2014. to the satisfaction of the Reserve Bank. 110 Stat. 521; ADDRESSES: You may submit comments, This statutory authority to extend credit ■ 2. In § 870.701, add paragraph (f) to identified by Docket No. R–1476, by any in unusual and exigent circumstances read as follows: of the following methods: was enacted by Congress in 1932 to

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enable the Federal Reserve, as the accommodations are not generally describing the unusual and exigent nation’s central bank, to provide available. circumstances that exist and the liquidity in times of financial stress. Because these rules establish intended effect of the program or Effective on July 21, 2010, the Dodd- procedures governing lending activity, facility. Section 201.4(d)(1)(iii) of the Frank Act (Pub. L. 111–203, 124 Stat. the Board does not believe that the proposed rule further requires that the 1376) made extensive amendments to Administrative Procedure Act requires Board (and the authorized Reserve Bank section 13(3) of the FRA. In particular, publication of the proposed rule or or Reserve Banks, as appropriate) make section 1101 of the Dodd-Frank Act impedes lending in accordance with the publicly available, as soon as is amended section 13(3) of the FRA to: statutory provisions of section 13(3) as reasonably practicable, a description of • Remove the general authority to amended by the Dodd-Frank Act prior the program or facility and the terms lend to an individual, partnership, or to adoption of the final rule. and conditions for participation in the corporation and limit the Federal Nevertheless, the Board also believes program or facility. Reserve’s emergency lending authority that there is significant value in to extending credit to participants in a obtaining public comment on the 2. Definitions of Broad-Based Eligibility program or facility with broad-based proposed rule in this instance. and Insolvency eligibility; Consequently, the Board invites Section 201.4(d)(2) of the proposed • require the Board to obtain the comment on all aspects of the proposed rule sets forth the definition of a approval of the Secretary of the amendments to Regulation A set forth program or facility ‘‘with broad-based Treasury prior to extending emergency below to implement the requirements of eligibility.’’ As part of this definition, it credit under section 13(3) of the FRA; the Dodd-Frank Act. As required by the also sets forth the definition of • provide that a program or facility Dodd-Frank Act, the Board consulted ‘‘insolvent.’’ that is structured to remove assets from with the Secretary of the Treasury in the the balance sheet of a single and specific development of the proposed Proposed section 201.4(d)(2)(i) company, or that is established for the amendments. incorporates three requirements purpose of assisting a single and II. Section by Section Summary of established by the Dodd-Frank Act for a specific company avoid bankruptcy, Proposed Rule program or facility to have ‘‘broad-based resolution under title II of the Dodd- eligibility’’ for purposes of section 13(3) Frank Act, or any other Federal or State A. Section 201.4(d)—Emergency Credit of the FRA. Under subparagraph (A) of insolvency proceeding, would not be for Others proposed section 201.4(d)(2)(i), in order considered a program or facility with 1. Authorization To Extend Credit for a program or facility to have ‘‘broad- broad-based eligibility; and based eligibility,’’ it must be designed to • Section 201.4(d)(1) of the proposed require the Board, in consultation rule sets forth the process that the Board provide liquidity to a market or sector with the Secretary of the Treasury, to must undertake to authorize a Reserve of the financial system. As required by adopt by regulation policies and Bank to extend credit under section the Dodd-Frank Act, proposed section procedures that are designed to ensure 13(3) of the FRA. First, section 201.4(d)(2)(i)(B) provides that a program that: 201.4(d)(1)(i) provides that the Board or facility must not be for the purpose Æ Any emergency lending program or may authorize credit under section 13(3) of aiding a failing financial company facility is for the purpose of providing of the FRA only if it determines that and must not be structured to remove liquidity to the financial system, and unusual and exigent circumstances exist assets from the balance sheet of a single not to aid a failing financial company; upon the affirmative vote of not less and specific company. In addition, Æ the security for emergency loans is than five members of the Board unless proposed section 201.4(d)(2)(i)(C) sufficient to protect taxpayers from fewer are authorized pursuant to section incorporates the requirement of the losses; 11(r) of the FRA. This requirement in Dodd-Frank Act that a program or Æ any such program or facility is section 13(3) was not changed by the facility not be established for the terminated in a timely and orderly Dodd-Frank Act. Section 201.4(d)(1)(ii) purpose of assisting a single and fashion; of the proposed rule provides that the specific company to avoid bankruptcy, Æ a Reserve Bank assigns, consistent Board may not establish a program or resolution under Title II of the Dodd- with sound risk management practices facility under section 13(3) without the Frank Act, or any other Federal or State and to ensure protection for the prior approval of the Secretary of the insolvency proceeding. taxpayer, a lendable value to all Treasury. Proposed section 201.4(d)(2)(ii) collateral for emergency loans; and Section 201.4(d)(1)(i) of the proposed Æ authorizes the Board to determine the borrowing by insolvent borrowers rule also provides that credit may be type of facility used to extend credit, so is prohibited. extended by any Reserve Bank only long as the facility is broad-based. For The revisions made to section 13(3) through a program or facility with example, liquidity facilities may extend by the Dodd-Frank Act focus this broad-based eligibility. This credit directly to participants in those emergency lending authority on requirement conforms the regulation facilities in some cases, or through a programs and facilities that relieve with the limitations in the Dodd-Frank special purpose vehicle in other cases. liquidity pressures in financial markets Act. In addition, section 201.4(d)(1)(i) through broad-based liquidity facilities. provides that any credit extended under As noted above, section 1101 of the The Dodd-Frank Act did not change the section 13(3) of the FRA is subject to Dodd-Frank Act requires the Board to requirements already contained in such other conditions as the Board may ‘‘establish procedures to prohibit section 13(3) that the Board authorize determine. borrowing from programs and facilities lending under that section only in Section 201.4(d)(1)(iii) of the by borrowers that are insolvent.’’ unusual and exigent circumstances and proposed rule provides that the Board Section 1101 also provides that a upon a vote of at least five of its must, at the time of the authorization or borrower ‘‘shall be considered members, the Reserve Bank be secured as soon thereafter as is reasonably insolvent’’ if the borrower ‘‘is in to its satisfaction, and the Reserve Bank practicable, document the justification bankruptcy, resolution under Title II of obtain evidence that other bank credit for its authorization, including [the Dodd-Frank Act], or any other

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Federal or State insolvency Section 201.4(d)(3) of the proposed liquidity support provided by such proceeding.’’ 1 rule incorporates both of these program or facility; and other The proposed rule adopts these requirements. Section 201.4(d)(3) appropriate factors. The Board will statutory provisions. Accordingly, provides that all credit extended under generally seek to terminate programs or proposed section 201.4(d)(2)(iii) emergency lending programs and facilities when their identified goals provides that a Reserve Bank must not facilities must be indorsed or otherwise have been reached or once the Board extend credit through a program or secured to the satisfaction of the lending determines that conditions have facility established under section 13(3) Reserve Bank and that the Reserve Bank otherwise changed to warrant the of the FRA to any person or entity that must, at the time the credit is initially termination of the program or facility. is in bankruptcy, resolution under Title extended, assign a lendable value to all collateral for the program or facility, 5. Evidence Regarding Unavailability of II of the Dodd-Frank Act, or any other Adequate Credit Accommodation Federal or State insolvency proceeding. consistent with sound risk management practices and to ensure protection for Section 13(3) has always required that As provided by the Dodd-Frank Act, the taxpayer. As in section 13(3) of the a Reserve Bank, prior to extending the proposed rule includes a FRA as amended, proposed section credit to any participant in a program or certification process for establishing that 201.4(d)(3)(ii) applies specifically to facility under that section, obtain a person or entity is not ‘‘insolvent’’ for ‘‘collateral.’’ evidence that such participant is unable purposes of the rule. Proposed section The Reserve Banks have long assigned to secure adequate credit 201.4(d)(2)(iii)(B) provides that a a lendable value to collateral at the time accommodations from other banking Reserve Bank may rely on a written credit is extended by reviewing the institutions. The proposed rule certification from the person, the chief collateral and applying discounts or incorporates this requirement that the executive officer of the entity or another ‘‘haircuts’’ to the value of the collateral. Reserve Bank obtain evidence of the authorized officer of the entity, at the The Reserve Banks then determine, inability of participants to secure time the person or entity initially based on the lendable value of any adequate credit accommodations, and borrows under a program or facility, that collateral posted, the financial strength recognizes that this evidence may the person or entity is not in bankruptcy of the borrower, the presence of any include evidence based on economic or in a resolution or other insolvency indorsement, and other factors, whether conditions in the market or markets proceeding. As also provided in section the credit is satisfactorily secured. The addressed by the program or facility or 1101 of the Dodd-Frank Act, the haircuts applied to collateral are evidence obtained from other sources, proposed rule provides that a person or described in the Federal Reserve including facility or market participants. entity that submits a written Discount Window & Payment System certification must immediately notify Risk Collateral Margins Table and the 6. Reporting Requirements the lending Reserve Bank if the Federal Reserve Collateral Guidelines, The Dodd-Frank Act contains detailed information in the certification changes. available on the Federal Reserve reporting requirements with respect to Section 201.4(d)(2)(iii)(C) of the Discount Window & Payment System section 13(3) extensions of credit.7 The proposed rule provides that a Risk Web site.5 The Board believes that Board intends to comply with these participant that is or has become these provisions of proposed section statutory requirements as enacted. insolvent would be prohibited from 201.4(d)(3) address the statutory Therefore, the proposed rule provides receiving any new extension of credit requirement for policies and procedures that the Board will comply with 12 under the program or facility. that are designed to ensure protection U.S.C. 248(s) and 12 U.S.C. 343(3)(C) 3. Indorsement or Other Security for the taxpayer. pursuant to their terms. Prior to the Dodd-Frank Act, section 4. Termination of Program or Facility 7. No Obligation To Extend Credit 13(3) provided that any extension of The Dodd-Frank Act requires that the Section 201.4(d)(7) of the proposed credit under that section must be Board’s policies and procedures with rule recognizes that Reserve Banks have ‘‘indorsed or otherwise secured to the respect to section 13(3) extensions of no obligation to extend credit to any satisfaction of the Federal Reserve credit be designed to ensure that any particular person or entity through an bank.’’ 2 The Dodd-Frank Act retained such program is terminated in a timely emergency lending program or facility. this provision of the original statute and and orderly fashion.6 In order to address This provision mirrors the provision added two further requirements. First, this requirement, Section 201.4(d)(4) of applicable to lending to depository the Dodd-Frank Act directs that the the proposed rule provides that the institutions set forth in section 201.3(b) Board’s policies and procedures ‘‘be Board will periodically review whether of Regulation A. designed to ensure . . . that the security each emergency lending program should for emergency loans is sufficient to be terminated. The proposed rule 8. Short-Term Emergency Credit protect taxpayers from losses.’’ 3 further provides that, in conducting this Secured Solely by United States or Second, the Dodd-Frank Act requires review, the Board will consider such Agency Obligations that the Board’s policies and procedures factors as the continued existence of Section 201.4(d)(8) of the proposed ‘‘require that a Federal reserve bank unusual and exigent circumstances; the rule retains, but relocates, an assign, consistent with sound risk extent of usage of the program or authorization already included in management practices and to ensure facility; the extent to which the Regulation A that authorizes a Reserve protection for the taxpayer, a lendable continuing authorization of the program Bank to extend credit under section value to all collateral for a loan or facility facilitates restoring or 13(13) of the FRA if the collateral used executed’’ under section 13(3) of the sustaining confidence in financial to secure the credit consists solely of FRA.4 markets; economic and market obligations of, or obligations fully conditions; the functioning of financial guaranteed as to principal and interest 1 124 Stat. 1376 at 2113–15. markets; the ongoing need for the by, the United States or an agency of the 2 See 12 U.S.C. 343, 47 Stat. 715. 3 Dodd-Frank Act Section 1101(a)(6). 5 http://www.frbdiscountwindow.org/index.cfm. 7 Dodd-Frank Act Sections 1101(a)(6) and 4 Id. 6 Dodd-Frank Act Section 1101(a)(6). 1103(b).

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United States. As under the current rule, any other Federal rules. Under OMB regulations.8 OMB regulations under the proposed rule, the Reserve regulations issued by the Small define a ‘‘collection of information’’ as Bank would be authorized to extend Business Administration (‘‘SBA’’), a obtaining, causing to be obtained, credit under section 13(13) of the FRA ‘‘small entity’’ includes those firms soliciting, or requiring the disclosure to in unusual and exigent circumstances, within the ‘‘Finance and Insurance’’ an agency, third parties or the public of after consultation with the Board, and if sector with asset sizes that vary from information by or for an agency ‘‘by the Reserve Bank has obtained evidence $35.5 million or less in assets to $500 means of identical questions posed to, that credit is not available from other million or less in assets. The Board or identical reporting, recordkeeping, or sources and failure to obtain credit believes that the Finance and Insurance disclosure requirements imposed on, would adversely affect the economy. As sector constitutes a reasonable universe ten or more persons, whether such set forth in section 13(13) of the FRA, of firms for these purposes because such collection of information is mandatory, section 201.4(d)(8) of the proposed rule firms generally engage in activities that voluntary, or required to obtain or retain also provides that credit extended under are financial in nature and the vast a benefit.’’ 9 this provision may not be extended for majority of emergency loans under In accordance with the PRA, the a term exceeding 90 days. Section section 13(3) during the recent financial Board reviewed the proposed rule under 201.4(d)(8) retains the provision in crisis were extended to such firms. the authority delegated to the Board by current section 201.4(d) of Regulation A Consequently, financial firms with asset the Office of Management and Budget that extensions of credit under this sizes of $175 million or less are small (OMB). The Federal Reserve may not section be at a rate above the highest entities for purposes of the RFA. conduct or sponsor, and a respondent is rate in effect for advances to depository As discussed in the Supplementary not required to respond to, an institutions. Information, the proposed rule would information collection unless it displays apply to any participant in an a currently valid OMB control number. B. Section 201.3(b)—No obligation to emergency lending program or facility The collection of information that make advances or discounts with broad-based eligibility. To the would be required by this notice of Section 201.3(b) of the proposed rule extent that small entities are proposed rulemaking is found in section reflects a technical change to conform participants in these programs or 201.4(d)(2)(iii)(B). Under this section a the language of that section with the facilities, they would be receiving Reserve Bank may rely on a written language of section 201.4(d)(7) of the emergency loans from the Federal certification from the person, the chief proposed rule. Reserve. It is not possible to ascertain at executive officer of the entity or another The Board invites comments on all this time the number of small entities authorized officer of the entity, at the aspects of its proposed rule. that might participate in these programs time the person or entity initially and facilities or what requirements will borrows under a program or facility, that III. Administrative Law Matters be imposed on them if they do so. At a the person or entity is not in bankruptcy A. Regulatory Flexibility Act minimum, it is likely that participants or in a resolution or other insolvency would be required to pay interest on proceeding. In addition, a person or In accordance with section 3(a) of the loans extended to them and to keep entity that submits such a written Regulatory Flexibility Act (5 U.S.C. 601 records of the use of loan proceeds. certification must immediately notify et seq.) (‘‘RFA’’), the Board is publishing However, the positive economic impact the lending Reserve Bank if the an initial regulatory flexibility analysis of receiving such a loan is likely to information in the certification changes. of the proposed rule. The RFA requires substantially outweigh any economic The Federal Reserve believes that an agency either to provide an initial burden of participating in the program compliance with this requirement regulatory flexibility analysis with a or facility. should require minimal effort on the proposed rule for which a general notice In light of the foregoing, the Board part of the respondent, thus the burden of proposed rulemaking is required or to does not believe that the proposed rule, associated would be considered certify that the proposed rule will not if adopted in final form, would have a negligible. have a significant economic impact on significant negative economic impact on Comments are invited regarding (a) a substantial number of small entities. a substantial number of small entities. whether the proposed collection of Based on its analysis and for the reasons Nonetheless, the Board invites comment information is necessary for the proper stated below, the Board believes that on whether (a) the Finance and performance of the Federal Reserve’s this proposed rule will not have a Insurance sector constitutes a functions, including whether the significant economic impact on a reasonable universe of firms for information has practical utility; (b) the substantial number of small entities. establishing the definition of ‘‘small accuracy of the Federal Reserve’s Nevertheless, the Board is publishing an entity’’ and (b) the proposed rule would estimate of the burden of the proposed initial regulatory flexibility analysis. A impose undue burdens on, or have information collection, including the final regulatory flexibility analysis will unintended consequences for, small cost of compliance; (c) ways to enhance be conducted after comments received organizations, and whether there are the quality, utility, and clarity of the during the public comment period have ways such potential burdens or information to be collected; and (d) been considered. consequences could be minimized in a ways to minimize the burden of In accordance with section 1101 and manner consistent with sections 1101 information collection on respondents, 1103 of the Dodd-Frank Act, the Board and 1103 of the Dodd-Frank Act. including through the use of automated is proposing amendments to Regulation B. Paperwork Reduction Act Analysis collection techniques or other forms of A (12 CFR part 201 et seq.) to establish information technology. Comments on policies and procedures for emergency Office of Management and Budget the collection of information should be lending under section 13(3) of the FRA. (OMB) regulations implementing the sent to Secretary, Board of Governors of The reasons and justification for the Paperwork Reduction Act (PRA) state the Federal Reserve System, proposed rule are described in the that agencies must submit ‘‘collections Supplementary Information. The Board of information’’ contained in proposed 8 5 CFR 1320.11. The PRA is codified at 44 U.S.C. does not believe that the proposed rule rules published for public comment in 3506 et seq. duplicates, overlaps, or conflicts with the Federal Register in accordance with 9 5 CFR 1320.11(c).

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Washington, DC 20551, with copies of with this section at rates established in person or from the chief executive such comments to be sent to the Office accordance with the provisions of officer or other authorized officer of the of Management and Budget, Paperwork section 14, subdivision (d) of the entity, at the time the person or entity Reduction Project, Washington, DC Federal Reserve Act (12 U.S.C. 357). initially borrows under a program or 20503. (ii) The Board may not establish any facility hereunder, that the person or program or facility under this section entity is not in bankruptcy or in a C. Invitation for Comments on Use of without obtaining the prior approval of resolution or other insolvency Plain Language the Secretary of the Treasury. proceeding described in paragraph Section 722 of the Gramm-Leach (iii) At the time of any authorization (d)(2)(iii)(A) of this section. The person Bliley Act of 1999 requires the Federal under paragraph (d)(1)(i) of this section or entity submitting such a written banking agencies to use plain language or as soon thereafter as is reasonably certification must immediately notify in all proposed and final rules practicable, the Board will document the lending Federal Reserve Bank if the published after January 1, 2000.10 The the justification for its authorization, information in the certification changes. Board invites comment on whether the including a description of the unusual (C) Upon a finding by the Federal proposed rule is clearly stated and and exigent circumstances that exist and Reserve Bank that a participant, effectively organized, and how the the intended effect of the program or including a participant that has Board might make the text of the rule facility. The Board and the authorized provided a certification under paragraph easier to understand. Federal Reserve Bank or Federal Reserve (d)(2)(iii)(B) of this section, is or has Banks, as appropriate, will make become insolvent, that participant is not List of Subjects in 12 CFR Part 201 publicly available a description of the eligible for any new extension of credit Banks, Banking, Federal Reserve program or facility and the terms and from a program or facility established System, Reporting and recordkeeping conditions for participation in the under this section until such time as the requirements. program or facility as soon as is Federal Reserve Bank determines that reasonably practicable. such participant is no longer insolvent. Authority and Issuance (2) Broad-based eligibility; insolvency. (3) Indorsement or other security. (i) For the reasons set forth in the (i) A program or facility established All credit extended under a program or preamble, the Board is proposing to under this section must have broad- facility established under this section amend 12 CFR Part 201 (Regulation A) based eligibility in accordance with must be indorsed or otherwise secured as follows: terms established by the Board. For to the satisfaction of the lending Federal purposes of this section, a program or Reserve Bank. PART 201—EXTENSIONS OF CREDIT facility has broad-based eligibility only (ii) In determining whether an BY FEDERAL RESERVE BANKS if the program or facility— extension of credit under any program (REGULATION A) (A) Is designed to provide liquidity to or facility established under this section an identifiable market or sector of the is secured to its satisfaction, a Federal ■ 1. The authority citation for part 201 financial system; Reserve Bank must, prior to or at the is revised to read as follows: (B) Is not for the purpose of aiding a time the credit is initially extended, Authority: 12 U.S.C. 248(i)–(j) and (s), 343 failing financial company and is not assign a lendable value to all collateral et seq., 347a, 347b, 347c, 348 et seq., 357, structured to remove assets from the for the program or facility, consistent 374, 374a, and 461. balance sheet of a single and specific with sound risk management practices ■ 2. Section 201.3 paragraph (b) is company; and and to ensure protection for the revised to read as follows: (C) Is not established for the purpose taxpayer. of assisting a single and specific (4) Termination of program or facility. § 201.3 Extensions of credit generally. company to avoid bankruptcy, To ensure that the program or facility * * * * * resolution under Title II of Dodd-Frank under this section is terminated in a (b) No obligation to make advances or Wall Street Reform and Consumer timely and orderly fashion, the Board discounts. This section does not entitle Protection Act (Pub. L. 111–203, 12 will periodically review the existence of any person or entity to obtain credit U.S.C. 5381 et seq.), or any other unusual and exigent circumstances; the from a Federal Reserve Bank. Federal or State insolvency proceeding. extent of usage of the program or facility; the extent to which the * * * * * (ii) A Federal Reserve Bank may continuing authorization of the program ■ 3. Section 201.4 paragraph (d) is extend credit through a program or or facility facilitates restoring or revised to read as follows: facility with broad-based eligibility established under this section through sustaining confidence in financial § 201.4 Availability and terms of credit. such mechanism or vehicle as the Board markets; economic and market * * * * * determines would facilitate the conditions; the functioning of financial (d) Emergency credit for others.—(1) extension of such credit. markets; the ongoing need for the Authorization to extend credit. (i) In (iii) A Federal Reserve Bank may not liquidity support provided by such unusual and exigent circumstances, the extend credit through a program or program or facility; and such other Board, by the affirmative vote of not less facility established under this section to factors as the Board may deem to be than five members,1 may authorize any any person or entity that is insolvent. appropriate. Federal Reserve Bank, subject to such (A) A person or entity is ‘‘insolvent’’ (5) Evidence regarding unavailability conditions and during such periods as for purposes of this section if the person of adequate credit accommodation. the Board may determine, to extend or entity is in bankruptcy, resolution Each lending Federal Reserve Bank credit to any participant in a program or under Title II of Public Law 111–203 (12 must obtain evidence that, under the facility with broad-based eligibility U.S.C. 5381 et seq.) or any other Federal prevailing circumstances, participants established and operated in accordance or State insolvency proceeding. in a program or facility established (B) In determining for purposes of this under this section are unable to secure 10 12 U.S.C. 4809. section whether a person or entity is adequate credit accommodations from 1 Unless fewer are authorized pursuant to section insolvent, a Federal Reserve Bank may other banking institutions. This 11(r) of the Federal Reserve Act. 12 U.S.C. 248(r). rely on a written certification from the evidence may be based on economic

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conditions in the market or markets craft under the jurisdiction of the DoN The current rule is based on intended to be addressed by the pursuant to the Sunken Military Craft provisions of the National Historic program or facility, or other evidence Act (SMCA), and to issue revised Preservation Act (NHPA) (16 U.S.C. 470) from participants, or other sources. application guidelines for research which sets forth the responsibility for (6) Reporting requirements. The Board permits on terrestrial military craft each agency to preserve and manage will comply with the reporting under the jurisdiction of the DoN. historic properties under their requirements of 12 U.S.C. 248(s) and 12 DATES: Interested parties should submit respective jurisdiction and control and U.S.C. 343(3)(C) pursuant to their terms. written comments on or before March 7, 5 U.S.C. 301, which authorizes the DoN (7) No obligation to extend credit. 2014. to promulgate regulations regarding the This section does not entitle any person custody, use, and preservation of its ADDRESSES: You may submit comments, or entity to obtain credit from a Federal records, papers and property. The rule identified by docket number and/or Reserve Bank. institutes a permitting program that Regulatory Information Number (RIN) (8) Short-term emergency credit authorizes controlled access to disturb and title, by any of the following secured solely by United States or these historic properties, which remain methods: agency obligations. In unusual and property of the DoN, for prescribed exigent circumstances and after Federal eRulemaking Portal: http:// purposes. It is the policy of the DoN to consultation with the Board, a Federal www.regulations.gov. preserve these sites in situ unless site Reserve Bank may extend credit under Follow the instructions for submitting disturbance, removal, or injury is section 13(13) of the Federal Reserve comments. necessary for their protection or Act if the collateral used to secure such Mail: Federal Docket Management justified for research and educational credit consists solely of obligations of, System Office, 4800 Mark Center Drive, purposes. Archaeological science and or obligations fully guaranteed as to East Tower, Suite 02G09, Alexandria, sound management principles support principal and interest by, the United VA 22350–3100. this strategy that affords the DoN the States or an agency thereof. Prior to Instructions: All submissions received ability to efficiently oversee its more extending credit under this paragraph, must include the agency name and than 17,000 historic wrecks dispersed the Federal Reserve Bank must obtain docket or RIN number for this Federal around the globe. evidence that credit is not available Register document. The general policy The existing regulations only apply to from other sources and failure to obtain for comments and other submissions ships and aircraft that are classified as such credit would adversely affect the from members of the public is to make historic structures or archaeological economy. Credit extended under this these submissions available for public sites, regardless of location, and do not paragraph may not be extended for a viewing on the Internet at http:// carry the enforcement provisions term exceeding 90 days, must be regulations.gov as they are received necessary to serve as a deterrent to their extended at a rate above the highest rate without change, including any personal unauthorized disturbance. The SMCA in effect for advances to depository identifiers or contact information. was enacted in 2004 and codified these institutions as determined in FOR FURTHER INFORMATION CONTACT: Dr. existing principles of preservation of accordance with section 14(d) of the Robert Neyland, Head, Underwater title and sovereign immunity in regards Federal Reserve Act, and is subject to Archaeology Branch, Naval History & to sunken military craft. As defined in such limitations and conditions as Heritage Command, Department of the the SMCA, the term sunken military provided by the Board. Navy, 805 Kidder Breese Street SE., BL craft includes all sunken warships, all By order of the Board of Governors of the 57, Washington Navy Yard, DC 20374, naval auxiliaries, and other vessels that Federal Reserve System, December 23, 2013. email: NHHCUnderwater were owned or operated by a Robert deV. Frierson, [email protected]. government on military noncommercial Secretary of the Board. SUPPLEMENTARY INFORMATION: service when they sank. The term also includes all sunken military aircraft or [FR Doc. 2013–31025 Filed 1–3–14; 8:45 am] Executive Summary BILLING CODE 6210–01–P spacecraft owned or operated by a This proposed rule serves as a government when they sank. In revision of the current 32 CFR part 767 addition, associated contents such as DEPARTMENT OF DEFENSE and incorporates existing regulations equipment, cargo, and the remains and together with the expanded authority personal effects of the crew and Department of the Navy provided to the Secretary of the Navy by passengers are also protected if located the SMCA (Pub. L. 108–375, 10 U.S.C. within a craft’s debris field. It is [No. USN–2011–0016] 113 Note and 118 Stat. 2094–2098) in important to note that the SMCA is not RIN 0703–AA90 regards to permitting activities directed limited to historic sunken military craft at sunken military craft that are of the United States. All U.S. sunken 32 CFR Part 767 otherwise prohibited by the SMCA (10 military craft are covered, regardless of U.S.C. 1402(a)–1402(b)). The proposed location or time of loss, while all foreign Guidelines for Permitting rule replaces the current regulations and sunken military craft in U.S. waters, Archaeological Investigations and establishes a single permitting process consisting of U.S. internal waters, the Other Activities Directed at Sunken for members of the public wishing to U.S. territorial sea, and the U.S. Military Craft and Terrestrial Military engage in activities that disturb, remove, contiguous zone, are also afforded Craft Under the Jurisdiction of the or injure DoN sunken and terrestrial protection from disturbance by the Department of the Navy military craft for archaeological, SMCA. A permitting process may be AGENCY: Department of the Navy, DoD. historical, or educational purposes. As implemented by the Secretary of a ACTION: Proposed rule. per the limitations on application military department or the department expressed in (10 U.S.C. 1402(c)(1)), in which the Coast Guard is operating SUMMARY: The Department of the Navy section 1402 shall not apply to actions in order to permit activities directed at (DoN) is revising its rules to assist the taken by, or at the direction of, the sunken military craft that are otherwise Secretary in managing sunken military United States. prohibited.

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Sunken military craft are not only of located in U.S. waters that through and counting as a separate incident, may be historical importance to the Nation, under the terms of an agreement with liable for damages, and may suffer loss having served in all of its most critical the respective foreign state are included of their vessel and other equipment moments, but are also often war graves within NHHC’s management purview. associated with the violation. and memorials to the men and women Non-intrusive activities including The proposed revision to the rule who served aboard them. Many carry diving adjacent to or remotely codifies existing legislation and stated unexploded ordnance that can pose documenting sites do not require a public policy and does not carry a public safety hazards or oil and other permit or authorization from the NHHC significant burden of cost to the public. materials that, if not properly handled, though this does not preclude the With stricter enforcement provisions may cause substantial harm to the obligation to obtain permits or other acting as a deterrent and a management environment. Furthermore, many hold authorizations otherwise required by policy based on the principle of in situ state secrets and technologies of law. The regulations stipulate an preservation, the proposed rule makes significance to national security. application process for disturbance of the protection of war-related and other Therefore, it is important for these sites historic sunken military craft and maritime graves, the preservation of to be respected and remain undisturbed terrestrial military craft. Applicants historical resources, the proper handling and for the U.S. to promote the must meet certain requirements and of safety and environmental hazards, international law rules that sunken qualifications which are set forth in the and the safeguarding national security military craft are entitled to sovereign proposed rules in order to demonstrate interests more effective, efficient, and immunity and preservation of title. careful planning, professional affordable. At the same time, the When otherwise prohibited activities credentials, and a long-term view of the proposed rule enables the public to have are permitted, they must be conducted effects of the proposed activities on the controlled intrusive access to sites in a professional manner and with craft and any recovered material. otherwise prohibited from disturbance, archaeological, historical or educational The proposed rule also incorporates bringing to light new knowledge about purposes in mind. Accordingly, the provisions for a special use permit to be the Nation’s maritime heritage, and SMCA declares that the ‘‘law of finds’’ issued in the case of certain activities honoring the service of those Sailors lost does not apply to any U.S. sunken directed at sunken military craft that at sea. military craft or any foreign sunken would result in the wrecksite’s The revisions to this rule are part of military craft in U.S. waters. No salvage disturbance, removal, or injury but DoD’s retrospective plan under EO rights or awards are to be granted with otherwise be minimally intrusive. The 13563 completed in August 2011. DoD’s respect to U.S. sunken military craft standards that must be met for special full plan can be accessed at http:// without the express permission of the use permits are more easily attainable as exchange.regulations.gov/exchange/ U.S., or with respect to foreign sunken are the reporting requirements, though topic/eo-13563. military craft located in U.S. waters data collected must be shared with Background without the express permission of the NHHC. relevant foreign state. As more than half of the DoN’s The DoN is revising 32 CFR part 767 This proposed rule is promulgated sunken military craft rest beyond U.S. pursuant to the SMCA in order to based on the authority granted to the waters, the U.S. government has an implement a permitting system Secretary of the Navy by the SMCA to interest in reaching agreements with regulating research activities directed at establish a permitting program allowing foreign nations, and in particular the DoN sunken military craft that controlled public access to sunken major maritime powers, seeking otherwise are prohibited by the SMCA. military craft that is otherwise assurances that our sunken military The proposed rule also revises existing prohibited. As stewards of the DoN’s craft will be respected and protected regulations by incorporating those historic ship and aircraft wrecks, the and offering foreign nations reciprocal permitting provisions stemming from 5 Naval History & Heritage Command treatment. In order to encourage U.S.C. Chapter 301, 16 U.S.C. Chapter (NHHC) continues its role as the universal respect and such mutually- 470, and the SMCA into a single authority responsible for administering beneficial treatment of sunken military comprehensive set of rules for research this revised permitting program. As a craft, the Secretary of the Navy, in activities directed at sunken military result of the need to incorporate the consultation with the Secretary of State, craft and terrestrial military craft under existing regulations and provisions set may consider requests by foreign states the jurisdiction of the DoN, regardless of forth in the SMCA, the proposed rule to incorporate their military craft location or passage of time. Sunken adopts the definition of sunken military located in U.S. waters within the DoN military craft and terrestrial military craft present in the Act and develops a permitting program. The foreign state craft are non-renewable cultural counterpart—terrestrial military craft— must assert its sovereign immunity over resources that often serve as war-related to refer to DoN wrecked craft located on its craft, request assistance by the U.S. and other maritime graves, safeguard land that are either historic structures or government, and acknowledge the state secrets, carry environmental and archaeological sites. provisions that will apply to their safety hazards such as oil and ordnance, NHHC will serve as the permitting sunken military craft if incorporated and hold significant historical and authority for the disturbance of non- into the DoN permitting program. archaeological value. Access to these historic DoN sunken and terrestrial Following such a request and sites requires DoN oversight to ensure military craft and consider such appropriate consultation, an site preservation, the sanctity of war and applications in the cases where there is understanding to this effect may be other maritime graves, public safety, a clear demonstrable benefit to the DoN reached with that foreign state. and sound environmental stewardship. under the special use permit provisions. The final major provision of the In addition, DoN oversight ensures that Special use permits will only be issued proposed rule affects violations of the research carrying the potential to in cases when internal DoN SMCA or of the permitting program and disturb such sites is conducted to coordination does not result in any outlines penalties and enforcement professional standards under existing objection. Finally, the NHHC will also procedures. Violators may be punished laws and guidelines such as those of the serve as the permitting authority for by a fine not to exceed $100,000 per Federal Archaeology Program and the those foreign sunken military craft violation, with each day of a violation NHPA. The proposed rule allows for the

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incorporation of foreign sunken military Public Law 96–511, ‘‘Paperwork Subpart C—Enforcement Provisions for craft in this permitting system upon Reduction Act’’ (44 U.S.C. Chapter 35) Violations of the Sunken Military Craft Act request and agreement with the foreign and Associated Permit Conditions state. Furthermore, it identifies It has been certified that 32 CFR Part 767.16 Civil penalties for violations of Act penalties and enforcement procedures 767 does not impose any reporting or or permit conditions. to be followed in the event of violations recordkeeping requirements under the 767.17 Liability for damages. 767.18 Notice of Violation and Assessment to the proposed rule affecting sunken Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). (NOVA). military craft. The proposed rule will 767.19 Procedures regarding service. replace the existing section to reflect Federalism (Executive Order 13132) 767.20 Requirements of respondent or current agency regulations. Interested permit holder upon service of a NOVA. persons are invited to comment in It has been certified that 32 CFR Part 767.21 Hearings. writing on this amendment. All written 767 does not have federalism 767.22 Final administrative decision. comments received will be considered implications, as set forth in Executive 767.23 Payment of final assessment. in making the proposed amendments to Order 13132. This rule does not have 767.24 Compromise of civil penalty, substantial direct effects on: enforcement costs and/or liability for this part. It has been determined that damages. this proposed rule amendment is not a (1) The States; 767.25 Factors considered in assessing major rule within the criteria specified (2) The relationship between the penalties. in Executive Order 12866, as amended National Government and the States; or 767.26 Criminal law. by Executive Order 13258, and does not 767.27 References. have substantial impact on the public. (3) The distribution of power and responsibilities among the various Authority: 10 U.S.C. 113 note; Pub. L. Matters of Regulatory Procedure levels of government. 108–375, Title XIV, sections 1401 to 1408, Oct. 28, 2004, 118 Stat. 2094; 5 U.S.C. 301; Executive Order 12866, ‘‘Regulatory List of Subjects in 32 CFR Part 767 16 U.S.C. 470. Planning and Review’’ and Executive Evaluation of permit applications, Subpart A—Regulations and Order 13563, ‘‘Improving Regulation Historic sunken military craft and Obligations and Regulatory Review’’ terrestrial military craft site permits, It has been determined that 32 CFR Special use permits, Foreign sunken § 767.1 Purpose. Part 767 is not a significant regulatory military craft, Civil penalties, Liability The purpose of this part is: action. The rule does not: for damages, Enforcement actions, (a) To assist the Secretary in managing sunken military craft under the (1) have an annual effect on the Prohibited acts, Permit requirements. jurisdiction of the Department of the economy of $100 million or more or For the reasons set forth in the Navy (DoN) pursuant to the Sunken adversely affect in a material way the preamble, the Department of the Navy Military Craft Act (SMCA), 10 U.S.C. economy, a sector of the economy, proposes to revise 32 CFR part 767 to 113 note; Public Law 108–375, Title productivity, competition, jobs, the read as follows: XIV, sections 1401 to 1408, Oct. 28, environment, public health or safety, or 2004, 118 Stat. 2094, and to provide state, local, or tribal governments or PART 767—GUIDELINES FOR application rules for research permits on communities; ARCHAEOLOGICAL INVESTIGATION applicable military craft under the (2) create a serious inconsistency or PERMITS AND OTHER RESEARCH ON jurisdiction of the DoN. otherwise interfere with an action taken SUNKEN MILITARY CRAFT AND (b) To establish the procedural rules or planned by another agency; TERRESTRIAL MILITARY CRAFT for the issuance of permits authorizing UNDER THE JURISDICTION OF THE (3) materially alter the budgetary persons to engage in activities directed DEPARTMENT OF THE NAVY impact of entitlements, grants, user fees, at sunken military craft and terrestrial or loan programs, or the rights and Subpart A—Regulations and Obligations military craft under the jurisdiction of the DoN for archaeological, historical, or obligations of the recipients thereof; or Sec. educational purposes, when the (4) raise novel legal or policy issues 767.1 Purpose. proposed activities may disturb, arising out of legal mandates, the 767.2 [Reserved]. remove, or injure the sunken military President’s priorities, or the principles 767.3 Definitions. craft or terrestrial military craft. set forth in these Executive Orders. 767.4 Prohibited acts. 767.5 Policy. (c) To ensure DoN consistency with other applicable Federal laws. The Unfunded Mandates Reform Act (Sec. Subpart B—Permit Requirements 202, Pub. L. 104–4) Secretary is responsible for managing 767.6 Historic sunken military craft and DoN historic military craft, including It has been certified that 32 CFR Part terrestrial military craft permit those that also qualify as sunken application. 767 does not contain a Federal Mandate military craft, under the guidelines of that may result in the expenditure by 767.7 Evaluation of permit application. 767.8 Credentials of principal investigator. the Federal Archeology Program. In State, local, and tribal governments, in 767.9 Conditions of permits. order for the Secretary’s management aggregate, or by the private sector, of 767.10 Requests for amendments or policy to be consistent to the extent $100 million or more in any one year. extensions of active permits. practicable with the Federal Archeology Public Law 96–354, ‘‘Regulatory 767.11 Content of permit holder’s final Program, the NHPA (16 U.S.C. 470), report. Flexibility Act’’ (5 U.S.C. 601) Protection of Archaeological Resources: 767.12 Special use permit application. Uniform Regulations (32 CFR part 229), It has been certified that 32 CFR Part 767.13 Monitoring of performance. and Curation of Federally-Owned and 767.14 Amendment, suspension, or 767 is not subject to the Regulatory revocation of permits. Administered Archaeological Flexibility Act (5 U.S.C. 601) because it 767.15 Application to foreign sunken Collections (36 CFR part 79), the DoN would not, if promulgated, have a military craft and U.S. sunken military has implemented a permitting process significant economic impact on a craft not under the jurisdiction of the applicable to DoN historic military craft substantial number of small entities. DoN. consistent with and applying the

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Archaeological Resources Protection Act consequence of, a wrecking event and penalties or liability for damages. The (ARPA) of 1979 as amended, 16 U.S.C. post-depositional site formation Secretary’s designee for appeals of 470aa–mm, permitting criteria. The processes. An artifact field forms part of Notices of Violations is the Defense DoN’s application of ARPA’s permitting a debris field. Office of Hearings and Appeals (DOHA). criteria promotes consistency among Historic in the case of a sunken Secretary concerned means: federal agencies. The regulations military craft or a terrestrial military (1) The Secretary of a military provide qualified individuals and craft means fifty (50) years have elapsed department; entities with access to DoN historic since the date of its loss and/or the craft (2) In the case of a sunken Coast military craft for purposes consistent is listed on, eligible for, or potentially Guard military craft, the Secretary of the with ARPA and the SMCA. eligible for listing on the National Department in which the Coast Guard is (c) To set forth the procedures Register of Historic Places. operating. governing administrative proceedings Historic structure means a structure Sunken Military Craft means all or for assessment of civil penalties or made up of interdependent and any portion of— liability damages in the case of a sunken interrelated parts in a definite pattern or (1) Any sunken warship, naval military craft permit violation or organization that has been deemed auxiliary, or other vessel that was violation of section 1402 of the SMCA. historic. Constructed by man, it is often owned or operated by a government on an engineering project large in scale. If military noncommercial service when it § 767.2 [Reserved] a historic structure has lost its historic sank; (2) Any sunken military aircraft or § 767.3 Definitions. configuration or pattern of organization through deterioration or demolition, it is military spacecraft that was owned or Agency means the Department of the considered an archaeological site. A operated by a government when it sank; Navy. historic sunken military craft or (3) The associated contents of a craft Archaeological site means the place or terrestrial military craft is a historic referred to in paragraph (1) or (2) of this places where the remnants of a past structure when it is relatively intact and definition; culture survive in a physical context when it and its location retain (4) Any craft referred to in paragraph that allows for the interpretation of historical, architectural, or associative (1) or (2) of this definition which may these remains. A historic sunken value. now be on land or in water, if title military craft or a terrestrial military Injure or injury means to inflict thereto has not been abandoned or craft is considered an archaeological site material damage on or impair the transferred by the government when it lacks the structural integrity of soundness of any portion of a sunken concerned. an intact craft and when its wrecksite military craft or terrestrial military craft. Sunken Military Craft Act refers to the retains archaeological or historical Permit holder means any person provisions of 10 U.S.C. 113 note; Pub.L. value. authorized and given the right by the 108–375, Title XIV, sections 1401 to Artifact means any portion of a Naval History and Heritage Command 1408, Oct. 28, 2004, 118 Stat. 2094. sunken military craft or terrestrial (NHHC) to conduct activities authorized Terrestrial military craft means the military craft that by itself or through its under these regulations. physical remains of all or any portion of relationship to another object or Permitted activity means any activity a historic ship, aircraft, spacecraft, or assemblage of objects, regardless of age, that is authorized by the NHHC under other craft, intact or otherwise, manned whether in situ or not, may carry the regulations in this part. or unmanned, along with all associated archaeological or historical data that Person means an individual, contents, located on land and under the yields or is likely to yield information corporation, partnership, trust, jurisdiction of the DoN. Terrestrial that contributes to the understanding of institution, association; or any other military craft sites are classified as culture or human history. private entity, or any officer, employee, either historic structures or Associated Contents means: agent, instrumentality, or political archaeological sites and are (1) The equipment, cargo, and subdivision of the United States. distinguished from sunken military craft contents of a sunken military craft or Possession or in possession of means by never having sunk in a body of water. terrestrial military craft that are within having physical custody or control over United States Contiguous Zone means its debris field; and any portion of a sunken military craft or the contiguous zone of the United States (2) The remains and personal effects terrestrial military craft. declared by Presidential Proclamation of the crew and passengers of a sunken Remove or removal means to move or 7219, dated September 2, 1999. military craft or terrestrial military craft relocate any portion of a sunken Accordingly, the contiguous zone of the that are within its debris field. military craft or terrestrial military craft United States extends to 24 nautical Disturb or Disturbance means directly by lifting, pulling, pushing, detaching, miles from the baselines of the United or indirectly affecting the physical extracting, or taking away or off. States determined in accordance with condition of any portion of a sunken Respondent means a vessel or person international law, but in no case within military craft or terrestrial military craft, subject to a civil penalty, enforcement the territorial sea of another nation. altering the position or arrangement of costs and/or liability for damages based United States Internal Waters means any portion of a sunken military craft or on an alleged violation of this part or a all waters of the United States on the terrestrial military craft, or influencing permit issued under this part. landward side of the baseline from the wrecksite or its immediate Secretary means the Secretary of the which the breadth of the United States environment in such a way that any Navy or his or her designee. The territorial sea is measured. portion of a craft’s physical condition is Director of the NHHC is the Secretary’s United States sunken military craft affected or its position or arrangement is designee for DoN ship and aircraft means all or any portion of a sunken altered. wreck historical and archaeological military craft owned or operated by the Debris field means an area, whether policy; the permitting of activities that United States. contiguous or non-contiguous, that disturb foreign sunken military craft in United States Territorial Sea means consists of portions of one or more U.S. waters and DoN sunken military the waters of the United States sunken military craft or terrestrial craft; the initiation of enforcement territorial sea claimed by and described military craft distributed due to, or as a actions; and, assessment of civil in Presidential Proclamation 5928,

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dated December 27, 1988. Accordingly, § 767.5 Policy. Advocate General of the Navy, the the territorial sea of the United States (a) As stewards of the DoN’s historic Office of the Chief of Naval Operations, extends to 12 nautical miles from the sunken military craft and wrecksites, or any other interested office. baselines of the United States the NHHC is responsible for managing (d) The NHHC will serve as the determined in accordance with these irreplaceable resources for the permitting authority for disturbance of international law. continued education and appreciation those foreign state sunken military craft United States Waters means United of present and future generations. To located in U.S. waters addressed in States internal waters, the United States ensure consistent and effective § 767.15 of this part. The NHHC, in territorial sea, and the United States stewardship, the NHHC has developed a consultation with the Department of contiguous zone. comprehensive program that State as appropriate, will make a Wrecksite means the location of a encompasses the following categories: reasonable effort to inform the sunken military craft or terrestrial preservation planning; wrecksite applicable agency of a foreign state of military craft. The craft may be intact, management; curation; and public the discovery or significant changes to scattered or completely deteriorated, information, interpretation, and the condition of its sunken military craft may presently be on land or in water, education. The NHHC strongly upon becoming aware of such and may be a historic structure or an encourages cooperation with other information. (e) The DoN recognizes that, in archaeological site. The wrecksite Department of Defense commands, accordance with section 1402(a)(3) of includes any physical remains of the Federal and State agencies, educational the Act, certain federal agencies have craft and all associated contents. institutions, and individuals interested statutory authority to permit specific in preserving DoN’s maritime and activities directed at DoN sunken § 767.4 Prohibited acts. aviation heritage. military craft. The NHHC will (a) Unauthorized activities directed at (b) Historic sunken military craft and coordinate, consult, and enter into sunken military craft or terrestrial terrestrial military craft will generally be military craft. No person shall engage in interagency agreements with those managed in place unless wrecksite federal agencies to ensure effective or attempt to engage in any activity disturbance, recovery, or injury is management of DoN sunken military directed at a sunken military craft or justified and necessary to protect the craft and compliance with applicable terrestrial military craft that disturbs, craft or the environment, to conduct law. removes, or injures any sunken military research, or provide for public (f) Notwithstanding any other section craft or terrestrial military craft, education. While the NHHC prefers of this part, no act by the owner of a except— non-destructive, in situ research on vessel, or authorized agent of the owner (1) As authorized by a permit issued sunken military craft and terrestrial of a vessel, under a time charter, voyage pursuant to these regulations; military craft, it recognizes that charter, or demise charter to the DoN (2) As otherwise authorized by these wrecksite disturbance, removal, or and operated on military service at the regulations; or injury may become necessary or time of its sinking, provided that the (3) As otherwise authorized by law. appropriate. At such times, wrecksite sunken military craft is not considered (b) Possession of sunken military craft disturbance, removal, or injury may be historic as determined by the NHHC, or terrestrial military craft. No person permitted by the NHHC with respect to shall be prohibited by, nor require a may possess, disturb, remove, or injure DoN sunken military craft for permit under, the SMCA or these any sunken military craft or terrestrial archaeological, historical, or educational regulations. This paragraph (f) shall not military craft in violation, where purposes, subject to conditions set forth be construed to otherwise affect any applicable, of— in accordance with these regulations. right or remedy of the United States (1) Section 1402 of the SMCA; or Historic shipwrecks under the existing at law, in equity, or otherwise, (2) Any regulation set forth in this jurisdiction of the DoN that do not in regard to any such sunken military part or any permit issued under it; or qualify as sunken military craft are to be craft, in regard to cargo owned by the provided the same consideration and (3) Any prohibition, rule, regulation, United States on board or associated treatment as terrestrial military craft. ordinance, or permit that applies under with any such craft, or in regard to other (c) In addition to managing historic any other applicable law. property or contents owned by the sunken military craft and terrestrial United States on board or associated (c) Limitations on Application. military craft, the NHHC will serve as with any such sunken military craft. Prohibitions in section 1402 of the the permitting authority for the (g) The NHHC reserves the right to SMCA shall not apply to— disturbance of non-historic DoN sunken deny an applicant a permit if the (1) Actions taken by, or at the military craft. Permit applications will proposed activity does not meet the direction of, the United States. only be issued in instances where there permit application requirements; is (2) Any action by a person who is not is a clear demonstrable benefit to the inconsistent with DoN policy or a citizen, national, or resident alien of DoN, and only special use permits can interests; does not serve the best the United States, except in accordance be issued in the case of non-historic interests of the sunken military craft or with— sunken military craft. In such instances, terrestrial military craft in question; in (i) Generally recognized principles of prior to issuing a special use permit, the the case of foreign sunken military craft, international law; NHHC will consult with appropriate is inconsistent with the desires of a (ii) An agreement between the United DoN offices within affected commands foreign sovereign; is inconsistent with States and the foreign country of which or offices, including, but not limited to, an existing resource management plan; the person is a citizen; the Naval Sea Systems Command, Naval is directed towards a sunken military (iii) In the case of an individual who Air Systems Command, Space and craft or terrestrial military craft upon is a crew member or other individual on Naval Warfare Systems Command, which other activities are being a foreign vessel or foreign aircraft, an Naval Supply Systems Command, Naval considered or have been authorized; agreement between the United States Facilities Engineering Command, Navy will be undertaken in such a manner as and the flag State of the foreign vessel Personnel Command, Supervisor of will not permit the applicant to meet or aircraft that applies to the individual. Salvage and Diving, Office of the Judge final report requirements; raises ethical

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conduct concerns or concerns over terrestrial military craft and the related named repository must, at a minimum, commercial exploitation; raises physical environment; meet the standards set forth in 36 CFR concerns over national security, foreign (4) A discussion of the methodology part 79, Curation of Federally-Owned policy, environmental or ordnance planned to accomplish the project’s and Administered Archaeological issues; or out of respect for any human objectives. This should include a map Collections as per § 767.9(h) of this part. remains that may be associated with a showing the study location(s) and a (iv) Acknowledgement that the wrecksite. The NHHC also reserves the description of the wrecksite(s) of applicant is responsible for all right to deny an applicant a permit if the particular interest; conservation-related and long-term applicant has not fulfilled requirements (5) An analysis of the extent and curation costs. associated with preceding permits nature of potential environmental (11) A proposed project timetable to issued by NHHC to the applicant. impacts from permitted activities and incorporate all phases of the project any associated permits or authorizations through to the final report and/or any Subpart B—Permit Requirements required by foreign, federal, state, or other project-related activities. local law; (e) If the applicant believes that § 767.6 Historic sunken military craft and (6) A detailed plan for wrecksite compliance with one or more of the terrestrial military craft permit application. restoration and remediation with factors, criteria, or procedures in the (a) Any person seeking to engage in an recommendations on wrecksite regulations contained in this part are activity otherwise prohibited by section preservation and protection of the not practicable, the applicant should set 1402 of the SMCA with respect to a wrecksite location; forth why and explain how the purposes historic sunken military craft or any (7) In addition to identification and of the SMCA (if applicable), these activity that might affect a terrestrial qualifications of the Principal regulations, and the policies of the DoN military craft under the jurisdiction of Investigator (PI), required by Sec. 767.8 are better served without compliance the DoN shall apply for a permit for the of this part, identification of all other with the specified requirements. If the proposed activity and shall not begin members of the research team and their NHHC determines there is merit in the the proposed activity until a permit has qualifications. Changes to the primary request and that full compliance is not been issued. The Secretary or his research team subsequent to the required to meet these priorities, the designee may issue a permit to any issuance of a permit must be authorized NHHC will provide a written waiver to qualified person, in accordance with via a permit amendment request as per the applicant stipulating which factors, these regulations, subject to appropriate § 767.10(a) of this part; criteria, or procedures may be foregone terms and conditions. (8) A proposed budget, identification or amended. However, NHHC will not (b) To request a permit application of funding source, and sufficient data to waive statutory procedures or form, please write to: Department of the substantiate, to the satisfaction of the requirements. Navy, U.S. Naval History and Heritage NHHC, the applicant’s financial (f) Persons carrying out official NHHC Command, Underwater Archaeology capability to complete the proposed duties under the direction of the NHHC Branch, 805 Kidder Breese St. SE., research and, if applicable, any Director, or his/her designee, or Washington Navy Yard, Washington, DC conservation and curation costs conducting activities at the direction of 20374–5060. Application forms and associated with or resulting from that or in coordination with the NHHC as guidelines can also be found on the activity; recognized through express written NHHC’s Web site at: (9) A proposed plan for the public permission by the NHHC Director, or www.history.navy.mil. interpretation and professional his/her designee, need not follow the (c) Applicants must submit two dissemination of the proposed activity’s permit application procedures set forth printed copies of their completed results; in this section and §§ 767.7 and 767.9 to application, as well as a digital version, (10) Where the application is for the 767.12 of this part if those duties or at least 120 days in advance of the excavation and/or removal of artifacts activities are associated with the requested effective date to allow from a sunken military craft or management of archaeological sufficient time for evaluation and terrestrial military craft, or for the resources. Where appropriate, such processing. Completed applications excavation and/or removal of a sunken persons will coordinate with Federal should be sent to the Department of the military craft or terrestrial military craft Land Managers, the Bureau of Ocean Navy, U.S. Naval History and Heritage in its entirety: Energy Management, and/or State Command, Underwater Archaeology (i) A conservation plan, estimated Historic Preservation Offices prior to Branch, 805 Kidder Breese St. SE., cost, and the name of the university, engaging in the aforementioned Washington Navy Yard, Washington, DC museum, laboratory, or other scientific activities. The NHHC Director, or his/ 20374–5060. or educational institution in which the her designee, shall ensure that the material will be conserved, including (d) Each permit application shall provisions of §§ 767.6(d), 767.8, and written certification, signed by an include: 767.11 of this part have been met by authorized official of the institution, of other documented means consistent (1) A statement of research objectives, willingness to assume conservation with the Federal Archeology Program scientific methods, and significance of responsibilities must be included. and, that such documents and all the proposed work to the U.S. Navy or (ii) A plan for applicable post- resulting data will be archived within the nation’s maritime cultural heritage. fieldwork artifact analysis, including an the NHHC. This should include discussion associated timetable. articulating clearly the archaeological, (iii) The name of the facility in which § 767.7 Evaluation of permit application. historical, or educational purposes of the recovered materials and copies of (a) Permit applications are reviewed the proposed activity; associated records derived from the for completeness, compliance with (2) A summary of significant previous work will be preserved. This will program policies, and adherence to the work in the area of interest; include written certification, signed by regulations of this subpart. Incomplete (3) A discussion of how the proposed an authorized official of the institution, applications will be returned to the activity could disturb, remove, or injure of willingness to assume curatorial applicant for clarification. Complete the sunken military craft or the responsibilities for the collection. The applications are reviewed by NHHC

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personnel who, when appropriate, may The applicant must file a copy of the archaeological or other technical reports seek outside guidance or peer reviews. foreign government authorization with in a timely manner. In addition to the criteria set forth in the NHHC when submitting the §§ 767.6(d) and 767.8 of this part, preliminary report stipulated in § 767.9 Conditions of permits. applications are also judged on the basis § 767.9(d) of this part and final report (a) Permits are valid for one year from of: project objectives being consistent stipulated in § 767.9(f) of this part. the date of issue. with DoN policy and the near- and long- Failure to do so will be considered a (b) Upon receipt of a permit, permit term interests of the DoN; relevance or permit violation. holders shall counter-sign the permit and return copies to the NHHC and the importance of the proposed project; (e) Based on the findings of the NHHC applicable SHPO, THPO, or foreign archaeological, historical, or educational evaluation, NHHC personnel will government official prior to conducting purposes achieved; appropriateness and recommend an appropriate action to the permitted activities on the wrecksite. environmental consequences of NHHC Deputy Director. If approved, the technical approach; conservation and When the sunken military craft or NHHC Deputy Director, or his or her terrestrial military craft is located long-term management plan; designee, will issue the permit; if qualifications of the applicants relative within federal areas such as a unit of the denied, applicants are notified of the National Park System, the National to the type and scope of the work reason for denial and may request proposed; and funding to carry out Wildlife Refuge System, the National reconsideration within 30 days of Marine Sanctuary System, or Marine proposed activities. The NHHC will also receipt of the denial. Requests for take into consideration the historic, National Monuments, the permit holder reconsideration must be submitted in shall provide copies of countersigned cultural, or other concerns of a foreign writing to: Director of Naval History, state when considering an application to permits to the applicable federal Naval History and Heritage Command, resource manager. Upon NHHC disturb a foreign sunken military craft of 805 Kidder Breese St. SE., Washington that state located within U.S. waters, confirming receipt of the counter-signed Navy Yard, Washington DC 20374– permit, the permitted activities may subsequent to an agreement with the 5060. foreign state as per § 767.15 of this part. commence, provided that any other The same consideration may be applied § 767.8 Credentials of principal regulatory and permitting requirements to U.S. sunken military craft that are not investigator. that may be applicable are met. (c) Permits shall be carried on-site and under the jurisdiction of the DoN, The principal investigator shall be made available upon request for following an agreement with the suitably qualified as evidenced by inspection to regional preservation Secretary of any military department, or training, education, and/or experience, personnel or federal or state law in the case of the Coast Guard, the and possess demonstrable competence enforcement officials. Permits are non- Secretary of the Department in which in archaeological theory and method, transferable. Permit holders are the Coast Guard is operating, as set forth and in collecting, handling, analyzing, expected to remain on-site for the in § 767.15(e) of this part. evaluating, and reporting archaeological duration of operations prescribed in the (b) The NHHC will consult with the data, relative to the type and scope of permit. In the event a permit holder is appropriate federal resource manager the work proposed. A resume or unable to directly oversee operations, when it receives applications for curriculum vitae detailing the the permit holder must nominate a research at wrecksites located in areas professional qualifications of the suitable qualified representative who that include units of the National Park principal investigator must be submitted may only serve in that function upon System, National Wildlife Refuge with the permit application. System, National Marine Sanctuary written approval by NHHC. Additionally, the principal investigator (d) Permit holders must abide by all System, Marine National Monuments, will be required to attest that all persons within lease blocks managed by the provisions set forth in the permit as well on the project team shall be qualified as applicable state or federal Bureau of Ocean Energy Management, and have demonstrated competence or within areas of responsibility of other regulations. Permit holders must abide appropriate to their roles in the by applicable regulations of a foreign Federal Land Managers. proposed activity. The principal (c) The NHHC will consult with the government for activities directed at a investigator must, at a minimum, meet appropriate State Historic Preservation sunken military craft when the sunken the following requirements: Office (SHPO) or Tribal Historic military craft is located in the internal Preservation Office (THPO) when it (a) The minimum professional waters, territorial sea, or contiguous receives applications for research at qualification standards for Archeology zone of a foreign State, as defined by wrecksites located on state lands, as determined by the Secretary of the customary international law as reflected including lands beneath navigable Interior’s Standards and Guidelines for in the United Nations Convention on Archeology and Historic Preservation the Law of the Sea. If the sunken waters as defined in the Submerged _ (http://www.cr.nps.gov/local-law/arch military craft is located on the Lands Act, 43 U.S.C. 1301–1315, or _ tribal lands. stnds 0.htm). continental shelf of a foreign nation, (d) The applicant is responsible for (b) At least one year of full-time there may also be laws or regulations obtaining any and all additional permits professional supervisory experience in pertaining to the foreign nation’s or authorizations, such as but not the archaeological study of historic sovereign rights and jurisdiction relating limited to those issued by another maritime resources or historic aviation to its continental shelf or EEZ that may federal or state agency, or foreign resources. This experience requirement apply to the proposed activities. To the government. In the case of U.S. sunken may concurrently account for certain extent possible, if the physical military craft or terrestrial military craft stipulations of § 767.8(a); environment is impacted by the located within foreign jurisdictions, the (c) The demonstrated ability to plan, permitted activity, it must be returned NHHC may review and issue a equip, fund, staff, organize, and to the condition that existed before the conditional permit authorizing activities supervise the type and scope of activity activity occurred. upon receipt of the appropriate permits proposed; (e) Upon completion of permitted and authorizations of the applicable (d) If applicable, the demonstrated activities and at least 30 days prior to foreign government by the applicant. ability to submit post-operational the original permit expiring, the permit

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holder shall submit to the NHHC a Federally-Owned and Administered writing to the contact information preliminary report that includes a Archaeological Collections, at the included in the permit and will be working and diving log, the latter where expense of the applicant or facility, considered and expedited on a case-by- appropriate, listing days spent unless otherwise agreed upon in writing case basis. conducting field research, activities by the NHHC. The curatorial facility (b) Permit holders desiring to pursued, working area locations must establish a loan of resources continue research activities beyond the including precise coordinates, an agreement with the NHHC and maintain original permit expiration date must inventory of artifacts observed or it in good standing. If a loan of resources apply for an extension of a valid permit recovered, and preliminary results and agreement is not established, or at the prior to its expiration. A pending conclusions. discretion of the NHHC, resources are to extension request does not guarantee an (f) In the case of one or more permit be managed, conserved and curated extension of the original permit. All extensions received through the process directly by the NHHC at the expense of requests for a permit extension must be identified in § 767.10(b) of this part, a the applicant and at no cost to the sent to the Deputy Director, Naval preliminary report that includes all the government, unless otherwise agreed History and Heritage Command, 805 information stated in paragraph (d) of upon in writing by the NHHC. Copies of Kidder Breese St. SE., Washington Navy this section is to be submitted by the associated archaeological and Yard, Washington DC 20374–5060, at permit holder annually at least 30 days conservation records and data will be least 30 days prior to the original prior to the renewed permit’s expiration made available to the NHHC, and to the permit’s expiration date. Reference to date. applicable SHPO, THPO, the federal or the original application may be given in (g) The permit holder shall prepare state resource manager, or foreign lieu of a new application, provided the and submit a final report as detailed in government official upon request. scope of work does not change Sec. 767.11 of this part, summarizing (j) The disposition of foreign sunken significantly. Applicants may apply for the results of the permitted activity to military craft or associated contents one-year extensions subject to annual the NHHC, and the applicable SHPO, shall be determined on a case-by-case review. THPO, federal or state resource basis in coordination with the foreign (c) Permit holders may appeal denied manager, or foreign government official state prior to the issuance of a NHHC requests for amendments or extensions within an appropriate time frame as permit. to the appeal authority listed in specified in the permit. Failure to (k) In the event that credible evidence § 767.7(e) of this part. submit a final report within the for or actual human remains, specified time-frame will be considered § 767.11 Content of permit holder’s final unexploded ordnance, or environmental report. a permit violation. If the final report is pollutants such as oil are discovered The permit holder’s final report shall not due to be submitted within two during the course of research, the permit at minimum include the following: years of commencement of a permitted holder shall cease all work and activity, interim reports must be filed (a) A wrecksite history and a immediately notify the NHHC. contextual history relating the wrecksite biannually, with the first interim report Permitted work may not resume until submitted within two years of to the general history of the region; authorized by the NHHC. (b) A master wrecksite map; commencement of the activity. The (l) The permittee shall purchase and (c) Feature map(s) of any recovered interim report must include information maintain comprehensive general artifacts showing their position within required by § 767.11 of this part to the liability insurance, or post an equivalent the wrecksite; maximum extent possible, a report on bond, against claims arising out of (d) Where environmental conditions the progress that has been achieved to activities conducted under the permit allow, photographs of significant date, as well as the remaining objectives and agrees to hold the United States wrecksite features and significant to be accomplished until submission of harmless against such claims. artifacts both in situ and after removal; the final report. (e) If applicable, a section that (h) The permit holder shall agree to § 767.10 Requests for amendments or extensions of active permits. includes an inventory of recovered protect all sensitive information artifacts, description of the conserved (a) Requests for amendments to active regarding the location and character of artifacts, laboratory conservation permits (e.g., a change in study design the wrecksite that could potentially records, documentation of analyses expose it to non-professional recovery or research personnel) must conform to undertaken, photographs of the artifacts techniques, looters, or unauthorized the regulations in this part. All before and after conservation treatment, salvage. Sensitive information includes information deemed necessary by the and recommended curation conditions; specific location data and information NHHC to make an objective evaluation (f) A written report describing the about the cargo of a sunken military of the amendment must be included as wrecksite’s discovery, environment, craft or terrestrial military craft, the well as reference to the original past and current archaeological existence of armaments and munitions, application. Requests for amendments fieldwork, results, and analysis; or the presence of or potential presence must be sent to the Deputy Director, (g) A summary of the survey and/or of human remains. Sensitive cargo Naval History and Heritage Command, excavation process including methods might also include hazardous materials 805 Kidder Breese St. SE., Washington and techniques employed, an account of other than munitions. Navy Yard, Washington DC 20374– operational phases, copies of applicable (i) All recovered DoN sunken military 5060. A pending amendment request logs, as well as thorough analysis of the craft, terrestrial military craft, and their does not guarantee approval. Proposed recovered data. associated contents, remain the property activities cannot commence until (h) An evaluation of the completed of the United States. These resources approval is granted. All requests for permitted activity that includes an and copies of associated archaeological permit amendments must be submitted assessment of the success of the goals records and data must be preserved by during the period within which an specified in the permit application; a suitable university, museum, or other existing permit is active and at least 30 (i) Recommendations for future scientific or educational institution that, days prior to the desired effect date of activities, if applicable. at a minimum, meets the standards set the amendment. Time-sensitive (j) An account of how the public forth in 36 CFR part 79, Curation of amendments must be submitted in interpretation or dissemination plan

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described in the permit application has (1) The proposed activity is permitted activity. The discovery of any been or is being carried out. compatible with NHHC policies and in potential irregularities in performance Additionally, identification of any the case of non-historic sunken military under the permit by NHHC on-site sensitive information that should be craft is not opposed by consulted DoN personnel, other designated authorities, protected and withheld from public parties; or the permit holder, must be promptly disclosure as detailed in § 767.9(g) of (2) The activities carried out under reported to the NHHC for appropriate this part; and the permit are conducted in a manner action. Adverse action may ensue as per (k) If a wrecksite is deemed by the that is minimally intrusive and does not § 767.14 of this part. Findings of NHHC to be eligible or potentially purposefully or significantly disturb, unauthorized activities will be taken eligible for the National Register of destroy or injure the sunken military into consideration when evaluating Historic Places then a completed draft craft or wrecksite; future permit applications. National Register of Historic Places (3) When applicable, the pilot(s) of nomination form must be attached as an remotely-operated equipment holds a § 767.14 Amendment, suspension, or revocation of permits. appendix to the final report. The commercial certificate of operation from eligibility determination will be made a nationally-recognized organization; The NHHC Deputy Director, or his/ by the NHHC upon review of the (4) The principal investigator must her designee may amend, suspend, or preliminary report that is to be hold a graduate degree in archaeology, revoke a permit in whole or in part, submitted by the permit holder. anthropology, maritime history, temporarily or indefinitely, if in his/her oceanography, marine biology, marine view the permit holder has acted in § 767.12 Special use permit application. geology, other marine science, closely violation of the terms of the permit or (a) Any person proposing to engage in related field, or possess equivalent of other applicable regulations, or for an activity to document a sunken training and experience. This other good cause shown. Any such military craft utilizing remotely- requirement may be waived by the action will be communicated in writing operated or autonomously-operated NHHC on a case by case basis to the permit holder or the permit equipment or collect data or samples depending on the activity stipulated in holder’s representative and will set forth from a wrecksite that would result in the application. the reason for the action taken. The the wrecksite’s disturbance but (e) The permittee shall submit the permit holder may request the Director otherwise be minimally intrusive may following information subsequent to the of NHHC reconsider the action as per apply for a special use permit. Any conclusion of the permitted activity § 767.7(e) of this part. person proposing to engage in an within an appropriate time frame as activity that would disturb, remove, or § 767.15 Application to foreign sunken specified in the permit: military craft and U.S. sunken military craft injure a non-historic sunken military (1) A summary of the activities not under the jurisdiction of the DoN. craft may apply for a special use permit. undertaken that includes an assessment (b) To request a special use permit of the goals specified in the permit (a) Sunken military craft are generally application form, please refer to application; entitled to sovereign immunity § 767.6(b) and (c) of this part. Special (2) Identification of any sensitive regardless of where they are located or use permit applications must be sent to information that should be protected when they sank. Foreign governments the Deputy Director, Naval History and and withheld from public disclosure as may request, via the Department of Heritage Command, 805 Kidder Breese detailed in § 767.9(g) of this part; State, that the Secretary of the Navy St. SE., Washington Navy Yard, (3) Complete and unedited copies of administer a permitting program for a Washington DC 20374–5060. any and all documentation and data specific or a group of its sunken military (c) Each special use permit collected (photographs, video, remote craft in U.S. waters. The request must application shall include: sensing data, etc.) during the permitted include the following: (1) A statement of the project’s activity and results of any subsequent (1) The foreign government must objectives and an explanation on how analyses. assert its sovereign immunity over a they would serve the NHHC’s objectives (f) The following additional sections specified sunken military craft or group stated in § 767.5 of this part; of subpart B shall apply to special use of sunken military craft; (2) A discussion of the methodology permits: §§ 767.7(e); 767.9(a), (b), (c), (2) The foreign government must planned to accomplish the project’s (e), (f), (g), (I,) (j), and (k); 767.10(a), (b), request assistance from the United objectives. This should include a map and (c); 767.13; and 767.14 of this part. States government; showing the study location(s) and a (g) All sections of subpart A shall (3) The foreign government must description of the wrecksite(s) of apply to special use permits and all acknowledge that Subparts B and C of particular interest; sections of subpart C shall apply to this Part will apply to the specified (3) An analysis of the extent and special use permits pertaining to sunken sunken military craft or group of sunken nature of potential direct or indirect military craft. military craft for which the request is environmental impacts on the resources (h) Unless stipulated in the special submitted. from permitted activities; use permit, the recovery of artifacts (b) Upon receipt and favorable review (4) Where appropriate, a plan for associated with any wrecksite is strictly of a request from a foreign government, wrecksite restoration and remediation prohibited. the Secretary of the Navy, or his or her with recommendations on wrecksite designee, in consultation with the preservation and protection of the § 767.13 Monitoring of performance. Department of State, will proceed to wrecksite location; Permitted activities will be monitored accept the specified sunken military (5) Any permits or authorizations to ensure compliance with the craft or group of sunken military craft required by foreign, federal, state, tribal, conditions of the permit. In addition to into the present permitting program. or local law. remotely monitoring operations, NHHC The Secretary of the Navy, or his or her (d) The NHHC Deputy Director, or his personnel, or other designated designee, in consultation with the or her designee, may authorize a special authorities, may periodically assess Department of State, reserves the right use permit under the following work in progress through on-site to decline a request by the foreign conditions: monitoring at the location of the government. Should there be a need to

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formalize an understanding with the § 767.17 Liability for damages. allowed to present information in foreign government in response to a (a) Any person who engages in an person. submitted request stipulating conditions activity in violation of section 1402 or § 767.19 Procedures regarding service. such as responsibilities, requirements, any regulation or permit issued under procedures, and length of effect, the the Act that disturbs, removes, or (a) Whenever this Part requires service of a document, such service may Secretary of State, or his or her injures any U.S. sunken military craft effectively be made on the respondent, designee, in consultation with the shall pay the United States enforcement the respondent’s agent for service of Secretary of Defense, or his or her costs and damages resulting from such process or on a representative designee, will proceed to formalize an disturbance, removal, or injury. designated by that agent for receipt of understanding with the foreign (b) Damages referred to in paragraph service. Refusal by the respondent, the government. Any views on such a (a) of this section may include: foreign government request or respondent’s agent, or other designated (1) The reasonable costs incurred in representative to be served, or refusal by understanding expressed by applicable storage, restoration, care, maintenance, federal, tribal, and state agencies will be his or her designated representative of conservation, and curation of any service of a document will be taken into account. sunken military craft that is disturbed, (c) Persons seeking a permit to disturb considered effective service of the removed, or injured in violation of document as of the date of such refusal. foreign sunken military craft located in section 1402 or any regulation or permit U.S. waters that have been accepted into Service will be considered effective on issued under the Act; and the date the document is mailed to an the present permitting program or are (2) The cost of retrieving, from the site covered under a formalized addressee’s last known address. where the sunken military craft was (b) Any document served upon a undertanding as per Sec. 767.15(b) of disturbed, removed, or injured, any respondent must be signed by: this section, may submit a permit information of an archaeological, (1) The person or persons serving the application for consideration by the historical, or cultural nature. same; or NHHC as per subparts B and C of this (2) Other person having authority to part. § 767.18 Notice of Violation and sign. (d) In the case where there is Assessment (NOVA). (c) A document will be considered reasonable dispute over the sovereign (a) A NOVA will be issued by the served and/or filed as of the date of the immunity status of a foreign sunken Director of NHHC and served in person postmark; or (if not mailed) as of the military craft, the Secretary of the Navy or by registered, certified, return receipt date actually delivered in person; or as maintains the right to postpone action requested, or express mail, or by shown by electronic mail transmission. on §§ 767.6 and 767.12 of this part, as commercial express package service, (d) Time periods begin to run on the well as requests under § 767.15(a) of this upon the respondent, or in the case of day following service of the document part, until the dispute over the a vessel respondent, the owner of the or date of the event. Saturdays, sovereign immunity status is resolved. vessel. A copy of the NOVA will be Sundays, and Federal holidays will be (e) The Secretary of any military similarly served upon the permit holder, included in computing such time, department or in the case of the Coast if the holder is not the respondent. The except that when such time expires on Guard, the Secretary of the Department NOVA will contain: a Saturday, Sunday, or Federal holiday, in which the Coast Guard is operating, (1) A concise statement of the facts such period will be extended to include may request that the Secretary of the believed to show a violation; the next business day. This method of Navy administer a permitting program (2) A specific reference to the computing time periods also applies to for sunken military craft under his or provision(s) of the SMCA, regulation, or any act, such as paying a civil penalty her cognizance. Upon the agreement of permit violated; or liability for damages, required by this the Secretary of the Navy, subparts B (3) The findings and conclusions part to take place within a specified and C of this part shall apply to those upon which the Director of NHHC bases period of time. agreed upon craft. the assessment; § 767.20 Requirements of respondent or (4) The amount of civil penalty, Subpart C—Enforcement Provisions permit holder upon service of a NOVA. enforcement costs and/or liability for for Violations of the Sunken Military damages assessed; and (a) The respondent or permit holder Craft Act and Associated Permit has 45 days from service receipt of the (5) An advisement of the respondent’s Conditions NOVA in which to reply. During this rights upon receipt of the NOVA, time the respondent or permit holder including a citation to the regulations § 767.16 Civil penalties for violation of Act may: or permit conditions. governing the proceedings. (1) Accept the penalty or compromise (a) In general. Any person who (b) The NOVA may also contain a penalty, if any, by taking the actions violates the SMCA, or any regulation or proposal for compromise or settlement specified in the NOVA; permit issued thereunder, shall be liable of the case. (2) Seek to have the NOVA amended, to the United States for a civil penalty. (c) Prior to assessing a civil penalty or modified, or rescinded under paragraph (b) Assessment and amount. The liability for damages, the Director of (b) of this section; Secretary may assess a civil penalty NHHC will take into account (3) Request a hearing before a DOHA under this section of not more than information available to the Agency Administrative Judge under paragraph $100,000 for each violation. concerning any factor to be considered (f) of this section; (c) Continuing violations. Each day of under the SMCA and any other (4) Request an extension of time to a continuing violation of the SMCA or information required by law or in the respond under paragraph (c) of this these regulations or any permit issued interests of justice. The respondent will section; or hereunder constitutes a separate have the opportunity to review (5) Take no action, in which case the violation. information considered and present NOVA becomes final in accordance (d) In rem liability. A vessel used to information, in writing, to the Director with § 767.22(a) of this part. violate the SMCA shall be liable in rem of NHHC. At the discretion of the (b) The respondent or permit holder for a penalty for such violation. Director of NHHC, a respondent will be may seek amendment, modification, or

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rescindment of the NOVA to conform to § 767.22 Final administrative decision. gravity of the alleged violation; the the facts or law as that person sees them If no request for a hearing is timely respondent’s degree of culpability; any by notifying the Director of NHHC in filed as provided in § 767.20(f) of this history of prior offenses; ability to pay; writing at the address specified in the part, the NOVA becomes effective as the and such other matters as justice may NOVA. If amendment or modification is final administrative decision and order require. sought, the Director of NHHC will either of the Agency on the 45th day after (b) The Director of NHHC may, in amend the NOVA or decline to amend service of the NOVA or on the last day consideration of a respondent’s ability it, and so notify the respondent, permit of any delay period granted. to pay, increase or decrease a penalty holder, or vessel owner, as appropriate. from an amount that would otherwise § 767.23 Payment of final assessment. be warranted by other relevant factors. (c) The respondent or permit holder (a) Respondent must make full A penalty may be increased if a may, within the 45-day period specified payment of the civil penalty, respondent’s ability to pay is such that in paragraph (a) of this section, request enforcement costs and/or liability for a higher penalty is necessary to deter in writing an extension of time to damages assessed within 30 days of the future violations, or for commercial respond. The Director of NHHC may date upon which the assessment violators, to make a penalty more than grant an extension in writing of up to 30 becomes effective as the final the profits received from acting in days unless he or she determines that administrative decision and order of the violation of the SMCA, or any regulation the requester could, exercising Agency. Payment must be made by or permit issued thereunder. A penalty reasonable diligence, respond within mailing or delivering to the Agency at may be decreased if the respondent the 45-day period. the address specified in the NOVA a establishes that he or she is unable to (d) The Director of NHHC may, for check or money order made payable in pay an otherwise appropriate penalty good cause, grant an additional U.S. currency in the amount of the amount. extension beyond the 30-day period assessment to the ‘‘Treasurer of the (c) Except as provided in paragraph specified in paragraph (c) of this United States,’’ or as otherwise directed. (d) of this section, if a respondent section. (b) Upon any failure to pay the civil asserts that a penalty should be reduced penalty, enforcement costs and/or because of an inability to pay, the (e) Any denial, in whole or in part, of respondent has the burden of proving any request under this section that is liability for damages assessed, the Agency may request the Department of such inability by providing verifiable, based upon untimeliness will be in complete, and accurate financial writing. Justice to recover the amount assessed in any appropriate district court of the information to the Director of NHHC. (f) If the respondent or permit holder United States, or may act under any law The Director of NHHC will not consider desires a hearing, the request must be in or statute that permits recovery, arrest, a respondent’s inability to pay unless writing, dated and signed, and must be attachment, or garnishment of property the respondent, upon request, submits sent by mail to the Director, Defense and/or funds to satisfy a debt owed to such financial information as the Office of Hearings and Appeals, 875 the United States. Director of NHHC determines is North Randolph St., Suite 8000, adequate to evaluate the respondent’s Arlington VA, 22203. The Director, § 767.24 Compromise of civil penalty, financial condition. Depending on the Defense Office of Hearings and Appeals enforcement costs and/or liability for circumstances of the case, the Director may, at his or her discretion, treat any damages. of NHHC may require the respondent to communication from a respondent or a (a) The Director of NHHC, in his/her complete a financial information request permit holder as a proper request for a sole discretion, may compromise, form, answer written interrogatories, or hearing. The requester must attach a modify, remit, or mitigate, with or submit independent verification of his copy of the NOVA. A single hearing will without conditions, any civil penalty or or her financial information. If the be held for all parties named in a NOVA liability for damages imposed, or which respondent does not submit the and who timely request a hearing. is subject to imposition, except as requested financial information, he or provided in this Subpart. she will be presumed to have the ability § 767.21 Hearings. (b) The compromise authority of the to pay the penalty. (1) Financial information relevant to a (a) Hearings before a DOHA Director of NHHC under this section is in addition to any similar authority respondent’s ability to pay includes, but Administrative Judge are de novo is not limited to, the value of reviews of the circumstances alleged in provided in any applicable statute or regulation, and may be exercised either respondent’s cash and liquid assets and the NOVA and penalties assessed. non-liquid assets, ability to borrow, net Hearings are governed by procedures upon the initiative of the Director of NHHC or in response to a request by the worth, liabilities, income, prior and established by the Defense Office of anticipated profits, expected cash flow, Hearings and Appeals. Hearing respondent or other interested person. Any such request should be sent to the and the respondent’s ability to pay in procedures will be provided in writing installments over time. A respondent to the parties and may be accessed on- Director of NHHC at the address specified in the NOVA. will be considered able to pay a penalty line at even if he or she must take such actions http://www.dod.mil/dodgc/doha/. (c) Neither the existence of the compromise authority of the Director of as pay in installments over time, borrow Hearings shall be held at the Defense money, liquidate assets, or reorganize Office of Hearings and Appeals, NHHC under this section nor the Director’s exercise thereof at any time his or her business. The Director of Arlington VA, either in person or by NHHC’s consideration of a respondent’s Video Teleconference. Each party shall changes the date upon which an assessment is final or payable. ability to pay does not preclude an bear their own costs. assessment of a penalty in an amount (b) In any DOHA hearing held in § 767.25 Factors considered in assessing that would cause or contribute to the response to a request under § 767.20(f) penalties. bankruptcy or other discontinuation of of this part, the Administrative Judge (a) Factors to be taken into account in the respondent’s business. will render a final written Decision assessing a penalty may include the (2) Financial information regarding which is binding on all parties. nature, circumstances, extent, and respondent’s ability to pay should be

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submitted to the Director of NHHC as (Protection and Enhancement of the today’s Federal Register we are also soon after receipt of the NOVA as Cultural Environment). withdrawing the corresponding direct possible. In deciding whether to submit (h) Department of Defense Instruction final approval. We find that no further such information, the respondent 4140.21M (DoDI 4140.21M, August action is necessary on the Texas should keep in mind that the Director of 1998). Subject: Defense Disposal FutureGen Program March 9, 2006 and NHHC may assess de novo a civil Manual. July 2, 2010 SIP revisions. The State’s penalty, enforcement costs and/or (i) Secretary of the Navy Instruction action also withdraws from EPA’s liability for damages either greater or 4000.35A (SECNAVINST 4000.35A, 9 review the FutureGen Program smaller than that assessed in the NOVA. April 2001). Subject: Department of the component of the January 22, 2010 Navy Cultural Resources Program. Consent Decree between EPA and the § 767.26 Criminal law. (j) Naval History and Heritage BCCA Appeal Group, Texas Association Nothing in these regulations is Command Instruction 5510.4. of Business, and Texas Oil and Gas intended to prevent the United States (NAVHISTCENINST 5510.4, 14 Association. This withdrawal is being from pursuing criminal sanctions for December 1995). Subject: Disclosure of taken under section 110 and parts C and plundering of wrecks, larceny of Information from the Naval Shipwreck D of the Federal Clean Air Act. Government property, or violation of Database. DATES: The proposed rule published on applicable criminal law, whether the N.A. Hagerty-Ford, November 21, 2013 (78 FR 69812) is infringement pertains to a sunken withdrawn as of January 6, 2014. military craft, a terrestrial military craft Commander, Office of the Judge Advocate FOR FURTHER INFORMATION CONTACT: Ms. or other craft under the jurisdiction of General, U.S. Navy, Federal Register Liaison Adina Wiley (6PD–R), Air Permits the DoN. Officer. [FR Doc. 2013–31068 Filed 1–3–14; 8:45 am] Section, Environmental Protection § 767.27 References. BILLING CODE 3810–FF–P Agency, Region 6, 1445 Ross Avenue References for submission of permit (6PD–R), Suite 1200, Dallas, TX 75202– application, including but not limited 2733. The telephone number is (214) to, and as may be further amended: ENVIRONMENTAL PROTECTION 665–2115. Ms. Wiley can also be (a) NHPA of 1966, as amended, 16 AGENCY reached via electronic mail at U.S.C. 470 et seq. (1999), and Protection [email protected]. of Historic Properties, 36 CFR part 800. 40 CFR Part 52 List of Subjects in 40 CFR Part 52 These regulations govern the section [EPA–R06–OAR–2006–0593; FRL–9905–06– Environmental protection, Air 106 review process established by the Region–6] NHPA. pollution control, Incorporation by reference, Intergovernmental relations, (b) National Environmental Policy Act Approval and Promulgation of of 1969, as amended, 42 U.S.C. 4321 et Reporting and recordkeeping Implementation Plans; Texas; Control requirements. seq., and Protection of the Environment, of Air Pollution by Permits for New 40 CFR 1500–1508. These regulations Construction or Modification; Permits Dated: December 20, 2013. require agencies to consider the effects for Specific Designated Facilities Samuel Coleman, of their actions on the human Acting Regional Administrator, Region 6. AGENCY: environment. Environmental Protection [FR Doc. 2013–31434 Filed 1–3–14; 8:45 am] Agency (EPA). (c) Secretary of the Interior’s BILLING CODE 6560–50–P Standards and Guidelines for ACTION: Withdrawal of proposed rule. Archeology and Historic Preservation, SUMMARY: On November 21, 2013, the available at http://www.cr.nps.gov/local- DEPARTMENT OF TRANSPORTATION law/arch_stnds_0.htm. These guidelines Environmental Protection Agency (EPA) establish standards for the preservation published a direct final rule and National Highway Traffic Safety planning process with guidelines on accompanying proposal approving Administration implementation. portions of two revisions to the Texas (d) ARPA of 1979, as amended, 16 State Implementation Plan (SIP) 49 CFR Part 571 U.S.C. 470aa-mm, and the Uniform concerning the Permits for Specific Regulations, 43 CFR part 7, subpart A. Designated Facilities Program, also [Docket No. NHTSA–2013–0132] These regulations establish basic referred to as the FutureGen Program. Public Meeting of the U.S.-Canada government-wide standards for the The direct final action was published Regulatory Cooperation Council (RCC) issuance of permits for archaeological without prior proposal because EPA Motor Vehicles Working Group research, including the authorized anticipated no adverse comments. EPA excavation and/or removal of stated in the direct final rule that if we AGENCY: National Highway Traffic archaeological resources on public lands received relevant, adverse comments by Safety Administration (NHTSA), DOT. or Indian lands. December 23, 2013, EPA would publish ACTION: Announcement of public (e) Secretary of the Interior’s a timely withdrawal in the Federal meeting. regulations, Curation of Federally- Register. EPA received a letter dated Owned and Administered December 19, 2013, from the Texas SUMMARY: The U.S.-Canada Regulatory Archaeological Collections, 36 CFR part Commission on Environmental Quality Cooperation Council (RCC) was created 79. These regulations establish stating that the March 9, 2006 and July on February 4, 2011. After private sector standards for the curation and display of 2, 2010 SIP revisions specific to the consultations and bilateral negotiations, federally-owned artifact collections. FutureGen program have been the RCC released the Joint Action Plan (f) Antiquities Act of 1906, Public withdrawn from our consideration as on Regulatory Cooperation on December Law 59–209, 34 Stat. 225 (codified at 16 revisions to the Texas SIP. Accordingly, 7, 2011. The Joint Action Plan is a U.S.C. 431 et seq. (1999)). EPA is withdrawing our proposed practical first step to increased (g) Executive Order 11593, 36 FR approval of the Texas FutureGen regulatory cooperation between the 8291, 3 CFR, 1971–1975 Comp., p. 559 program and in a separate rulemaking in United States and Canada. In order to

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implement the initiatives identified in SUPPLEMENTARY INFORMATION: The U.S.- the public hearing as observers may be the Joint Action Plan, bilateral working Canada Regulatory Cooperation Council accepted after that date. groups led by senior officials from (RCC) was created on February 4, 2011. For planning purposes, each speaker regulatory agencies have developed After private sector consultations and should anticipate speaking for work plans with concrete objectives, bilateral negotiations, the RCC released approximately ten minutes, although we deliverables and milestones for tangible the Joint Action Plan on Regulatory may need to shorten that time if a large progress within the RCC’s two-year Cooperation on December 7, 2011. For number of people wish to make mandate. This notice announces a more information on the Joint Action presentations. Once we learn how many public meeting of the RCC Motor Plan on Regulatory Cooperation, see people have registered to speak at the Vehicles Working Group. http://www.trade.gov/rcc/rcc- meeting, we will allocate an appropriate summary.asp. The Joint Action Plan is amount of time to each participant, DATES: The public meeting will be held allowing time for necessary breaks. In on January 14, 2014. The meeting will a practical first step to increased addition, we will reserve a block of time start at 9:30 a.m. and continue until 4:30 regulatory cooperation between the for anyone else in the audience who p.m., local time, or until all registered United States and Canada. In order to wishes to give an oral presentation. speakers have been heard. implement the initiatives identified in the Joint Action Plan, bilateral working We request that you bring three copies ADDRESSES: The January 14, 2014 public groups led by senior officials from of your statement or other material to meeting will be held at the Patrick V. regulatory agencies have developed the meeting. To accommodate as many McNamara Federal Building, 11th Floor, work plans with concrete objectives, speakers as possible, we prefer that 477 Michigan Avenue, Detroit, deliverables and milestones for tangible speakers not use any audio-visual aids Michigan 48226. The meeting site is progress within the RCC’s two-year or computer slideshows; however, if accessible to individuals with mandate. you plan to use such aids, you must disabilities. The January 14, 2014 public meeting provide those materials in advance of is being held pursuant to the RCC Motor the meeting and notify the contact FOR FURTHER INFORMATION CONTACT: If FOR FURTHER INFORMATION Vehicles Working Group Work Plan. For person in the you would like to attend the public CONTACT section above. meeting, please contact Lashawn Keeve, more information on the Work Plans, see http://www.trade.gov/rcc/ NHTSA and Transport Canada will NHTSA Office of Rulemaking, by email conduct the meeting informally. at [email protected], by telephone documents/Existing-Motor-Vehicle- Safety-Standards.pdf, or http:// Presenters wishing to provide at (202) 366–1740, or by fax at (202) supplementary information should 366–5930. Please contact Ms. Keeve at www.trade.gov/rcc/ for future Work Plans. submit it to the contact person in the least ten days before the meeting date of FOR FURTHER INFORMATION CONTACT January 14, 2014. Please provide the Public Meeting Procedures. The section above. following information: name, affiliation, public meeting provides a forum for the For security purposes, government- address, email address, and telephone public to speak about topics within the issued photo identification is required number. For other questions regarding mandate of the RCC Motor Vehicles to enter the Patrick V. McNamara the RCC Motor Vehicles Working Group, Working Group. In order to comply with Federal Building. Non-U.S. citizens may in the United States, you may contact the occupancy limits of the meeting be required to show passports. To allow Mr. Ezana Wondimneh, Chief of the space, attendance is limited to 100 sufficient time to clear security and NHTSA International Harmonization persons, and preregistration is required. enter the building, NHTSA recommends Division, by email at For space reasons, it is asked that you that participants arrive 30 to 60 minutes [email protected], by consider limiting your company’s or prior to the start of the event, and that telephone at (202) 366–0846, or by fax association’s delegation to 3–5 persons. luggage, laptop computers, and personal at (202) 366–5930. In Canada you may If you would like to attend the public effects be kept to a minimum. contact Mr. Merz Rustom, Director, meeting as a speaker or as an observer, Motor Vehicle Standards, Research and please contact the person identified David Hines, Development at Transport Canada, by under FOR FURTHER INFORMATION Director, Office of Crash Avoidance email at [email protected], by CONTACT at least ten days before the Standards. telephone at (613) 998–2268, or by fax hearing. Depending on the available [FR Doc. 2013–31507 Filed 1–3–14; 8:45 am] at (613) 990–2913. space, registration for persons attending BILLING CODE 4910–59–P

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Notices Federal Register Vol. 79, No. 3

Monday, January 6, 2014

This section of the FEDERAL REGISTER and Inspection Service, Patriots Plaza 3, FSIS urges the regulated industry to contains documents other than rules or 1400 Independence Avenue SW., review the guidance and the scientific proposed rules that are applicable to the Mailstop 3782, Room 8–163B, studies referenced in it. FSIS public. Notices of hearings and investigations, Washington, DC 20250–3700. recommends that hog establishments committee meetings, agency decisions and follow this guidance to control and rulings, delegations of authority, filing of Hand- or courier-delivered submittals: petitions and applications and agency Deliver to Patriots Plaza 3, 355 E Street reduce the incidence and spread of statements of organization and functions are SW., Room 8–163B, Washington, DC Salmonella. The resulting examples of documents appearing in this 20250–3700. improvements will also help section. Instructions: All items submitted by establishments to better comply with mail or electronic mail must include the the relevant regulatory requirements (9 Agency name and docket number FSIS– CFR parts 310.7, 310.10, 310.11, 310.12, DEPARTMENT OF AGRICULTURE 2012–0026. Comments received in 310.18, 310.25, 416 and 417). response to this docket will be made This guidance also discusses the Food Safety and Inspection Service available for public inspection and Nationwide Microbiological Baseline Data Collection Program: Market Hog [Docket No. FSIS–2012–0026] posted without change, including any personal information, to http:// Survey that was conducted from August Notice of Availability and Opportunity www.regulations.gov. 2010–August 2011. The data collected and discussed in the guidance will for Comments (Compliance Guideline Docket: For access to background enable the Agency to work more for Controlling Salmonella in Market documents or comments received, go to Hogs) effectively with industry to reduce the the FSIS Docket Room at Patriots Plaza risk of foodborne pathogens in FSIS AGENCY: Food Safety and Inspection 3, 355 E Street SW., Room 8–164, regulated products. Service, USDA. Washington, DC 20250–3700 between FSIS welcomes comment on this 8:00 a.m. and 4:30 p.m., Monday ACTION: compliance guidance, which will be Notice of availability and through Friday. opportunity for comments. revised as needed. FOR FURTHER INFORMATION CONTACT: Liza USDA Nondiscrimination Statement SUMMARY: The Food Safety and Murray, DVM, Risk, Innovations, and Inspection Service (FSIS) is announcing Management Staff, U.S. Department of The U.S. Department of Agriculture the availability of a compliance Agriculture, Food Safety and Inspection (USDA) prohibits discrimination in all guideline for official establishments to Service, 1400 Independence Avenue its programs and activities on the basis control and reduce the spread of SW., Patriots Plaza 3, Mail Stop 3782, of race, color, national origin, gender, Salmonella in hog slaughter facilities. Room 8–126A, Washington, DC 20024; religion, age, disability, political beliefs, The guidance provides information on Phone: (301) 504–0845; Email: sexual orientation, and marital or family best practices that may be applied at a [email protected]. status. (Not all prohibited bases apply to all programs.) Persons with disabilities hog slaughter facility to prevent, SUPPLEMENTARY INFORMATION: eliminate, or reduce levels of who require alternative means for Salmonella on hogs at all stages of Background communication of program information (Braille, large print, audiotape, etc.) slaughter and dressing. This guideline FSIS is issuing a guidance document should contact USDA’s Target Center at will help hog slaughter establishments to provide information on best practices (202) 720–2600 (voice and TTY). better comply with the relevant that may be used by hog slaughter regulatory requirements. FSIS has To file a written complaint of facilities in controlling and reducing the discrimination, write USDA, Office of posted this guideline on its Web page spread of Salmonella on market hogs. http://www.fsis.usda.gov/wps/portal/ the Assistant Secretary for Civil Rights, An establishment that slaughters and 1400 Independence Avenue SW., fsis/topics/regulatory-compliance/ processes market hogs, under HACCP, is compliance-guides-index. Washington, DC 20250–9410 or call to operate in a manner that prevents or (202) 720–5964 (voice and TTY). USDA DATES: Written comments may be reduces contamination at every step in is an equal opportunity provider and submitted until March 7, 2014. the process. The establishment is to use employer. ADDRESSES: FSIS invites interested decontamination and antimicrobial persons to submit comments on this intervention treatments as necessary to Additional Public Notification notice. Comments may be submitted by remove contamination that may result FSIS will announce this notice online either of the following methods: from slaughtering or dressing or through the FSIS Web page located at Federal eRulemaking Portal: This otherwise occurs on carcasses. The best http://www.fsis.usda.gov/wps/portal/ Web site provides the ability to type practices outlined in this guidance are fsis/topics/regulations/federal-register. short comments directly into the recommendations for establishments to FSIS will also make copies of this comment field on this Web page or improve their slaughter management Federal Register publication available attach a file for lengthier comments. Go practices to reduce levels of Salmonella through the FSIS Constituent Update, to http://www.regulations.gov. Follow on carcasses. The establishment that which is used to provide information the on-line instructions at that site for improves contamination control at regarding FSIS policies, procedures, submitting comments. appropriate processing locations will regulations, Federal Register notices, Mail, including CD-ROMs, etc.: Send likely produce raw pork products that FSIS public meetings, and other types of to Docket Room Manager, U.S. have fewer pathogens, including information that could affect or would Department of Agriculture, Food Safety Salmonella. be of interest to constituents and

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stakeholders. The Update is comments other than support for partial We received no comments from communicated via Listserv, a free revocation of the orders. Therefore, the interested parties. electronic mail subscription service for final results do not differ from the On November 7, 2013, we published industry, trade groups, consumer preliminary results of reviews and we the notice of preliminary results of interest groups, health professionals, are revoking the orders with respect to changed circumstances reviews, and and other individuals who have asked certain rectangular wire. The partial intent to revoke the Orders in part.4 We to be included. The Update is also revocations are effective November 12, received no comments or briefs in available on the FSIS Web page. In 2010 (for AD) and September 7, 2010 opposition from interested parties.5 addition, FSIS offers an electronic mail (for CVD). Scope of the Orders subscription service which provides FOR FURTHER INFORMATION CONTACT: automatic and customized access to James Terpstra, Office III, Antidumping The merchandise covered by these selected food safety news and and Countervailing Duty Operations, Orders is aluminum extrusions which information. This service is available at Enforcement and Compliance, are shapes and forms, produced by an http://www.fsis.usda.gov/wps/portal/ International Trade Administration, extrusion process, made from aluminum fsis/programs-and-services/email- U.S. Department of Commerce, 14th alloys having metallic elements subscription-service. Options range from Street and Constitution Avenue NW., corresponding to the alloy series recalls to export information to Washington, DC 20230; telephone (202) designations published by The regulations, directives, and notices. 482–3965. Aluminum Association commencing Customers can add or delete with the numbers 1, 3, and 6 (or Background subscriptions themselves, and have the proprietary equivalents or other option to password protect their On May 26, 2011, the Department certifying body equivalents). accounts. published the AD and CVD orders in the Specifically, the subject merchandise Federal Register.2 On June 20, 2013, the Done at Washington, DC, on: December 23, made from aluminum alloy with an 2013. Department received a request on behalf Aluminum Association series of 3M Company (3M) for changed Alfred V. Almanza, designation commencing with the circumstances reviews to revoke, in number 1 contains not less than 99 Administrator. part, the Orders with respect to certain percent aluminum by weight. The [FR Doc. 2013–31488 Filed 1–3–14; 8:45 am] rectangular wire imported by 3M. In its subject merchandise made from BILLING CODE 3410–DM–P request, 3M attached a letter submitted aluminum alloy with an Aluminum on behalf of the Aluminum Extrusion Association series designation Fair Trade Committee (AEFTC), the commencing with the number 3 DEPARTMENT OF COMMERCE petitioners in the less-than-fair-value contains manganese as the major and CVD investigations, and the International Trade Administration alloying element, with manganese Aluminum Extrusion Council (AEC), in accounting for not more than 3.0 [A–570–967, C–570–968] which representatives of the AEFTC and percent of total materials by weight. The AEC stated that they no longer have subject merchandise is made from an Aluminum Extrusions From the interest in maintaining the Orders with aluminum alloy with an Aluminum People’s Republic of China: Final respect to certain rectangular wire Association series designation Results of Changed Circumstances identified in 3M’s request for the commencing with the number 6 Reviews; Partial Revocation of changed circumstances reviews. On July contains magnesium and silicon as the Antidumping and Countervailing Duty 2, 2013, 3M filed a letter containing a major alloying elements, with Orders clarification from the AEFTC and AEC magnesium accounting for at least 0.1 in which they stated that they no longer AGENCY: Enforcement and Compliance, percent but not more than 2.0 percent of have interest in maintaining the Orders formerly Import Administration, total materials by weight, and silicon with respect to certain rectangular wire, International Trade Administration, accounting for at least 0.1 percent but regardless of whether 3M or another Department of Commerce. not more than 3.0 percent of total party imports it. materials by weight. The subject DATES: Effective Date: November 12, On August 20, 2013, we published a 2010, for the antidumping duty order; aluminum extrusions are properly notice of initiation of these changed identified by a four-digit alloy series September 7, 2010, for the circumstances reviews.3 Because the countervailing duty order. without either a decimal point or statement provided by the AEC and leading letter. Illustrative examples from SUMMARY: On November 7, 2013, the offered in support of 3M’s request for among the approximately 160 registered Department of Commerce (the changed circumstances reviews did not alloys that may characterize the subject Department) published the notice of indicate whether the AEC accounts for merchandise are as follows: 1350, 3003, preliminary results of changed substantially all of domestic aluminum and 6060. circumstances reviews and intent to extrusion production, in the Initiation Aluminum extrusions are produced revoke, in part, the antidumping (AD) Notice, we invited interested parties to and imported in a wide variety of and countervailing duty (CVD) orders comment on the Department’s initiation. shapes and forms, including, but not on aluminum extrusions from the limited to, hollow profiles, other solid People’s Republic of China (PRC),1 with 2 See Aluminum Extrusions from the People’s profiles, pipes, tubes, bars, and rods. respect to certain rectangular wire. We Republic of China: Antidumping Duty Order, 76 FR Aluminum extrusions that are drawn invited interested parties to comment on 30650 (May 26, 2011) and Aluminum Extrusions From the People’s Republic of China: subsequent to extrusion (drawn the Preliminary Results and received no Countervailing Duty Order, 76 FR 30653 (May 26, aluminum) are also included in the 2011) (together, the Orders). scope. 1 See Aluminum Extrusions From the People’s 3 See Aluminum Extrusions from the People’s Republic of China: Preliminary Results of Changed Republic of China: Initiation of Changed Circumstances Reviews, and Intent To Revoke Circumstance Reviews and Consideration of 4 See Preliminary Results. Antidumping and Countervailing Duty Orders in Revocation of the Antidumping and Countervailing 5 On November 21, 2013, 3M submitted Part, 78 FR 66895 (November 7, 2013) (Preliminary Duty Orders in Part, 78 FR 51143 (August 20, 2013) comments in which it stated that it supports the Results). (Initiation Notice). Department’s partial revocation of the Orders.

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Aluminum extrusions are produced The scope also excludes finished aluminum wire rod, which is and imported with a variety of finishes merchandise containing aluminum subsequently extruded to dimension to (both coatings and surface treatments), extrusions as parts that are fully and form rectangular wire. The product is and types of fabrication. The types of permanently assembled and completed made from aluminum alloy grade 1070 coatings and treatments applied to at the time of entry, such as finished or 1370, with no recycled metal content subject aluminum extrusions include, windows with glass, doors with glass or allowed. The dimensions of the wire are but are not limited to, extrusions that vinyl, picture frames with glass pane 5 mm (+/¥ 0.05 mm) in width and 1.0 are mill finished (i.e., without any and backing material, and solar panels. mm (+/¥ 0.02 mm) in thickness. coating or further finishing), brushed, The scope also excludes finished goods Imports of rectangular wire are provided buffed, polished, anodized (including containing aluminum extrusions that for under HTSUS category 7605.19.000. bright-dip anodized), liquid painted, or are entered unassembled in a ‘‘finished Imports of the subject merchandise powder coated. Aluminum extrusions goods kit.’’ A finished goods kit is are provided for under the following may also be fabricated, i.e., prepared for understood to mean a packaged categories of the Harmonized Tariff assembly. Such operations would combination of parts that contains, at Schedule of the United States (HTSUS): include, but are not limited to, the time of importation, all of the 7604.21.0000, 7604.29.1000, extrusions that are cut-to-length, necessary parts to fully assemble a final 7604.29.3010, 7604.29.3050, machined, drilled, punched, notched, finished good and requires no further 7604.29.5030, 7604.29.5060, bent, stretched, knurled, swedged, finishing or fabrication, such as cutting 7608.20.0030, and 7608.20.0090. The mitered, chamfered, threaded, and spun. or punching, and is assembled ‘as is’ subject merchandise entered as parts of The subject merchandise includes into a finished product. An imported other aluminum products may be aluminum extrusions that are finished product will not be considered a classifiable under the following (coated, painted, etc.), fabricated, or any ‘finished goods kit’ and therefore additional Chapter 76 subheadings: combination thereof. excluded from the scope of the 7610.10, 7610.90, 7615.19, 7615.20, and Subject aluminum extrusions may be investigation merely by including 7616.99 as well as under other HTSUS described at the time of importation as fasteners such as screws, bolts, etc. in chapters. In addition, fin evaporator parts for final finished products that are the packaging with an aluminum coils may be classifiable under HTSUS assembled after importation, including, extrusion product. numbers: 8418.99.80.50 and but not limited to, window frames, door The scope also excludes aluminum 8418.99.80.60. frames, solar panels, curtain walls, or alloy sheet or plates produced by other Additional subject products may be furniture. Such parts that otherwise than the extrusion process, such as classifiable under the following HTSUS meet the definition of aluminum aluminum products produced by a categories: 7615.19.10, 7615.19.30, extrusions are included in the scope. method of casting. Cast aluminum 7615.19.50, 7615.19.70, 7615.19.90, The scope includes the aluminum products are properly identified by four 7616.99.10, 7616.99.50, 8302.10.3000, extrusion components that are attached digits with a decimal point between the 8302.10.6030, 8302.10.6060, (e.g., by welding or fasteners) to form third and fourth digit. A letter may also 8302.10.6090, 8302.30.3010, subassemblies, i.e., partially assembled precede the four digits. The following 8302.30.3060, 8302.41.3000, merchandise unless imported as part of Aluminum Association designations are 8302.41.6015, 8302.41.6045, the finished goods ‘kit’ defined further representative of aluminum alloys for 8302.41.6050, 8302.41.6080, below. The scope does not include the casting: 208.0, 295.0, 308.0, 355.0, 8302.42.3010, 8302.42.3015, non-aluminum extrusion components of C355.0, 356.0, A356.0, A357.0, 360.0, 8302.42.3065, 8302.49.6035, subassemblies or subject kits. 366.0, 380.0, A380.0, 413.0, 443.0, 8302.49.6045, 8302.49.6055, Subject extrusions may be identified 514.0, 518.1, and 712.0. The scope also 8302.49.6085, 8302.50.0000, with reference to their end use, such as excludes pure, unwrought aluminum in 8302.60.9000, 8306.30.0000, fence posts, electrical conduits, door any form. 8419.90.1000, 8479.89.98, 8479.90.94, thresholds, carpet trim, or heat sinks The scope also excludes collapsible 8513.90.20, 9403.10.00, 9403.20.00, (that do not meet the finished heat sink tubular containers composed of metallic 9403.90.1040, 9403.90.1050, exclusionary language below). Such elements corresponding to alloy code 9403.90.1085, 9403.90.2540, goods are subject merchandise if they 1080A as designated by the Aluminum 9403.90.2580, 9403.90.4005, otherwise meet the scope definition, Association where the tubular container 9403.90.4010, 9403.90.4060, regardless of whether they are ready for (excluding the nozzle) meets each of the 9403.90.5005, 9403.90.5010, use at the time of importation. following dimensional characteristics: 9403.90.5080, 9403.90.6005, The following aluminum extrusion (1) Length of 37 millimeters (mm) or 62 9403.90.6010, 9403.90.6080, products are excluded: aluminum mm, (2) outer diameter of 11.0 mm or 9403.90.7005, 9403.90.7010, extrusions made from aluminum alloy 12.7 mm, and (3) wall thickness not 9403.90.7080, 9403.90.8010, with an Aluminum Association series exceeding 0.13 mm. 9403.90.8015, 9403.90.8020, designations commencing with the Also excluded from the scope of these 9403.90.8030, 9403.90.8041, number 2 and containing in excess of Orders are finished heat sinks. Finished 9403.90.8051, 9403.90.8061, 1.5 percent copper by weight; aluminum heat sinks are fabricated heat sinks 9506.11.4080, 9506.51.4000, extrusions made from aluminum alloy made from aluminum extrusions the 9506.51.6000, 9506.59.4040, with an Aluminum Association series design and production of which are 9506.70.2090, 9506.91.0010, designation commencing with the organized around meeting certain 9506.91.0020, 9506.91.0030, number 5 and containing in excess of specified thermal performance 9506.99.0510, 9506.99.0520, 1.0 percent magnesium by weight; and requirements and which have been 9506.99.0530, 9506.99.1500, aluminum extrusions made from fully, albeit not necessarily 9506.99.2000, 9506.99.2580, aluminum alloy with an Aluminum individually, tested to comply with 9506.99.2800, 9506.99.6080, Association series designation such requirements. 9507.30.2000, 9507.30.4000, commencing with the number 7 and Also excluded from the scope of the 9507.30.6000, and 9507.90.6000. containing in excess of 2.0 percent zinc order is certain rectangular wire While HTSUS subheadings are by weight. produced from continuously cast rolled provided for convenience and customs

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purposes, the written description of the DEPARTMENT OF COMMERCE The Department stated in its initiation scope of these Orders is dispositive. of this review that it intended to rely on International Trade Administration U.S. Customs and Border Protection Final Results of Changed Circumstance 3 [A–428–820] (CBP) data to select respondents. We Reviews and Revocation, In Part, of the released the results of our CBP data Orders Certain Small Diameter Carbon and query to the petitioners and one other interested party, Voestalpine AG, and Based on the Department’s analysis in Alloy Seamless Standard, Line, and invited them to comment on the CBP the Preliminary Results (which we Pressure Pipe From Germany: data.4 We received no comments on the incorporate herein by reference) and in Rescission of Antidumping Duty Administrative Review; 2012–2013 CBP data. We did, however, receive a light of the fact that no interested parties certification of no shipments from submitted any comments on the AGENCY: Enforcement and Compliance, Voestalpine AG.5 Department’s Preliminary Results other formerly Import Administration, than to express support for the partial International Trade Administration, Rescission of Review revocation, the Department hereby Department of Commerce. 19 CFR 351.213(d)(1) stipulates that determines to revoke, in part, the Orders DATES: January 6, 2014. the Secretary will rescind an with respect to the certain rectangular FOR FURTHER INFORMATION CONTACT: administrative review under this wire that is the subject of 3M’s request, Patrick Edwards or Angelica Mendoza, section, in whole or in part, if a party pursuant to sections 751(d)(1) and AD/CVD Operations, Office VI, that requested a review withdraws the 782(h)(2) of the Tariff Act of 1930, as Enforcement and Compliance, request within 90 days of the date of amended (‘‘the Act’’) and 19 CFR International Trade Administration, publication of notice of initiation of the 351.222(g).6 In addition, the Department U.S. Department of Commerce, 14th requested review. As the only party that has modified the scope of the AD and Street and Constitution Avenue NW., requested a review (the petitioners) withdrew the request within 90 days of CVD orders, as reflected above, Washington, DC 20230; telephone: (202) the date of publication of the notice of consistent with these final results. 482–8029 or (202) 482–3019, respectively. initiation of the requested review, we We will instruct U.S. Customs and are rescinding this review of the Border Protection (CBP) to liquidate SUPPLEMENTARY INFORMATION: antidumping duty order on seamless without regard to ADs and CVDs, and to Background pressure pipe from Germany pursuant to refund any estimated ADs and CVDs 19 CFR 351.213(d)(1).6 On August 1, 2013, the Department of collected, on all unliquidated entries of Assessment of Antidumping Duties the product in question that are not Commerce (the Department) published in the Federal Register a notice of covered by the final results of an We intend to issue assessment ‘‘Opportunity to Request Administrative administrative review or automatic instructions to CBP 15 days after the Review’’ of the antidumping duty order liquidation. Specifically, because there date of publication of this notice of on certain small diameter carbon and rescission of administrative review. has been no completed administrative alloy seamless standard, line, and Antidumping duties shall be assessed at review of the Orders, we will instruct pressure pipe (seamless pressure pipe) rates equal to the cash deposit of CBP to terminate suspension of from Germany for the period of review estimated antidumping duties required liquidation of all unliquidated entries of (POR) of August 1, 2012, through July at the time of entry, or withdrawal from aluminum extrusions meeting the 31, 2013.1 The Department received a warehouse, for consumption, in specifications of the product in timely request from United States Steel accordance with 19 CFR question, entered or withdrawn from Corporation (petitioner), filed in 351.212(c)(1)(i). warehouse, for consumption, on or after accordance with 19 CFR 351.213(b), for Notifications November 12, 2010 (for ADs) and an administrative review of sales, September 7, 2010 (for CVDs) and shipments, or entries by certain This notice serves as a final reminder liquidate such entries without regard to companies subject to the antidumping to importers of their responsibility ADs and CVDs. Furthermore, the duty order on seamless pressure pipe under 19 CFR 351.402(f)(2) to file a Department will instruct CBP to refund from Germany. On October 2, 2013, the certificate regarding the reimbursement estimated ADs and CVDs collected on Department published a notice of of antidumping duties prior to such entries, pursuant to 19 CFR initiation of an administrative review of liquidation of the relevant entries 351.222(g)(4). the antidumping duty order on seamless during this review period. Failure to pressure pipe from Germany with comply with this requirement could This notice is published in respect to four companies: (1) Benteler result in the presumption that accordance with section 751(b)(1) of the Stahl/Rohr GmbH (also known as reimbursement of antidumping duties Act and 19 CFR 351.221 and 19 CFR Benteler Steel/Tube GmbH); (2) ESW 351.222. Roehrenwerke GmbH; (3) Vallourec & Request for Revocation in Part, 78 FR 60834 (October 2, 2013); see also, Initiation of Dated: December 24, 2013. Mannesmann Tubes—V & M Antidumping and Countervailing Duty Christian Marsh, Deutschland GmbH; and (4) Voestalpine Administrative Reviews and Request for Revocation in Part, 78 FR 67104 (November 8, 2013). Deputy Assistant Secretary for Antidumping AG and all affiliates (including, but not 3 Id. and Countervailing Duty Operations. limited to, Voestalpine Tubulars GmbH & Co. KG and Voestalpine Rotec GmbH 4 See Letter to All Interested Parties, from [FR Doc. 2013–31277 Filed 1–3–14; 8:45 am] Angelica Mendoza, Program Manager, regarding 2 & Co. KG). ‘‘Request for Comments on CBP Data,’’ dated BILLING CODE 3510–DS–P November 7, 2013. 1 See Antidumping or Countervailing Duty Order, 5 See Letter to the Secretary of Commerce, from Finding, or Suspended Investigation; Opportunity Voestalpine AG, titled ‘‘Voestalpine No Shipment To Request Administrative Review, 78 FR 46573 Letter,’’ dated November 17, 2013. (August 1, 2013). 6 See Letter to the Secretary of Commerce, from 2 See Initiation of Antidumping and Petitioner, titled ‘‘Withdrawal of Request for 6 See Preliminary Results, 78 FR at 66897. Countervailing Duty Administrative Reviews and Administrative Review,’’ dated December 5, 2013.

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occurred and the subsequent assessment fax number (see ADDRESSES) on or before issue permits, under limited of doubled antidumping duties. February 5, 2014. circumstances to take listed species This notice also serves as a reminder ADDRESSES: The application is available incidental to, and not the purpose of, to parties subject to administrative for download and review at http:// otherwise lawful activities. Section protective order (APO) of their www.nmfs.noaa.gov/pr/permits/esa_ 10(a)(1)(B) of the ESA provides for responsibility concerning the review.htm under the section heading authorizing incidental take of listed disposition of proprietary information ESA Section 10(a)(1)(B) Permits and species. NMFS governing permits for disclosed under APO in accordance Applications. The application is also threatened and endangered species are with 19 CFR 351.305(a)(3). Timely available upon written request or by promulgated at 50 CFR 222.307. written notification of the return or appointment in the following office: Background destruction of APO materials or Endangered Species Conservation conversion to judicial protective order is Division, Office of Protected Resources, NMFS received a draft permit hereby requested. Failure to comply NMFS, 1315 East-West Highway, Room application from Clearwater on April with the regulations and terms of an 13535, Silver Spring, MD 20910; phone 16, 2013. Based on our review of the draft application, we requested further APO is a sanctionable violation. (301) 427–8403; fax (301) 713–4060. This notice is published in You may submit comments, identified information and clarification. On accordance with section 751 of the by the following document number, December 18, 2013, Clearwater Tariff Act of 1930, as amended, and 19 NOAA–NMFS–2013–0104, by any of the submitted an updated draft application. CFR 351.213(d)(4). following methods: Based on review of the updated draft, • Electronic Submissions: Submit all NMFS requested clarification on lethal Dated: December 23, 2013. take and alternatives considered. On Christian Marsh, electronic public comments via the Federal eRulemaking Portal. Go to December 23, 2013, Clearwater Deputy Assistant Secretary for Antidumping submitted a redraft, and based on and Countervailing Duty Operations. www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-2013- review of the draft, NMFS determined [FR Doc. 2013–31489 Filed 1–3–14; 8:45 am] that the application contained sufficient 0182. click the ‘‘Comment Now’’ icon, BILLING CODE 3510–DS–P information for review and complete the required fields, and enter consideration under section 10(a)(1)(B) or attach your comments. • Fax: (301) 713–4060; Attn: Therese of the ESA. DEPARTMENT OF COMMERCE Clearwater is requesting incidental Conant. take of two sturgeon (either or • Mail: Submit written comments to National Oceanic and Atmospheric combination of Atlantic and shortnose Endangered Species Conservation Administration sturgeon) each year from 2014 through Division, Office of Protected Resources, 2023 that may be caught in trawl or RIN 0648–XD056 NMFS, 1315 East-West Highway, Room seine gear used to collect fish and 13535, Silver Spring, MD 20910; Attn: Endangered Species; File No. 18600 invertebrate specimens from the Hudson Therese Conant. River, New York. The take of ESA-listed Instructions: You must submit AGENCY: National Marine Fisheries Atlantic sturgeon is largely anticipated comments by one of the above methods Service (NMFS), National Oceanic and to be the New York Bight Distinct to ensure that we receive, document, Atmospheric Administration (NOAA), Population Segment (98 percent), but and consider them. Comments sent by Commerce. individuals may also originate from the any other method, to any other address ACTION: Notice; receipt of application. Gulf of Maine, Chesapeake, Carolina, or individual, or received after the end and South Atlantic Distinct Population of the comment period may not be SUMMARY: Notice is hereby given that Segments. Of the total 20 individual considered. All comments received are the Hudson River Sloop Clearwater, sturgeon anticipated to be taken for the a part of the public record and will Incorporated (hereinafter ‘Clearwater’) duration of the permit, Clearwater does generally be posted for public viewing has applied in due form for a permit not anticipate lethal takes, but has on http://www.regulations.gov without pursuant to the Endangered Species At applied for 2 lethal takes for the change. All personal identifying of 1973, as amended (ESA). The permit duration of the permit in the event that information (e.g., name, address, etc.) application is for the incidental take of encounter conditions that lead to a confidential business information, or Atlantic sturgeon (Acipenser oxyrinchus mortality. oxyrinchus) and shortnose sturgeon (A. otherwise sensitive information brevirostrum) associated with the submitted voluntarily by the sender will Conservation Plan otherwise lawful environmental be publicly accessible. We will accept Clearwater’s conservation plan education program conducted on the anonymous comments (enter ‘‘N/A’’ in describes measures to minimize, Hudson River, New York. The education the required fields if you wish to remain monitor, and mitigate the incidental program uses small otter trawls and anonymous). Attachments to electronic take of ESA-listed Atlantic and beach seines to collect fish and comments will be accepted in Microsoft shortnose sturgeon. Clearwater will invertebrate specimens that are held Word, Excel, or Adobe PDF file formats regularly communicate New York State onboard the vessels for educational only. Department of Environmental purposes. The duration of the proposed FOR FURTHER INFORMATION CONTACT: Conservation to avoid known sturgeon permit is 10 years. NMFS is providing Therese Conant, (301) 427–856. habitat and spawning grounds. this notice in order to allow other SUPPLEMENTARY INFORMATION: Section 9 Clearwater will use small otter trawls agencies and the public an opportunity of the ESA and Federal regulations (95.52 by 45.72 cm doors and weigh less to review and comment on the prohibit the ‘taking’ of a species listed than 0.45 kg) and short tow times (= ≤ 5 application materials. All comments as endangered or threatened. The ESA minutes). Beach seines, which allow for received will become part of the public defines ‘‘take’’ to mean harass, harm, targeted catch, will be used where record and will be available for review. pursue, hunt, shoot, wound, kill, trap, practicable (e.g, away from urban areas DATES: Written comments must be capture, or collect, or to attempt to and where tides allow). If Clearwater received at the appropriate address or engage in any such conduct. NMFS may incidentally captures a sturgeon in their

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sets, they will follow protocols for safe ACTION: Notice of online webinar. Management Act, provided the public handling (http://www.nmfs.noaa.gov/ has been notified of the webinar pr/pdfs/species/kahn_mohead_ SUMMARY: The Pacific Fishery participants’ intent to take final action 2010.pdf), and immediately release any Management Council’s (Pacific to address the emergency. sturgeon caught. Clearwater will Council’s) Groundfish Endangered Special Accommodations maintain a detailed log of all gear sets Species Work Group (ESWG) will hold and will submit to the NMFS incident an online webinar to orient members of This meeting is physically accessible and annual reports of incidental this newly-formed committee, and to to people with disabilities. Requests for capture, if any, of listed sturgeon. discuss future workload and process auxiliary aids should be directed to Mr. Clearwater considered and rejected issues. The webinar is open to the Kris Kleinschmidt at (503) 820–2280 at the use of beach seines only. Beach public. least 5 days prior to the webinar date. seines are not always practicable in DATES: The ESWG webinar will Dated: December 31, 2013. areas of high urban use and strong commence at 9 a.m. PST, Thursday, William D. Chappell, currents. January 23, 2014 and continue until Acting Deputy Director, Office of Sustainable noon, or as necessary to complete Fisheries, National Marine Fisheries Service. National Environmental Policy Act business for the day. [FR Doc. 2013–31532 Filed 1–3–14; 8:45 am] In compliance with the National ADDRESSES: To attend the ESWG BILLING CODE 3510–22–P Environmental Policy Act of 1969 (42 webinar, please join online at https:// U.S.C. 4321 et seq.) (NEPA), as www.joinwebinar.com and enter the implemented by 40 CFR parts 1500– webinar ID: 628–107–399, as well as DEPARTMENT OF COMMERCE 1508 and NOAA Administrative Order your name and email address. Once you 216–6, Environmental Review have joined the webinar, choose either National Oceanic and Atmospheric Procedures for Implementing the your computer’s audio or select ‘‘Use Administration National Policy Act (1999), an initial Telephone.’’ To join the audio RIN 0648–XD059 determination has been made that the teleconference using a telephone, call activity proposed is categorically the toll number 1–619–550–0004 and New England Fishery Management excluded from the requirement to enter 628–107–399 when prompted for Council; Public Meeting prepare an environmental assessment or the audio code. If you do not select ‘‘Use environmental impact statement. Telephone,’’ you will be connected to AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Next Steps audio using your computer’s microphone and speakers (VolP). A Atmospheric Administration (NOAA), This notice is provided pursuant to headset is recommended. System Commerce. section 10(c) of the ESA. NMFS will requirements for PC-based attendees: ACTION: Notice; public meeting. evaluate the application, associated Windows 7, Vista, or XP; for Mac-based documents, and comments received attendees: Mac OS X 10.5 or newer; and SUMMARY: The New England Fishery during the comment period to for mobile attendees: iPhone, iPad, Management Council’s (Council) determine whether the application Android phone, or Android tablet (see Recreational Advisory Panel and their meets the requirements of section 10(a) the GoToMeeting Webinar Apps). If you Groundfish Oversight Committee will of the ESA. If NMFS determines that the experience technical difficulties and meet to consider actions affecting New requirements are met, a permit will be would like assistance, please contact England fisheries in the exclusive issued for incidental takes of ESA-listed Mr. Kris Kleinschmidt at 503–820–2280. economic zone (EEZ). sturgeon. The final NEPA and permit Public comments during the webinar DATES: The meetings will be held on determinations will not be made until will be received from attendees at the Wednesday, January 22, 2014 at 9 a.m. after the end of the comment period. discretion of the ESWG Chair. and Thursday, January 23, 2014 at 9 NMFS will publish a record of its final FOR FURTHER INFORMATION CONTACT: Mr. a.m. action in the Federal Register. Chuck Tracy, Pacific Council; ADDRESSES: Dated: December 31, 2013. telephone: (503) 820–2280. Meeting address: The meetings will be Angela Somma, SUPPLEMENTARY INFORMATION: The held at the DoubleTree Hotel Boston Chief, Endangered Species Conservation specific objectives of the ESWG webinar North Shore, 50 Ferncroft Road, Division, Office of Protected Resources, are to introduce the members to each Danvers, MA 01923; telephone: (978) National Marine Fisheries Service. other, elect officers, review the ESWG 777–2500; fax: (978) 750–7991. [FR Doc. 2013–31563 Filed 1–3–14; 8:45 am] terms of reference, and set out Council address: New England BILLING CODE 3510–22–P expectations for future work and how Fishery Management Council, 50 Water that work will be accomplished. No Street, Mill 2, Newburyport, MA 01950. management actions will be decided in FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF COMMERCE this webinar. Thomas A. Nies, Executive Director, Although non-emergency issues not New England Fishery Management National Oceanic and Atmospheric identified in the webinar agenda may Council; telephone: (978) 465–0492. Administration come before the webinar participants for SUPPLEMENTARY INFORMATION: The items discussion, those issues may not be the RIN 0648–XD043 of discussion in the committee’s agenda subject of formal action during this are as follows: webinar. Formal action at the webinar Pacific Fishery Management Council; Wednesday, January 22, 2014 Online Webinar will be restricted to those issues specifically listed in this notice and any Beginning at 9 a.m. AGENCY: National Marine Fisheries issues arising after publication of this The Recreational Advisory Panel Service (NMFS), National Oceanic and notice that require emergency action (RAP) will meet to have a discussion of Atmospheric Administration (NOAA), under Section 305(c) of the Magnuson- Habitat Omnibus Amendment 2 Commerce. Stevens Fishery Conservation and management alternatives related to the

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recreational groundfish fishery. Also on DEPARTMENT OF COMMERCE DC 20230; (202) 482–2188; or the agenda will be a discussion of [email protected]. recreational accountability measures for National Telecommunications and SUPPLEMENTARY INFORMATION: Gulf of Maine cod and haddock. The Information Administration I. National Environmental Policy Act Committee will receive a presentation [Docket Number: 131219999–3999–02] from NERO staff on alternatives for an The National Environmental Policy omnibus amendment to simplify vessel RIN 0660–XC008 Act of 1969 (42 U.S.C. 321–4347) baseline restrictions. They will discuss (NEPA) requires federal agencies to and provide input on proposed analysis First Responder Network Authority; undertake an assessment of environmental effects of their proposed of the alternatives for the Environmental National Environmental Policy Act actions prior to making a final decision Assessment. Other business may be Implementing Procedures and Categorical Exclusions and implementing the action. NEPA discussed. requirements apply to any federal Thursday, January 23, 2014 Beginning AGENCY: National Telecommunications project, decision or action that may have at 9 a.m. and Information Administration, U.S. a significant impact on the quality of the Department of Commerce. human environment. NEPA also The Groundfish Oversight Committee ACTION: Notice, Request for Public establishes the Council on will meet to review groundfish fishery Comment. Environmental Quality (CEQ), which management plan priorities for 2014. issued regulations implementing the Also on the agenda is to review Plan SUMMARY: The First Responder Network procedural provisions of NEPA. Among Development Team work related to the Authority (FirstNet) publishes this other considerations, CEQ regulations development of Amendment 18 and notice to request public comments on require federal agencies to adopt their discuss potential measures. Other proposed categorical exclusions (CEs) of own implementing procedures to actions that FirstNet has determined do business may be discussed as necessary. supplement the Council’s regulations, not individually or cumulatively have a and to establish and use ‘‘categorical Although non-emergency issues not significant effect on the human exclusions’’ to define categories of contained in this agenda may come environment and, thus, should be actions that do not individually or before these groups for discussion, those categorically excluded from the cumulatively have a significant effect on issues may not be the subject of formal requirement to prepare an the human environment. Such actions action during this meeting. Action will environmental assessment or do not require preparation of an be restricted to those issues specifically environmental impact statement under environmental assessment or an identified in this notice and any issues the National Environmental Policy Act, environmental impact statement as arising after publication of this notice 42 U.S.C. 4321 et seq. (NEPA). required by NEPA. that require emergency action under DATES: Comments on the proposed list The Middle Class Tax Relief and Job section 305(c) of the Magnuson-Stevens categorical exclusions must be received Creation Act of 2012 (Pub. L. No. 112– Fishery Conservation and Management by February 5, 2013. 96, 126 Stat. 156 (2012) (Act) creates and authorizes FirstNet to take all Act, provided the public has been ADDRESSES: The ‘‘Draft FirstNet actions necessary to ensure that the notified of the Council’s intent to take Administrative Record’’ for the design, construction, and operation of a final action to address the emergency. proposed categorical exclusions is nationwide interoperable public safety available at: http://www.ntia.doc.gov/ Special Accommodations broadband network (PSBN) based on a category/firstnet. The public is invited single, national network architecture. to submit written comments via email to These meetings are physically The Act meets a long-standing and [email protected] accessible to people with disabilities. critical national infrastructure need, to or mail (to the address listed below). All Requests for sign language create a single, nationwide interoperable comments submitted in electronic form interpretation or other auxiliary aids PSBN that will, for the first time, allow should be in a standard format such as should be directed to Thomas A. Nies police officers, fire fighters, emergency Word or PDF. All comments submitted (see ADDRESSES) at least 5 days prior to medical service professionals, and other via mail should include, to the extent the meeting date. public safety officials to effectively available, an electronic copy of the communicate with each other across Authority: 16 U.S.C. 1801 et seq. submission. However paper copies of agencies and jurisdictions. Dated: December 30, 2013. comments will be accepted. All As a newly created entity, FirstNet William D. Chappell, comments received will be made a part does not have any existing CEs. The of the public record and may be posted proposed CEs are necessary to assist Acting Deputy Director, Office of Sustainable to NTIA’s Web site (http:// Fisheries, National Marine Fisheries Service. FirstNet in applying the appropriate www.ntia.doc.gov/category/firstnet) level of NEPA review for activities [FR Doc. 2013–31522 Filed 1–3–14; 8:45 am] without change. All personally BILLING CODE 3510–22–P undertaken by FirstNet in the design, identifiable information (e.g., name, construction, and operation of the address) voluntarily submitted by the PSBN. Accordingly, FirstNet is commenter may be publicly accessible. requesting public comment on the Do not submit confidential business following CEs (as well as the information or otherwise sensitive or administrative records supporting each protected information. exclusion) before utilizing them as part FOR FURTHER INFORMATION CONTACT: Eli of its NEPA review process. Veenendaal, National Telecommunications and Information II. Development Process for Administration, U.S. Department of Establishing FirstNet CEs Commerce, 1401 Constitution Avenue FirstNet is responsible for, at a NW., HCHB Room 4713, Washington, minimum, ensuring nationwide

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standards for the use of and access to throughout all U.S. states, territories and a FONSI was issued, NTIA has the network; issuing open, transparent, the District of Columbia. BTOP projects consistently found that the actions and competitive requests for proposals were funded in four categories. These resulted in no significant environmental (RFPs) to build, operate, and maintain four categories included (1) Broadband impacts. the network; encouraging these RFPs to Infrastructure—Last Mile; (2) Broadband FirstNet, similar to BTOP, is leverage, to the maximum extent Infrastructure—Middle Mile; (3) Public mandated to plan and construct economically desirable, existing Computer Centers; and (4) Sustainable telecommunication and broadband commercial wireless infrastructure to Broadband Adoption. BTOP infrastructure across the United States speed deployment of the network; and infrastructure projects typically required and its territories. The specific activities overseeing contracts with non-federal the deployment of broadband anticipated to be undertaken by FirstNet entities to build, operate, and maintain equipment including the installation of are comparable to BTOP project the network. fiber optic cables, cell towers, antenna implementation activities and will Due to the similarity in project colocations, buildings, and power units. primarily include the installation of activities and scope, FirstNet is seeking The methods used for deploying this cables, cell tower, antenna colocations, to establish its CEs based primarily on equipment varied depending on the buildings, and power units as defined in the existing CEs that were approved and individual project plan and location but the following examples: applied by NTIA in the implementation in general followed standard (a) Buried Plant/Facilities: The of the Broadband Technology and commercial approaches for completing construction of buried outside plant Opportunities Program (BTOP); a such work (e.g., the use of trenching and facilities generally consists of plowing program that provided grant funding for plowing methods construction methods or trenching cable at a depth of the deployment of broadband to install buried fiber, aerial installation approximately 36″ to 48″ alongside the infrastructure throughout the country. of fiber cables on existing poles, or road usually in a utility corridor or The list of CEs that were developed for collocating antenna equipment on within public road rights-of-way. the BTOP were compiled at the existing towers). These projects were (b) Aerial Plant/Facilities: The Department of Commerce (DOC) initially required to be complete within construction of aerial facilities is either through a joint effort with the U.S. three years of the original award date done by installing new poles and Department of Agriculture’s Rural and intended to be self-sustaining at the hanging cables on it on public rights-of- Utilities Service (RUS); NTIA; DOC’s end of the award period. The way or by installing cables using Energy, Safety, and Environment nationwide scope of BTOP resulted in existing poles lines from a third party. Division; and the National Oceanic and projects being implemented in wide (c) Towers: The construction of towers Atmospheric Administration (NOAA). range of environmental settings (e.g., for cell sites and/or microwave dishes. The BTOP CEs were approved by DOC varying biological, cultural, or socio- Tower construction is typically done by Office of General Counsel and the economic conditions) each requiring a installing a concrete foundation and designated Senior Agency Official for detailed environmental review focusing building the tower on it. The heights of NEPA at NOAA. on the unique characteristics of a Each proposed BTOP CE was the towers vary from 120 feet to 400 specific project area and type of reviewed and deliberated in concept, feet. proposed project. coverage, applicability, and wording by (d) Co-Locations: The mounting or members of the review panel. The panel Each BTOP project was individually installation of an antenna on an existing carefully reviewed the Administrative reviewed for NEPA compliance prior to tower, building, or structure for the Record on each of the CEs to ensure funding. Based on NTIA’s review, the purpose of transmitting and/or receiving they fulfilled the goal of balancing CEs below applied to 133 projects and radio frequency signal for increased administrative efficiency in 100 projects, primarily the communication purposes. NEPA compliance with avoidance of infrastructure projects, were required to (e) Building construction generally misinterpretations and misapplications complete an Environmental Assessment consists of installing small pre- of exclusionary language that could lead (EA) due to the potential existence of fabricated shelters on tower sites that to non-compliance with NEPA extraordinary circumstances. Typically, are used for housing electronic requirements. The review panel these extraordinary circumstance equipment. These shelters are usually concurred that the below listed BTOP included project implementation placed on concrete pads and generally CEs meet both objectives. activities in locations where NTIA could require very minimal disturbance of the The proposed FirstNet CEs are not reasonably determine a project’s land. On an extremely rare occasion, the currently in use by other agencies and potential effect on environmentally or construction of a headquarters and/or are comparable to those applied by culturally sensitive resources (i.e., warehouse building may be necessary. NTIA as part of BTOP. Specifically, project activities occurring on or near The amount of land disturbance these CEs are comparable because they endangered habitat or species, water resulting from this type of construction (1) relate to planning, deployment, and resources, historic properties, or tribal can vary depending on the size of the construction of broadband country) based on its review of an proposed building. infrastructure; (2) utilize the same applicant’s responses to the (f) Power Units: The installation of methods and equipment of installing environmental questionnaire and power units, such as an uninterruptible broad infrastructure; (3) are not project descriptions and mapping power supply (UPS), could be added to restricted to an environmental setting or submitted as part of the BTOP existing third party tower sites either on geographic region of the country; and (4) application. To date, NTIA has reviewed the existing concrete pad or by adding subject to review for extraordinary and adopted 99 EAs and issued a a new concrete pad if required at the circumstances. Finding of No Significant Impact site. NTIA, through BTOP, provided over (FONSI) for each of those projects, with FirstNet is also required to leverage, $4 billion in federal funding to 233 the completion and review of one EA to the maximum extent economically projects to construct and expand still in process. When evaluating the possible, existing commercial telecommunications infrastructure and effects of the completed projects where infrastructure in its deployment and increase broadband adoption an EA was prepared and reviewed and operation of the PSBN.

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The geographic scope of the PSBN A–4: Purchase of existing facilities or A–10: Changes or additions to will, like BTOP, encompass all U.S. a portion thereof where use or operation existing substations, switching stations, states and territories. Thus, FirstNet will remain unchanged. This categorical telecommunications switching or actions will likely occur in a wide range exclusion is supported by long-standing multiplexing centers, or external of environmental settings and require categorical exclusions and changes to buildings or small structures FirstNet to establish a process akin to administrative records. In particular, requiring one acre (0.4 hectare) or more that instituted by BTOP for analyzing these include exclusions from the U.S. but no more than five acres (2 hectares) proposed actions and making NEPA Department of Commerce, U.S. of new physically disturbed land or determinations based on the specific Department of Agriculture and U.S. fenced property. This categorical location and type of proposed project Department of Homeland Security. exclusion is supported by long-standing activities of which the proposed CEs A–5: Internal modifications or categorical exclusions and would be an integral part. Accordingly, equipment additions (e.g., computer administrative records. In particular, because the characteristics of the actions facilities, relocating interior walls) to these include exclusions from the U.S. in deploying and operating the PSBN structures or buildings. This categorical Department of Commerce and U.S. are comparable in intensity, scope, and exclusion is supported by long-standing Department of Agriculture. geography to BTOP projects and based categorical exclusions and A–11: Construction of substations, on the outcomes of NTIA applying these administrative records. In particular, switching stations, or CEs to BTOP projects, FirstNet has these include exclusions from the U.S. telecommunications switching or determined that the proposed CEs will Department of Commerce, U.S. multiplexing centers requiring no more not have significant impacts on the Department of Agriculture and U.S. than five acres (2 hectares) of new human environment. Department of Homeland Security. physically disturbed land or fenced A–6: Construction of buried and aerial property. This categorical exclusion is III. Proposed FirstNet Categorical telecommunications lines, cables and supported by long-standing categorical Exclusions related facilities. This categorical exclusions and administrative records. Certain types of actions undertaken by exclusion is supported by long-standing In particular, these include exclusions FirstNet will not normally require the categorical exclusions and from the U.S. Department of Commerce completion of an environmental administrative records. In particular, and U.S. Department of Agriculture. assessment or an environmental impact these include exclusions from the U.S. A–12. Changes or additions to statement. These proposed categorical Department of Commerce, U.S. microwave sites, substations, switching exclusions include: Department of Agriculture, U.S. stations, telecommunications switching A–1: The issuance of bulletins and Department of the Interior and U.S. or multiplexing centers, buildings, or information publications that do not Department of Energy. small structures requiring new physical concern environmental matters or A–7: Construction of microwave disturbance or fencing of less than one substantial facility design, construction facilities involving no more than five acre (0.4 hectare). This categorical or maintenance practices. This acres (2 hectares) of physical exclusion is supported by long-standing categorical exclusion is supported by disturbance at any single site. This categorical exclusions and long-standing categorical exclusions and categorical exclusion is supported by administrative records. In particular, administrative records. In particular, long-standing categorical exclusions and these include exclusions from the U.S. these include exclusions from the U.S. administrative records. In particular, Department of Commerce and U.S. Department of Commerce, U.S. these include exclusions from the U.S. Department of Agriculture. Department of Agriculture, U.S. Department of Commerce, U.S. A–13: Ordinary maintenance or Department of Homeland Security, Department of Agriculture and U.S. replacement of equipment or small Federal Emergency Management Department of Energy. structures (e.g., line support structures, Agency, U.S. Coast Guard, U.S. Navy, A–8: Construction of cooperative or line transformers, microwave facilities, U.S. Air Force, U.S. General company headquarters, maintenance telecommunications remote switching Administrative Services and the U.S. facilities, or other buildings involving and multiplexing sites). This categorical Department of the Interior. no more than 10 acres (4 hectares) of exclusion is supported by long-standing A–2: Procurement activities related to physical disturbance or fenced property. categorical exclusions and the day-to-day operation of FirstNet In particular, these include exclusions administrative records. In particular, including routine procurement of goods from the U.S. Department of Commerce, these include exclusions from the U.S. and services. This categorical exclusion U.S. Department of Agriculture, U.S. Department of Commerce, U.S. is supported by long-standing Navy and National Aeronautics and Department of Agriculture and U.S. categorical exclusions and Space Administration (NASA). Department of Energy. administrative records. In particular, A–9: Changes to existing transmission A–14: The construction of these include exclusions from the U.S. lines that involve less than 20 percent telecommunications facilities within the Department of Commerce, U.S. pole replacement, or the complete fenced area of an existing substation, Department of Agriculture, U.S. rebuilding of existing distribution lines switching station, or within the Department of Homeland Security, U.S. within the same right of way. Changes boundaries of an existing electric Coast Guard, U.S. Navy and U.S. Air to existing transmission lines that generating facility site. This categorical Force. require 20 percent or greater pole exclusion is supported by long-standing A–3: Personnel and Administrative replacement will be considered the categorical exclusions and Actions. This categorical exclusion is same as new construction. This administrative records. In particular, supported by long-standing categorical categorical exclusion is supported by these include exclusions from the U.S. exclusions and administrative records. long-standing categorical exclusions and Department of Commerce, U.S. In particular, these include exclusions administrative records. In particular, Department of Agriculture and U.S. from the U.S. Department of Commerce, these include exclusions from the U.S. Department of Energy. U.S. Department of Agriculture, U.S. Department of Commerce, U.S. A–15: Testing or monitoring work Department of Homeland Security, U.S. Department of Agriculture and U.S. (e.g., soil or rock core sampling, Coast Guard and U.S. Army. Department of Energy. monitoring wells, air monitoring). This

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categorical exclusion is supported by of PRA unless that collection of Office of Patent Legal Administration, long-standing categorical exclusions and information displays a currently valid Office of the Deputy Commissioner for administrative records. In particular, OMB control number. Patent Examination Policy, by telephone these include exclusions from the U.S. Dated: December 30, 2013. at (571) 272–7727, or by mail addressed Department of Commerce, U.S. Stuart Kupinsky, to: Mail Stop Comments—Patents, Department of Agriculture and U.S. Commissioner for Patents, P.O. Box Department of Energy. Chief Counsel, First Responder Network Authority. 1450, Alexandria, VA 22313–1450, A–16: Studies and engineering marked to the attention of Eugenia A. [FR Doc. 2013–31493 Filed 1–3–14; 8:45 am] undertaken to define proposed actions Jones. or alternatives sufficiently so that BILLING CODE 3510–60–P Inquiries regarding this notice may be environmental effects can be assessed. directed to the Office of Patent Legal This categorical exclusion is supported DEPARTMENT OF COMMERCE Administration, by telephone at (571) by long-standing categorical exclusions 272–7701, or by electronic mail at and administrative records. In Patent and Trademark Office [email protected]. particular, these include exclusions SUPPLEMENTARY INFORMATION: On [Docket No. PTO–P–2013–0061] from the U.S. Department of Commerce, December 8, 2010, the USPTO U.S. Department of Agriculture and U.S. Extension of the Extended Missing implemented a change to missing parts Department of Energy. practice in certain nonprovisional A–17: Rebuilding of power lines or Parts Pilot Program applications as a pilot program (i.e., telecommunications cables where road AGENCY: United States Patent and Extended Missing Parts Pilot Program) or highway reconstruction requires the Trademark Office, Commerce. after considering written comments applicant to relocate the lines either ACTION: within or adjacent to the new road or Notice. from the public. See Pilot Program for Extended Time Period To Reply to a highway easement or right-of-way. This SUMMARY: The United States Patent and categorical exclusion is supported by Notice to File Missing Parts of Trademark Office (USPTO) Nonprovisional Application, 75 FR long-standing categorical exclusions and implemented a pilot program (Extended administrative records. In particular, 76401 (Dec. 8, 2010), 1362 Off. Gaz. Pat. Missing Parts Pilot Program) in which Office 44 (Jan. 4, 2011). The USPTO has these include exclusions from the U.S. an applicant, under certain conditions, Department of Commerce, U.S. twice extended the Extended Missing can request a twelve-month time period Parts Pilot Program. See Extension of the Department of Agriculture and U.S. to pay the search fee, the examination Department of Energy. Extended Missing Parts Pilot Program, fee, any excess claim fees, and the 76 FR 78246 (Dec. 16, 2011), 1374 Off. A–18: Phase or voltage conversions, surcharge (for the late submission of the reconductoring, or upgrading of existing Gaz. Pat. Office 113 (Jan. 10, 2012), and search fee and the examination fee) in Extension of the Extended Missing Parts electric Distribution lines, or a nonprovisional application. The telecommunication facilities. This Pilot Program, 78 FR 2256 (Jan. 10, Extended Missing Parts Pilot Program 2013), 1387 Off. Gaz. Pat. Office 46 categorical exclusion is supported by benefits applicants by permitting long-standing categorical exclusions and (Feb. 5, 2013). additional time to determine if patent The USPTO is further extending the administrative records. In particular, protection should be sought—at a these include exclusions from the U.S. Extended Missing Parts Pilot Program relatively low cost—and by permitting until December 31, 2014. The USPTO Department of Commerce, U.S. applicants to focus efforts on Department of Agriculture and U.S. may further extend the Extended commercialization during this period. Missing Parts Pilot Program, or may Department of Energy. The Extended Missing Parts Pilot A–19: Construction of standby diesel discontinue the pilot program after Program benefits the USPTO and the electric generators (one megawatt or less December 31, 2014, depending on the public by adding publications to the total capacity) and associated facilities, results of the program. The body of prior art, and by removing from for the primary purpose of providing requirements of the program, which the USPTO’s workload those emergency power, at an existing have not been modified, are reiterated nonprovisional applications for which applicant headquarters or district office, below. Applicants are strongly applicants later decide not to pursue telecommunications switching or cautioned to review the pilot program examination. The USPTO is extending multiplexing site, or at an industrial, requirements before making a request to the Extended Missing Parts Pilot commercial or agricultural facility participate in the Extended Missing Program until December 31, 2014, to served by the applicant. This categorical Parts Pilot Program. better gauge whether the Extended exclusion is supported by long-standing The USPTO cautions all applicants Missing Parts Program offers sufficient categorical exclusions and that, in order to claim the benefit of a benefits to the patent community for it administrative records. In particular, prior provisional application, the statute to be made permanent. these include exclusions from the U.S. requires a nonprovisional application Department of Commerce and U.S. DATES: Duration: The Extended Missing filed under 35 U.S.C. 111(a) to be filed Department of Agriculture. Parts Pilot Program will run through within twelve months after the date on December 31, 2014. Therefore, any which the corresponding provisional IV. Paperwork Reduction Act certification and request to participate application was filed. See 35 U.S.C. The notice does not contain in the Extended Missing Parts Pilot 119(e). It is essential that applicants collection-of-information requirements Program must be filed before December understand that the Extended Missing subject to the Paperwork Reduction Act 31, 2014. The USPTO may further Parts Pilot Program cannot and does not (PRA) of 1995 (44 U.S.C. 3501 et seq.). extend the pilot program (with or change this statutory requirement. Title Notwithstanding any other provisions of without modifications) depending on II of the Patent Law Treaties law, no person is required to, nor shall the feedback received and the continued Implementation Act of 2012 (PLTIA) a person be subject to penalty for failure effectiveness of the pilot program. amends the provisions of title 35, to comply with, a collection of FOR FURTHER INFORMATION CONTACT: United States Code, to implement the information subject to the requirements Eugenia A. Jones, Senior Legal Advisor, Patent Law Treaty (PLT). See Public

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Law 112–211, sections 20 through 203, This change is effective December 18, available on the USPTO Web site at 126 Stat. 1527, 1533–37 (2012). In the 2013, and applies to any application http://www.uspto.gov/ebc/index.jsp. rulemaking to implement the PLT and filed under 35 U.S.C. 111 on or after The utility application including the title II of the PLTIA, the Office provided December 18, 2013. However, if an certification and request to participate that an applicant may file a petition to application is filed without any claims, in the pilot program may also be hand- restore the benefit of a provisional the Office of Patent Application carried to the USPTO or filed by mail, application filed up to fourteen months Processing (OPAP) will issue a notice for example, by ‘‘Express Mail’’ (now earlier. See Changes To Implement the giving the applicant a two-month ‘‘Priority Mail Express’’) in accordance Patent Law Treaty, 78 FR 62367, 62368– (extendable) time period within which with 37 CFR 1.10. However, applicants 69 (Oct. 21, 2013) (final rule). Any to submit at least one claim in order to are advised that, effective November 15, petition to restore the benefit of a avoid abandonment (see 37 CFR 1.53(f)). 2011, as provided in the Leahy-Smith provisional application must include The Extended Missing Parts Pilot America Invents Act, a new additional the benefit claim, the petition fee and a Program does not change this time fee of $400.00 for a non-small entity ($200.00 for a small entity) is due for statement that the delay in filing the period. In accordance with 35 U.S.C. any nonprovisional utility patent subsequent application was 122(b), the USPTO will publish the application that is not filed by EFS-Web. unintentional. This change is effective application promptly after the December 18, 2013, and applies to any See Public Law 112–29, § 10(h), 125 expiration of eighteen months from the application filed before, on, or after Stat. 283, 319 (2011). This non- earliest filing date for which benefit is December 18, 2013. However, if a electronic filing fee is due on filing of sought. Therefore, the nonprovisional petition to restore the benefit claim of a the utility application or within the two- prior provisional application is application should also be in condition month (extendable) time period to reply required, the application is not eligible for publication as provided in 37 CFR to the Notice to File Missing Parts of for participation in the Extended 1.211(c). The following are required in Nonprovisional Application. Applicants Missing Parts Pilot Program. order for the nonprovisional application will not be given the twelve-month time I. Requirements: In order for an to be in condition for publication: (1) period to pay the non-electronic filing applicant to be provided a twelve- The basic filing fee; (2) the executed fee. Therefore, utility applicants are month (non-extendable) time period to inventor’s oath or declaration in strongly encouraged to file their utility pay the search and examination fees and compliance with 37 CFR 1.63 or an applications via EFS-Web to avoid this any required excess claims fees in application data sheet containing the additional fee. response to a Notice to File Missing information specified in 37 CFR 1.63(b); For plant patent applications, Parts of Nonprovisional Application (3) a specification in compliance with applicant must file the application under the Extended Missing Parts Pilot 37 CFR 1.52; (4) an abstract in including the certification and request Program, the applicant must satisfy the compliance with 37 CFR 1.72(b); (5) to participate in the pilot program by following conditions: (1) Applicant drawings in compliance with 37 CFR mail or hand-carried to the USPTO must submit a certification and request 1.84 (if applicable); (6) any application since plant patent applications cannot to participate in the Extended Missing size fee required under 37 CFR 1.16(s); be filed electronically using EFS-Web. Parts Pilot Program with the (7) any English translation required by See Legal Framework for Electronic nonprovisional application on filing, 37 CFR 1.52(d); and (8) a sequence Filing System Web (EFS-Web), 74 FR preferably by using Form PTO/AIA/421 listing in compliance with 37 CFR 55200 (Oct. 27, 2009), 1348 Off. Gaz. titled ‘‘Certification and Request for 1.821–1.825 (if applicable). The USPTO Pat. Office 394 (Nov. 24, 2009). Extended Missing Parts Pilot Program;’’ also requires any compact disc II. Processing of Requests: If applicant (2) the application must be an original requirements to be satisfied, and an satisfies the requirements (discussed (i.e., not a Reissue) nonprovisional English translation of the provisional above) on filing of the nonprovisional utility or plant application filed under application to be filed in the provisional application and the application is in 35 U.S.C. 111(a) within the duration of application if the provisional condition for publication, the USPTO the pilot program; (3) the application was filed in a non-English will send applicant a Notice to File nonprovisional application must language and a translation has not yet Missing Parts of Nonprovisional directly claim the benefit under 35 been filed. If the requirements for Application that sets a twelve-month U.S.C. 119(e) and 37 CFR 1.78 of a prior publication are not met, applicant will (non-extendable) time period to submit provisional application filed within the need to satisfy the publication the search fee, the examination fee, any previous twelve months; the specific requirements within a two-month excess claims fees (under 37 CFR 1.16(h)-(j)), and the surcharge under 37 reference to the provisional application extendable time period. must be in an application data sheet CFR 1.16(f) (for the late submission of under 37 CFR 1.76 (see 37 CFR As noted above, applicants should the search fee and examination fee). The 1.78(a)(3)); and (4) applicant must not request participation in the Extended twelve-month time period will run from have filed a nonpublication request. Missing Parts Pilot Program by using the mailing date, or notification date for As required for all nonprovisional Form PTO/AIA/421. For utility patent e-Office Action participants, of the applications, applicant will need to applications, applicant may file the Notice to File Missing Parts. For satisfy filing date requirements and application and the certification and information on the e-Office Action publication requirements. In the request electronically using the USPTO program, see Electronic Office Action, rulemaking to implement the PLT and electronic filing system, EFS-Web, and 1343 Off. Gaz. Pat. Office 45 (June 2, title II of the PLTIA, the Office provided selecting the document description of 2009), and http://www.uspto.gov/ that an application (other than an ‘‘Certification and Request for Missing patents/process/status/e-Office_ application for a design patent) filed on Parts Pilot’’ for the certification and Action.jsp. After an applicant files a or after December 18, 2013, is not request on the EFS-Web screen. Form timely reply to the Notice to File required to include a claim to be PTO/AIA/421 is available on the Missing Parts within the twelve-month entitled to a filing date. See Changes To USPTO Web site at http:// time period and the nonprovisional Implement the Patent Law Treaty, 78 FR www.uspto.gov/forms/aia0421.pdf. application is completed, the 62367, 62638 (Oct. 21, 2013) (final rule). Information regarding EFS-Web is nonprovisional application will be

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placed in the examination queue based available only if the claims that are USPTO hosted a roundtable discussion on the actual filing date of the published in the patent application on the USPTO’s prior art searching nonprovisional application. publication are substantially identical to techniques and tools. At the roundtable, For a detailed discussion regarding the patented claims that are infringed, the USPTO spoke on the prior art treatment of applications that are not in assuming timely actual notice is resources currently utilized by condition for publication, processing of provided. Thus, the importance of the examiners and listened to external improper requests to participate in the claims that are included in the patent speakers and the public on additional program, and treatment of application publication should not be prior art resources and improved search authorizations to charge fees, see Pilot overlooked. techniques. In order to receive further Program for Extended Time Period To Applicants are also advised that the feedback from stakeholders, the USPTO Reply to a Notice to File Missing Parts extended missing parts period does not is requesting comments on the questions of Nonprovisional Application, 75 FR affect the twelve-month priority period regarding prior art resources and search 76401, 76403–04 (Dec. 8, 2010), 1362 provided by the Paris Convention for techniques set forth below. Off. Gaz. Pat. Office 44, 47–49 (Jan. 4, the Protection of Industrial Property DATES: Comment Deadline: To be 2011). (Paris Convention). Accordingly, any ensured of consideration, written III. Important Reminders: Applicants foreign filings must still be made within comments must be received on or before are reminded that the disclosure of an twelve months of the filing date of the March 14, 2014. No public hearing will invention in a provisional application provisional application if applicant be held. should be as complete as possible wishes to rely on the provisional Addresses for Comments: Written because the claimed subject matter in application in the foreign-filed comments should be sent by electronic the later-filed nonprovisional application or if protection is desired in mail addressed to application must have support in the a country requiring filing within twelve [email protected]. provisional application in order for the months of the earliest application for Comments may also be submitted by applicant to obtain the benefit of the which rights are left outstanding in mail addressed to: Mail Stop filing date of the provisional order to be entitled to priority. Comments—Patents, Commissioner for application. For additional reminders, see Pilot Patents, P.O. Box 1450, Alexandria, VA Furthermore, the nonprovisional Program for Extended Time Period To 22313–1450, marked to the attention of application as originally filed must have Reply to a Notice to File Missing Parts Seema Rao, Director, Technology Center a complete disclosure that complies of Nonprovisional Application, 75 FR 2100. Although comments may be with 35 U.S.C. 112(a) which is sufficient 76401, 76405 (Dec. 8, 2010), 1362 Off. submitted by mail, the USPTO prefers to to support the claims submitted on Gaz. Pat. Office 44, 50 (Jan. 4, 2011). filing and any claims submitted later receive comments via the Internet. The comments will be available for during prosecution. New matter cannot Dated: December 31, 2013. public inspection at the Office of the be added to an application after the Margaret A. Focarino, Commissioner for Patents, located in filing date of the application. See 35 Commissioner for Patents, Performing the Madison East, Tenth Floor, 600 Dulany U.S.C. 132(a). In the rulemaking to functions and duties of the Under Secretary Street, Alexandria, Virginia, and will be implement the PLT and title II of the of Commerce for Intellectual Property and available via the USPTO Internet Web PLTIA, the Office provided that in order Director of the United States Patent and Trademark Office. site at http://www.uspto.gov. Because to be accorded a filing date, a nonprovisional application (other than [FR Doc. 2013–31574 Filed 1–3–14; 8:45 am] comments will be available for public an application for a design patent) must BILLING CODE 3510–16–P inspection, information that is not include a specification with or without desired to be made public, such as an claims. See Changes To Implement the address or phone number, should not be DEPARTMENT OF COMMERCE Patent Law Treaty, 78 FR 62367, 62369 included in the comments. Parties who (Oct. 21, 2013) (final rule). This change would like to rely on confidential United States Patent and Trademark information to illustrate a point are is effective December 18, 2013, and Office applies to any application filed under requested to summarize or otherwise 35 U.S.C. 111 on or after December 18, [Docket No.: PTO–P–2013–0064] submit the information in a way that 2013. Although a claim is not required will permit its public disclosure. in a nonprovisional application (other Request for Comments Regarding FOR FURTHER INFORMATION CONTACT: than an application for a design patent) Prior Art Resources for Use in the Seema Rao, Director, Technology Center for filing date purposes and applicant Examination of Software-Related 2100, by telephone at 571–272–0800, or may file an amendment adding Patent Applications by electronic mail message at additional claims as prescribed by 35 AGENCY: United States Patent and [email protected]. U.S.C. 112 and drawings as prescribed Trademark Office, Commerce. SUPPLEMENTARY INFORMATION: The by 35 U.S.C. 113 later during ACTION: Request for comments. USPTO conducted a Software prosecution, applicant should consider Partnership meeting on December 5, the benefits of submitting a complete set SUMMARY: The United States Patent and 2013, in Alexandria, Virginia, focused of claims and any necessary drawings Trademark Office (USPTO) has formed on the topic of prior art resources for on filing of the nonprovisional a partnership with the software use during the examination of software- application. This would reduce the community to enhance the quality of related applications. The meeting likelihood that any claims and/or software-related patents (Software featured both internal and external drawings added later during Partnership). The Software Partnership stakeholders’ presentations, along with prosecution might be found to contain is an opportunity to bring stakeholders an open discussion session aimed to new matter. Also, if a patent is granted together through a series of roundtable collect input on how the agency can and the patentee is successful in discussions to share ideas, feedback, enhance prior art searching through the litigation against an infringer, experiences, and insights on software- use of search strategies, tools, and provisional rights to a reasonable related patents. On December 5, 2013, as databases. Details of the meeting along royalty under 35 U.S.C. 154(d) may be part of the Software Partnership, the with all presentation materials can be

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found on the Prior Art Search micro-site that will be furnished by nonprofit employing persons who are blind or available at http://www.uspto.gov/ agency employing persons who are have other severe disabilities, and patents/init_events/prior_art_search.jsp. blind or have other severe disabilities. deletes services from the Procurement Currently, the Office has access to a DATES: Comments Must Be Received On List previously provided by such variety of internal and external Or Before: 2/6/2014. agencies. resources for searching and accessing ADDRESSES: Committee for Purchase DATES: Effective Date: 2/6/2014. prior art. Internally, the Office utilizes From People Who Are Blind or Severely the Examiner’s Automated Search Tool ADDRESSES: Committee for Purchase Disabled, 1401 S. Clark Street, Suite From People Who Are Blind or Severely (EAST), Web Examiner Search Tool 10800, Arlington, Virginia 22202–4149. (WEST), and a variety of vendor Disabled, 1401 S. Clark Street, Suite FOR FURTHER INFORMATION OR TO SUBMIT databases to provide examiners with 10800, Arlington, Virginia, 22202–4149. COMMENTS CONTACT: Barry S. Lineback, access to U.S. and foreign patents and FOR FURTHER INFORMATION CONTACT: Telephone: (703) 603–7740, Fax: (703) patent application publications using Barry S. Lineback, Telephone: (703) 603–0655, or email CMTEFedReg@ both classification and textual 603–7740, Fax: (703) 603–0655, or email AbilityOne.gov. searching. Externally, the Scientific and [email protected]. Technical Information Center (STIC) SUPPLEMENTARY INFORMATION: This SUPPLEMENTARY INFORMATION: notice is published pursuant to 41 USC provides examiners with access to non- Additions patent literature in several art-specific 8503 (a)(2) and 41 CFR 51–2.3. Its print collections and electronic purpose is to provide interested persons On 11/8/2013 (78 FR 67129–67130) resources totaling over 500 databases, an opportunity to submit comments on and 11/15/2013 (78 FR 68823–68824), 59,000 electronic journals and 175,000 the proposed action. the Committee for Purchase From People Who Are Blind or Severely e-books. A listing of the Office’s prior Addition art resources may be found at http:// Disabled published notices of proposed www.uspto.gov/patents/resources/ If the Committee approves the additions to the Procurement List. priorart.jsp. proposed addition, the entities of the After consideration of the material As a follow-up to the Prior Art Federal Government identified in this presented to it concerning capability of Software Partnership Meeting, the notice will be required to procure the qualified nonprofit agencies to provide Office is asking stakeholders for further product listed below from the nonprofit the products and impact of the ideas to improve the quality and agency employing persons who are additions on the current or most recent efficiency of searching software-related blind or have other severe disabilities. contractors, the Committee has inventions. In particular, the Office The following product is proposed for determined that the products listed seeks comments on the following addition to the Procurement List for below are suitable for procurement by questions: production by the nonprofit agency the Federal Government under 41 U.S.C. 1. What specific databases, Web sites, listed: 8501–8506 and 41 CFR 51–2.4. tools and other resources do you find Regulatory Flexibility Act Certification useful in searching for software-related Product: inventions? Please indicate strengths CD–R Silver w/Jewel Case, 10pk I certify that the following action will and limitations of each resource. NSN: 7045–01–482–7540. not have a significant impact on a 2. What are your concerns regarding NPA: North Central Sight Services, Inc., substantial number of small entities. the manner in which USPTO examiners Williamsport, PA. The major factors considered for this formulate and implement search Contracting Activity: DEFENSE LOGISTICS certification were: strategies to identify prior art for AGENCY TROOP SUPPORT, 1. The action will not result in any software related inventions? How PHILADELPHIA, PA. additional reporting, recordkeeping or should these concerns be addressed? Coverage: B-List for the Broad Government other compliance requirements for small Requirement as aggregated by Defense entities other than the small Date: December 30, 2013. Logistics Agency Troop Support, organizations that will furnish the Margaret A. Focarino, Philadelphia, PA. products to the Government. Commissioner for Patents, Performing the 2. The action will result in Barry S. Lineback, functions and duties of the Under Secretary authorizing small entities to furnish the of Commerce for Intellectual Property and Director, Business Operations. products to the Government. Director of the United States Patent and [FR Doc. 2013–31529 Filed 1–3–14; 8:45 am] Trademark Office. 3. There are no known regulatory BILLING CODE 6353–01–P alternatives which would accomplish [FR Doc. 2013–31492 Filed 1–3–14; 8:45 am] the objectives of the Javits-Wagner- BILLING CODE 3510–16–P O’Day Act (41 U.S.C. 8501–8506) in COMMITTEE FOR PURCHASE FROM connection with the products proposed PEOPLE WHO ARE BLIND OR for addition to the Procurement List. COMMITTEE FOR PURCHASE FROM SEVERELY DISABLED PEOPLE WHO ARE BLIND OR End of Certification Procurement List; Additions And SEVERELY DISABLED Accordingly, the following products Deletions are added to the Procurement List: Procurement List; Proposed Addition AGENCY: Committee for Purchase From AGENCY: Committee for Purchase From People Who Are Blind or Severely Products: People Who Are Blind or Severely Disabled. Pen, Roller Ball, Liquid Ink, Retractable, Disabled. ACTION: Additions to and Deletions from Needle Point, Airplane Safe ACTION: Proposed Addition to the the Procurement List. NSN: 7520–00–NIB–1932—0.5 mm, Procurement List. Refillable, Black SUMMARY: This action adds products to NSN: 7520–00–NIB–1933—0.5 mm, SUMMARY: The Committee is proposing the Procurement List that will be Refillable, Blue to add a product to the Procurement List furnished by nonprofit agencies NSN: 7520–00–NIB–1934—0.7 mm,

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Refillable, Black 4020 Durand Avenue, Racine, WI. with the committee meeting will be NSN: 7520–00–NIB–1935—0.7 mm, NPA: Lakeside Curative Services, Inc., made available to the public. Refillable, Blue Racine, WI. Coverage: A-List for the Total Government Contracting Activity: GSA/PUBLIC FOR FURTHER INFORMATION CONTACT: Requirement as aggregated by the BUILDINGS SERVICE, PROPERTY Amir Zaidi, TAC Designated Federal General Services Administration. MANAGEMENT SERVICE CENTER, Officer, Commodity Futures Trading MILWAUKEE, WI. Commission, Three Lafayette Centre, Refill, Roller Ball, Liquid Ink, Airplane Safe Service Type/Location: Janitorial/Custodial NSN: 7510–00–NIB–2241—0.5 mm, Black Service, Naval Reserve Center, La Crosse, 1155 21st Street NW., Washington, DC NSN: 7510–00–NIB–9896—0.5 mm, Blue WI. 20581, (202) 418–6770. NSN: 7510–00–NIB–9897—0.7 mm, Black NPA: Riverfront Activity Center, Inc., La SUPPLEMENTARY INFORMATION: NSN: 7510–00–NIB–9898—0.7 mm, Blue Crosse, WI. The CFTC Coverage: B-List for the Broad Government Contracting Activity: DEPT OF THE NAVY, TAC will hold a public meeting on Requirement as aggregated by the NAVAL FAC ENGINEEERING CMD Tuesday, January 21, 2014, from 10 a.m. General Services Administration. MIDWEST, GREAT LAKES, IL. to 5 p.m. at the CFTC’s Washington, DC, NPA: San Antonio Lighthouse for the Blind, Service Type/Location: Shelf Stocking headquarters. The TAC meeting will San Antonio, TX Service, Brunswick Naval Air Station, 35 focus on significant issues facing the Contracting Activity: GENERAL SERVICES Dominion Avenue, Building 335, futures and swaps industries as the ADMINISTRATION, NEW YORK, NY Topsham, ME. NSN: 8950–01–E62–2180—Pepper, Crushed NPA: Pathways, Inc., Auburn, ME. Commission continues to implement Red, 12 oz. Bottle, 6/CS Contracting Activity: DEFENSE rules under the Dodd-Frank Act. These NPA: CDS Monarch, Webster, NY COMMISSARY AGENCY, FORT LEE, issues include: (1) Data standardization Contracting Activity: DEFENSE LOGISTICS VA. in the context of swap data repository AGENCY TROOP SUPPORT, reporting; (2) the Commission’s concept PHILADELPHIA, PA Barry S. Lineback, Coverage: C-List for 100% of the requirement release on automated trading Director, Business Operations. of the Department of Defense as environments; and (3) various issues aggregated by the Defense Logistics [FR Doc. 2013–31528 Filed 1–3–14; 8:45 am] surrounding the operation of swap Agency Troop Support, Philadelphia, BILLING CODE 6353–01–P execution facilities. PA. The meeting will be open to the public with seating on a first-come, first- Deletions COMMODITY FUTURES TRADING served basis. Persons requiring special COMMISSION On 11/22/2013 (78 FR 70022–70023), accommodations to attend the meeting the Committee for Purchase From Meeting of Technology Advisory because of a disability should notify the People Who Are Blind or Severely contact person listed above. Disabled published notice of proposed Committee Members of the public may also listen deletions from the Procurement List. AGENCY: Commodity Futures Trading After consideration of the relevant Commission. to the meeting by telephone by calling matter presented, the Committee has a toll-free telephone line to connect to ACTION: Notice. determined that the services listed a live, listen-only audio feed. Call-in below are no longer suitable for SUMMARY: The Commodity Futures participants should be prepared to procurement by the Federal Government Trading Commission (CFTC) announces provide their first name, last name, and under 41 U.S.C. 8501–8506 and 41 CFR that on January 21, 2014, the CFTC’s affiliation. The call-in information is as 51–2.4. Technology Advisory Committee (TAC) follows: Regulatory Flexibility Act Certification will hold a public meeting at the CFTC’s Domestic Toll Free: 1–866–844–9416. Washington, DC, headquarters from I certify that the following action will 10:00 a.m. to 5:00 p.m. The TAC will International Toll and Toll Free: Will not have a significant impact on a focus on swap data repository reporting; be posted on the CFTC’s Web site, substantial number of small entities. the Commission’s concept release on http://www.cftc.gov, on the page for the The major factors considered for this automated trading environments; and meeting, under Related Documents. certification were: swap execution facilities. Conference ID: 3246665. 1. The action will not result in DATES: The meeting will be held on Pass Code/Pin Code: 7985569. additional reporting, recordkeeping or January 21, 2014. Members of the public other compliance requirements for small who wish to submit written statements After the meeting, a transcript of the entities. in connection with the meeting should meeting will be published through a 2. The action may result in submit them by January 14, 2014. link on the CFTC’s Web site, http:// authorizing small entities to provide the www.cftc.gov. All written submissions services to the Government. ADDRESSES: The meeting will take place in the Conference Center at the CFTC’s provided to the CFTC in any form will 3. There are no known regulatory also be published on the CFTC’s Web alternatives which would accomplish headquarters, Three Lafayette Centre, site. the objectives of the Javits-Wagner- 1155 21st Street NW., Washington, DC O’Day Act (41 U.S.C. 8501–8506) in 20581. Written statements should be Authority: 5 U.S.C. Appendix, Federal connection with the services deleted submitted by electronic mail to: Advisory Committee Act, Sec. 10(a)(2). [email protected]. Statements may also from the Procurement List. Dated: January 2, 2014. be submitted by mail to: Commodity End of Certification Futures Trading Commission, Three Christopher J. Kirkpatrick, Accordingly, the following services Lafayette Centre, 1155 21st Street NW., Deputy Secretary of the Commission. are deleted from the Procurement List: Washington, DC 20581, attention: Office [FR Doc. 2014–00019 Filed 1–3–14; 8:45 am] of the Secretary. Please use the title BILLING CODE 6351–01–P Services: ‘‘Technology Advisory Committee’’ in Service Type/Location: Janitorial/Custodial any written statement you submit. Any Service, Social Security Administration: statements submitted in connection

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DEPARTMENT OF DEFENSE rosters that list the names of BoV alternatives specifically for the Chicago members and any releasable materials Area Waterway System (CAWS) with Department of the Air Force presented during the open portions of the goal of preventing ANS transfer this BoV meeting shall be made between the two basins. U.S. Air Force Academy Board of available upon request. USACE conducted GLMRIS in Visitors Notice of Meeting If after review of timely submitted consultation with other federal agencies, AGENCY: U.S. Air Force Academy Board written comments and the BoV Native American tribes, state agencies, of Visitors. Chairman and DFO deem appropriate, local governments and non- they may choose to invite the submitter governmental organizations. For ACTION: Meeting notice. of the written comments to orally additional information regarding SUMMARY: In accordance with 10 U.S.C. present the issue during an open portion GLMRIS, please refer to the project Web 9355, the U.S. Air Force Academy of the BoV meeting that is the subject of site http://glmris.anl.gov. (USAFA) Board of Visitors (BoV) will this notice. Members of the BoV may This notice announces a comment hold a meeting in the Longworth House also petition the Chairman to allow period during which USACE is seeking Office Building, Room 1310 in specific personnel to make oral public comment on the alternatives Washington, DC, on January 14, 2014. presentations before the BoV. In presented in the report. This notice also The meeting will begin at 10:00 a.m. accordance with 41 CFR 102–3.140(d), announces the dates and times of public The purpose of this meeting is to review any oral presentations before the BoV meetings hosted by USACE for the morale and discipline, social climate, shall be in accordance with agency purpose of providing the public an curriculum, instruction, infrastructure, guidelines provided pursuant to a opportunity to comment on alternatives fiscal affairs, academic methods, and written invitation and this paragraph. and ask questions regarding the GLMRIS other matters relating to the Academy. Direct questioning of BoV members or Report. Specific topics for this meeting include meeting participants by the public is not DATES: USACE announces a public a Superintendent’s Update; an Honor permitted except with the approval of comment period beginning Monday, Oath discussion; OSI Confidential the DFO and Chairman. January 6, 2014, through Monday, Informants discussion; an USAFA Contact Information: For additional March 3, 2014. Please refer to the Personnel Hiring Process discussion; information or to attend this BoV ‘‘GLMRIS Report’’ section below for and one closed session to discuss Status meeting, contact Maj Mark Cipolla, instructions on comment submittal. of Discipline/Investigations. In Accessions and Training Division, AF/ USACE will be hosting seven (7) accordance with 5 U.S.C. 552b, as A1PT, 1040 Air Force Pentagon, public meetings to present information amended, and 41 CFR 102–3.155, one Washington, DC 20330, (703) 695–4066. on the GLMRIS Report and seek session of this meeting shall be closed Henry Williams, comment on alternatives presented in to the public because they involve Acting Air Force Federal Register Liaison the document. These meetings are open matters covered by subsection (c)(6) of Officer. to the public. 5 U.S.C. 552b. Public attendance at the [FR Doc. 2013–31534 Filed 1–3–14; 8:45 am] FOR FURTHER INFORMATION CONTACT: For open portions of this USAFA BoV BILLING CODE P further information and/or questions meeting shall be accommodated on a about GLMRIS, please contact USACE, first-come, first-served basis up to the Chicago District, Project Manager, Mr. reasonable and safe capacity of the DEPARTMENT OF DEFENSE David Wethington, by mail: USACE, meeting room. In addition, any member Chicago District, 231 S. LaSalle, Suite of the public wishing to provide input Department of the Army, Corps of 1500, Chicago, IL 60604, by phone: 312– to the USAFA BoV should submit a Engineers 846–5522 or by email: written statement in accordance with 41 [email protected]. CFR 102–3.140(c) and section 10(a)(3) of Notice for the Great Lakes and For media inquiries, please contact the Federal Advisory Committee Act Mississippi River Interbasin Study USACE, Chicago District, Public Affairs and the procedures described in this (GLMRIS) Officer, Ms. Lynne Whelan, by mail: paragraph. Written statements must AGENCY: Department of the Army, U.S. USACE, Chicago District, 231 S. LaSalle, address the following details: The issue, Army Corps of Engineers, DOD. Suite 1500, Chicago, IL 60604, by phone: 312–846–5330 or by email: discussion, and a recommended course ACTION: Notice. of action. Supporting documentation [email protected]. may also be included as needed to SUMMARY: The U.S. Army Corps of SUPPLEMENTARY INFORMATION: establish the appropriate historical Engineers (USACE), Chicago District has 1. Background: USACE conducted context and provide any necessary posted on http://glmris.anl.gov the Great GLMRIS in consultation with other background information. Written Lakes and Mississippi River Interbasin federal agencies, Native American statements can be submitted to the Study (GLMRIS) Report. The GLMRIS tribes, state agencies, local governments Designated Federal Officer (DFO) at the Report presents a range of options and and non-governmental organizations. Air Force address detailed below at any technologies that could be applied to The GLMRIS authority directed USACE time. However, if a written statement is prevent aquatic nuisance species (ANS) to identify the range of options and not received at least 10 calendar days transfer between the Great Lakes and technologies available to prevent the before the first day of the meeting which Mississippi River basins through aquatic spread of aquatic nuisance species is the subject of this notice, then it may connections. Through a structured study (ANS) between the Great Lakes and not be provided to or considered by the process, USACE identified thirteen ANS Mississippi River Basins through the BoV until its next open meeting. The of Concern established in one basin that Chicago Sanitary and Ship Canal and DFO will review all timely submissions posed a high or medium risk of adverse other aquatic pathways. In GLMRIS, with the BoV Chairman and ensure they impacts by transfer and establishment in USACE has identified thirteen ANS of are provided to members of the BoV the opposite basin. USACE analyzed Concern established in one basin with before the meeting that is the subject of and evaluated available controls to the risk for transfer to the other, this notice. For the benefit of the public, address these ANS, and formulated analyzed and evaluated available ANS

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controls, and formulated alternatives Center, 3815 American Blvd. East, DEPARTMENT OF EDUCATION specifically for the Chicago Area Bloomington, MN 55425. Membership of the Performance Waterway System (CAWS) with the goal 7. Thursday, January 30, 2014: National Review Board of preventing ANS transfer between the Great Rivers Museum, #2 Locks and two basins. 2. The GLMRIS Report: The GLMRIS Dam Way, Alton, IL 62002. Correction Report identifies eight potential Please see the GLMRIS project Web In notice document 2013–30136 alternatives—from continuing current site at http://glmris.anl.gov if you wish appearing on pages 76598 through efforts to complete separation of the to register to make an oral comment at 76599 in the issue of Wednesday, watersheds, and evaluates the potential one of these meetings, and for more December 18, 2013, make the following of these alternatives to control the inter- information regarding the meeting correction: basin spread of thirteen ANS, which including a meeting agenda. Those pre- On page 76598, the list appearing in include fish (such as Asian carp), algae, registering to make oral comments columns two and three is corrected to crustaceans, plants and viruses. The through the project Web site may be read as set forth below. report also identifies potential given a preference over those that ANDERSON, JO significant adverse impacts that register to make oral comments at the ANDERSON, MARGO K. alternatives may have on existing uses meeting. The on-line pre-registration for ANTHONY, PERRY E. and users of the waterways, such as each individual meeting will close at BAKER, JEFFREY S. flood risk management, navigation, and BATTLE, SANDRA G. approximately noon, central time, on water quality, and identifies mitigation BETKA, SUE E. measures that could be implemented to that meeting date. Each individual BUCKLEY, SEAN P. minimize these impacts. wishing to make oral comments shall be CANELLOS, ERNEST C. 3. The GLMRIS Report Comment given three (3) minutes, and a CARR, PEGGY G. Period: The comment period runs from stenographer will document oral CARTER, DENISE L. January 06, 2014 through March 03, comments. If you require assistance CHAVEZ, ANTHONY S. 2014. Comments may be submitted in under the Americans with Disabilities CHISM, MONIQUE M. the following ways: Act, please contact Ms. Lynne Whelan CONATY, JOSEPH C. • GLMRIS project Web site: Use the via email at lynne.e.whelan@ CULATTA, RICHARD web form found at http://glmris.anl.gov usace.army.mil or phone at (312) 846– DANN-MESSIER, BRENDA J. through March 03, 2014; 5330 at least seven (7) working days DAVIS, CONSTANCE T. • Mail: Send written information to prior to the meeting to request DELISLE, DEBORAH S. ‘U. S. Army Corps of Engineers, Chicago arrangements. EASTON, JOHN Q. District, GLMRIS ANS Control ELIADIS, PAMELA D. Comments, 231 S. LaSalle, Suite 1500, Comments received during the ELLIS, KATHRYN A. Chicago, IL 60604’. Comments must be comment period will be posted on the FEELY, HARRY M. postmarked by March 03, 2014; GLMRIS project Web site. You may GALANTER, SETH M. • Hand Delivery: Comments may be indicate that you do not wish to have GARLAND, TERESA A. hand delivered to the USACE, Chicago your name or other personal GIL, LIBIA S. District office located at 231 S. LaSalle information made available on the Web GOMEZ, GABRIELLA St., Suite 1500, Chicago, IL 60604 site. However, USACE cannot guarantee GONIPROW, ALEXANDER between 8:00 a.m. and 4:30 p.m. that information withheld from the Web GRAHAM, DARRELL W. Comments must be received by March site will be maintained as confidential. GREWAL, SATYAMDEEP S. 03, 2014; and Requests for disclosure of collected HALL, LINDA W. • At Public Meetings: All meetings information will be handled through the HAMMOND, PEIRCE A. III are from 4 p.m. to 7 p.m. local time at Freedom of Information Act. Comments HARRIS, DANNY A. the following locations: and information, including the identity HURT, JOHN W. III 1. Thursday, January 9, 2014: Gleacher of the submitter, may be disclosed, JENKINS, HAROLD B. Center, University of Chicago Booth reproduced, and distributed. KANTER, MARTHA JANE School of Business, 450 North Submissions should not include any KEAN, LARRY G. KIM, ROBERT Cityfront Plaza Drive, Chicago, IL information that the submitter seeks to KOEPPEL, DENNIS 60611. preserve as confidential. 2. Tuesday, January 13, 2014: LABRECK, JANET L. Milwaukee Area Technical College, T 4. Authority: This action is being LAKIN, KENNETH CHARLES Building Auditorium, 700 West State undertaken pursuant to the Water LHAMON, CATHERINE E. Street, Milwaukee, WI 53233. Resources and Development Act of LIM, JEANETTE J. 3. Thursday, January 16, 2014: 2007, Section 3061, Pub. L. 110–114, LUCZAK, RONALD J. Cleveland Public Library, 325 and Section 1538 of Public Law 112– MAESTRI, PHILIP A. Superior Ave. NE., Cleveland, OH 141 of the Moving Ahead for Progress in MALAM, PAMELA R. 44114. the 21st Century Act. MANNING, JAMES F. 4. Tuesday, January 21, 2014: University MARIANI, TYRA A. Dated: December 27, 2013. of Michigan League, 911 N University MCFADDEN, ELIZABETH Ave., Ann Arbor, MI 48109. Susanne J. Davis, MCLAUGHLIN, MAUREEN A. 5. Thursday, January 2014: The Hagerty Chief, Planning Branch, Chicago District, MICELI, JULIE Conference Center, Northwestern Corps of Engineers. MOORE, KENNETH R. Michigan College—Great Lakes [FR Doc. 2013–31496 Filed 1–3–14; 8:45 am] MUSGROVE, MELODY B. Campus, 715 E. Front Street, Traverse BILLING CODE 3720–58–P OSGOOD, DEBORA L. City, MI 49686. PENDLETON, AUDREY J. 6. Monday, January 27, 2014: PEPIN, ANDREW J. Bloomington Education and Visitor REYNOLDS, CYNTHIA L.

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RIDDLE, PAUL N. information shall have practical utility; Issued in Washington, DC, on December ROPELEWSKI, JAMES LYNCH (b) the accuracy of the agency’s estimate 30, 2013. ROSENFELT, PHILIP H. of the burden pertaining to the approved AnnaMaria Garcia, RYDER, RUTH E. collection of information, including the Program Manager, Office of Weatherization SANTY, ROSS C. JR. validity of the methodology and and Intergovernmental Programs, Office of SASSER, TRACEY L. assumptions used; (c) ways to further Energy Efficiency and Renewable Energy. SHELTON, JAMES H. enhance the quality, utility, and clarity [FR Doc. 2013–31539 Filed 1–3–14; 8:45 am] SKELLY, THOMAS P. of the information being collected; and BILLING CODE 6450–01–P SOLTIS, TIMOTHY F. (d) ways to further minimize the burden STRACKE, LINDA A. regarding the collection of information STUDLEY, JAMIENNE S. on respondents, including through the DEPARTMENT OF ENERGY STYLES, KATHLEEN M. use of automated collection techniques SWENSON, SUE ELLEN or other forms of information Federal Energy Regulatory THOMAS, MILTON L. JR. technology. Commission UVIN, JOHAN E. VADEHRA, EMMA DATES: Comments regarding this Combined Notice of Filings #1 revision to an approved information WANG, SHANWEI Take notice that the Commission WEKO, THOMAS J. collection must be received on or before March 7, 2014. If you anticipate received the following electric rate WHALEN, ANTONIA filings: WILBANKS, LINDA R. difficulty in submitting comments WILLIAMS, JERRY E. within that period, contact the person Docket Numbers: ER10–1836–005; WILLS, RANDOLPH E. listed in ADDRESSES as soon as possible. ER10–2005–005; ER11–26–005; ER10– WINCHELL, SUSAN A. ADDRESSES: Written comments may be 1849–004; ER10–1847–005; ER13–1992– WOOD, GARY H. sent to Christine Platt Patrick, EE–2K, 002; ER13–1991–002; ER10–1846–004; WOOD, HAMILTON E. JR. U.S. Department of Energy, 1000 ER10–1845–005; ER10–1844–005; EL KEITH Independence Ave. SW., Washington, ER10–1843–005; ER13–712–004; ER10– YUDIN, MICHA DC 20585, Email: Christine.Platt@ 1841–005; ER12–569–005; ER10–1915– ee.doe.gov. 004; ER10–2551–004; ER10–1838–004; [FR Doc. C1–2013–30136 Filed 1–3–14; 8:45 am] ER12–631–006; ER10–1995–004; ER10– BILLING CODE 1505–01–D FOR FURTHER INFORMATION CONTACT: 2078–006; ER10–1994–004; ER10–1993– Requests for additional information or 004; ER10–1992–005; ER11–4678–006; copies of the information collection ER10–1971–014; ER10–1972–005; DEPARTMENT OF ENERGY instrument and instructions should be ER10–1973–004; ER10–1951–005; directed to: Lauren Hall, EE–2K, U.S. ER10–1974–012; ER10–1975–012; Revision of a Currently Approved Department of Energy, 1000 ER12–2444–005; ER10–1976–005; Information Collection for the Independence Ave. SW., Washington, ER10–1983–005; ER10–1984–005; Weatherization Assistance Program DC 20585–1290, Phone: (202) 287–1870, ER11–2365–005; ER10–1985–005; Sub-Programs Fax: (202) 287–1745, Email: ER10–1986–004; ER12–676–005; ER11– [email protected]. AGENCY: U.S. Department of Energy. 2192–006; ER10–1989–005; ER10–1990– Additional information and reporting 004; ER13–2474–001; ER10–1991–005; ACTION: Notice and request for guidance concerning the Weatherization comments. ER12–1660–005; ER10–1925–005; Assistance Program (WAP) is available ER10–1920–006; ER10–1918–005; SUMMARY: The Department of Energy for review at the following Web site: ER10–1907–005; ER10–1906–004; (DOE) invites public comment on an http://www1.eere.energy.gov/wip/ ER10–1905–005; ER11–2160–005; extension of a currently approved wap.html. ER10–1903–004; ER10–1902–004; collection of information that DOE is SUPPLEMENTARY INFORMATION: This ER10–1899–004; ER11–2037–004; developing for submission to the Office information collection request contains: ER13–752–003; ER12–2227–004; ER10– of Management and Budget (OMB) (1) OMB No. 1910–5157; (2) Information 1851–004; ER10–1852–005; ER10–1855– pursuant to the Paperwork Reduction Collection Request Title: 004; ER10–1856–005; ER10–1857–004; Act of 1995. The Department of Energy ‘‘Weatherization Assistance Program ER10–1887–004; ER10–1890–005; (DOE) has submitted an information (WAP) Sub-Programs’’; (3) Type of ER10–1897–005; ER10–1927–005; collection request to the OMB for Review: Revision of a Currently ER10–1928–006; ER11–2642–005; extension under the provisions of the Approved Information Collection; (4) ER10–1930–004; ER10–1931–005; Paperwork Reduction Act of 1995. The Purpose: To collect information on the ER11–4677–006; ER10–1970–005; information collection requests a three- status of grantee activities, ER11–4462–007; ER14–21–002; ER12– year extension of its Weatherization expenditures, and results, to ensure that 895–004; ER12–1880–005; ER11–4428– Assistance Program, OMB Control program funds are being used 006; ER10–2720–006; ER10–1968–004; Number 1910–5157. The proposed appropriately, effectively and ER10–1967–004; ER10–1966–005; collection will collect information on expeditiously (5) Annual Estimated ER12–2225–004; ER12–2226–004; the status of grantee activities, Number of Respondents: 17; (6) Annual ER10–1965–005; ER10–1964–005; expenditures, and results, to ensure that Estimated Number of Total Responses: ER10–1963–004; ER12–1228–004; program funds are being used 68; (7) Annual Estimated Number of ER10–1962–005; ER12–1228–005; appropriately, effectively and Burden Hours: 816; (8) Annual ER10–1961–004; ER10–2006–006; expeditiously. Estimated Reporting and Recordkeeping ER11–3635–005; ER10–1952–004; Comments are invited on: (a) Whether Cost Burden: $32,640.00 ER13–2112–001; ER10–1950–005; the currently approved collection of Statutory Authority: Title V, Subtitle E of ER10–1935–004; ER10–1932–004. information is necessary for the proper the Energy Independence and Security Act Applicants: Ashtabula Wind, LLC, performance of the functions of the (EISA), Pub. L. 110–140 as amended (42 Ashtabula Wind II, LLC, Ashtabula agency, including whether the U.S.C. 17151 et seq.). Wind III, LLC, Backbone Mountain

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Windpower LLC, Baldwin Wind, LLC, LLC, Tuscola Bay Wind, LLC, Vasco Comments Due: 5 p.m. ET 1/17/14. Bayswater Peaking Facility, LLC, Winds, LLC, Waymart Wind Farm, L.P., Docket Numbers: ER14–843–000. Blackwell Wind, LLC, Butler Ridge Wessington Wind Energy Center, LLC, Applicants: Meadow Creek Project Wind Energy Center, LLC, Cimarron White Oak Energy LLC, Wilton Wind II, Company LLC. Wind Energy, LLC, Crystal Lake Wind, LLC, Windpower Partners 1993, LLC. Description: Meadow Creek Project LLC, Crystal Lake Wind II, LLC, Crystal Description: NextEra Resources Company LLC submits tariff filing per Lake Wind III, LLC, Day County Wind, Entities Notification of Non-Material 35: Tariff Amendment—Order No. 784 LLC, Desert Sunlight 250, LLC, Desert Change in Status One Day Out-of-Time. to be effective 12/27/2013. Sunlight 300, LLC, Diablo Winds, LLC, Filed Date: 12/23/13. Filed Date: 12/27/13. Elk City Wind, LLC, Elk City II Wind, Accession Number: 20131223–5280. Accession Number: 20131227–5001. LLC, Energy Storage Holdings, LLC, Comments Due: 5 p.m. ET 1/13/14. Comments Due: 5 p.m. ET 1/17/14. Ensign Wind, LLC, ESI Vansycle Docket Numbers: ER10–3145–005; Docket Numbers: ER14–844–000. Partners, L.P., Florida Power & Light ER10–3147–005; ER13–442–002; ER10– Applicants: Southwest Power Pool, Company, FPL Energy Burleigh County 3120–005; ER11–2036–005; ER13–1544– Inc. Wind, LLC, FPL Energy Cabazon Wind, 002; ER10–3128–005; ER11–3131–002; Description: Southwest Power Pool, LLC, FPL Energy Cape, LLC, FPL Energy ER13–1139–005; ER10–1800–005; Inc. submits tariff filing per 35: Order Cowboy Wind, LLC, FPL Energy Green ER10–3136–005; ER11–2701–007; No. 676–G Compliance Filing to be Power Wind, LLC, FPL Energy Hancock ER10–1728–005; ER10–2491–005; effective 5/6/2013. County Wind, LLC, FPL Energy Illinois ER97–2904–013; ER97–4222–004; Filed Date: 12/27/13. Wind, LLC, FPL Energy Marcus Hook, ER10–3116–005. Accession Number: 20131227–5019. L.P., FPL Energy MH50 L.P., FPL Energy Applicants: The AES Corporation, Comments Due: 5 p.m. ET 1/17/14. Montezuma Wind, LLC, FPL Energy AES Armenia Mountain Wind, LLC, Docket Numbers: ER14–845–000. Mower County, LLC, FPL Energy New AES Beaver Valley, LLC, AES Energy Applicants: El Paso Electric Company. Mexico Wind, LLC, FPL Energy North Storage, LLC, AES Huntington Beach, Description: El Paso Electric Company Dakota Wind, LLC, FPL Energy North L.L.C., AES Laurel Mountain, LLC, AES submits tariff filing per 35: OATT Order Dakota Wind II, LLC, FPL Energy ES Tait, LLC, AES Redondo Beach, No. 784 Compliance Filing to be Oklahoma Wind, LLC, FPL Energy L.L.C., Condon Wind Power, LLC, effective 2/25/2014. Oliver Wind I, LLC, FPL Energy Oliver Imperial Valley Solar 1, LLC, Filed Date: 12/27/13. Wind II, LLC, FPL Energy Sooner Wind, Indianapolis Power & Light Company, Accession Number: 20131227–5020. LLC, FPL Energy South Dakota Wind, Mountain View Power Partners, LLC, Comments Due: 5 p.m. ET 1/17/14. Mountain View Power Partners IV, LLC, LLC, FPL Energy Stateline II, Inc., FPL Docket Numbers: ER14–846–000. Energy Vansycle, L.L.C., FPL Energy The Dayton Power and Light Company, DPL Energy, LLC, Lake Benton Power Applicants: Northern States Power Wyman, LLC, FPL Energy Wyman IV, Company, a Minnesota Corporation. LLC, Garden Wind, LLC, Genesis Solar, Partners LLC, Storm Lake Power Partners II, LLC. Description: Northern States Power LLC, Gray County Wind Energy, LLC, Company, a Minnesota corporation Hatch Solar Energy Center I, LLC, Description: Triennial Market Power Update for the Northeast Region of AES submits tariff filing per 35.13(a)(2)(iii): Hawkeye Power Partners, LLC, High 2013–12–27_NSP Interchange Agrmt Majestic Wind Energy Center, LLC, High MBR Affiliates. Filed Date: 12/26/13. Amended Exhibits Filing to be effective Majestic Wind II, LLC, High Winds, 1/1/2013. LLC, Jamaica Bay Peaking Facility, LLC, Accession Number: 20131226–5072. Comments Due: 5 p.m. ET 2/25/14. Filed Date: 12/27/13. Lake Benton Power Partners II, LLC, Accession Number: 20131227–5029. Docket Numbers: ER14–840–000. Langdon Wind, LLC, Limon Wind, LLC, Comments Due: 5 p.m. ET 1/17/14. Limon Wind II, LLC, Logan Wind Applicants: APDC, Inc. Energy LLC, Meyersdale Windpower Description: Tariff Amendment— Take notice that the Commission LLC, Mill Run Windpower, LLC, Minco Order No. 784 to be effective 12/27/ received the following foreign utility Wind, LLC, Minco Wind II, LLC, Minco 2013. company status filings: Wind III, LLC, Minco Wind Filed Date: 12/26/13. Docket Numbers: FC14–12–000. Interconnection Services, LLC, Accession Number: 20131226–5057. Applicants: Tropical BioEnergia S.A. Mountain View Solar, LLC, NEPM II, Comments Due: 5 p.m. ET 1/16/14. Description: Self-Certification of LLC, NextEra Energy Duane Arnold, Docket Numbers: ER14–841–000. Foreign Utility Company Status of LLC, NextEra Energy Montezuma II Applicants: Atlantic Power Energy Tropical BioEnergia S.A. Wind, LLC, NextEra Energy Power Services (US) LLC. Filed Date: 12/27/13. Marketing, LLC, NextEra Energy Point Description: Atlantic Power Energy Accession Number: 20131227–5026. Beach, LLC, NextEra Energy Seabrook, Services (US) LLC submits tariff filing Comments Due: 5 p.m. ET 1/17/14. LLC, NextEra Energy Services per 35: Tariff Amendment—Order No. The filings are accessible in the Massachusetts, LLC, Northeast Energy 784 to be effective 12/27/2013. Commission’s eLibrary system by Associates, A Limited Partnership, Filed Date: 12/26/13. clicking on the links or querying the North Jersey Energy Associates, A Accession Number: 20131226–5059. docket number. Limited Partnership, North Sky River Comments Due: 5 p.m. ET 1/16/14. Any person desiring to intervene or Energy, LLC, Northern Colorado Wind Docket Numbers: ER14–842–000. protest in any of the above proceedings Energy, LLC, Osceola Windpower, LLC, Applicants: Manchief Power must file in accordance with Rules 211 Osceola Windpower II, LLC, Paradise Company LLC. and 214 of the Commission’s Solar Urban Renewal, L.L.C., Peetz Description: Manchief Power Regulations (18 CFR 385.211 and Table Wind Energy, LLC, Pennsylvania Company LLC submits tariff filing per 385.214) on or before 5:00 p.m. Eastern Windfarms, Inc., Perrin Ranch Wind, 35: Tariff Amendment—Order No. 784 time on the specified comment date. LLC, Red Mesa Wind, LLC, Sky River to be effective 12/27/2013. Protests may be considered, but LLC, Somerset Windpower, LLC, Steele Filed Date: 12/27/13. intervention is necessary to become a Flats Wind Projects, LLC, Story Wind, Accession Number: 20131227–5000. party to the proceeding.

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eFiling is encouraged. More detailed eFiling is encouraged. More detailed Description: Triennial Report of information relating to filing information relating to filing Spring Canyon Energy LLC. requirements, interventions, protests, requirements, interventions, protests, Filed Date: 12/24/13. service, and qualifying facilities filings service, and qualifying facilities filings Accession Number: 20131224–5108. can be found at: http://www.ferc.gov/ can be found at: http://www.ferc.gov/ Comments Due: 5 p.m. ET 2/24/14. docs-filing/efiling/filing-req.pdf. For docs-filing/efiling/filing-req.pdf. For Docket Numbers: ER10–2125–005. other information, call (866) 208–3676 other information, call (866) 208–3676 Applicants: Judith Gap Energy LLC. (toll free). For TTY, call (202) 502–8659. (toll free). For TTY, call (202) 502–8659. Description: Triennial Report of Dated: December 27, 2013. Dated: December 27, 2013. Judith Gap Energy LLC. Nathaniel J. Davis, Sr., Nathaniel J. Davis, Sr., Filed Date: 12/24/13. Deputy Secretary. Deputy Secretary. Accession Number: 20131224–5103. Comments Due: 5 p.m. ET 2/24/14. [FR Doc. 2013–31577 Filed 1–3–14; 8:45 am] [FR Doc. 2013–31580 Filed 1–3–14; 8:45 am] BILLING CODE 6717–01–P BILLING CODE P Docket Numbers: ER10–2128–005. Applicants: Wolverine Creek Energy LLC. DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Description: Triennial Report of Wolverine Creek Energy LLC. Federal Energy Regulatory Federal Energy Regulatory Filed Date: 12/24/13. Commission Commission Accession Number: 20131224–5104. Comments Due: 5 p.m. ET 2/24/14. Combined Notice of Filings Combined Notice of Filings #1 Docket Numbers: ER10–2129–004. Take notice that the Commission has Take notice that the Commission Applicants: Grays Harbor Energy LLC. received the following Natural Gas received the following electric corporate Description: Triennial Report of Grays Pipeline Rate and Refund Report filings: filings: Harbor Energy LLC. Filed Date: 12/24/13. Filings Instituting Proceedings Docket Numbers: EC14–39–000. Applicants: ITC Midwest LLC. Accession Number: 20131224–5107. Docket Numbers: RP14–323–000. Description: Application for Approval Comments Due: 5 p.m. ET 2/24/14. Applicants: Texas Eastern of Transaction Pursuant to FPA Section Docket Numbers: ER10–2135–004. Transmission, LP. 203 of ITC Midwest LLC (CIPCO Applicants: Spindle Hill Energy LLC. Description: ConocoPhillips 1–01– OPGW). Description: Triennial Report of 2014 Releases to be effective 1/1/2014. Filed Date: 12/26/13. Spindle Hill Energy LLC. Filed Date: 12/26/13. Accession Number: 20131226–5042. Filed Date: 12/24/13. Accession Number: 20131226–5052. Comments Due: 5 p.m. ET 1/16/14. Accession Number: 20131224–5105. Comments Due: 5 p.m. ET 1/7/14. Docket Numbers: EC14–40–000. Comments Due: 5 p.m. ET 2/24/14. Docket Numbers: PR14–12–000. Applicants: Castlebridge Energy Docket Numbers: ER14–824–000; Applicants: UGI Penn Natural Gas, Group LLC. ER14–825–000. Inc. Description: Application of Applicants: National Grid-Glenwood Description: Tariff filing per Castlebridge Energy Group LLC for Energy Center, LLC, National Grid-Port 284.123(b)(1): Baseline Filing to be Authorization to Dispose of Jefferson Energy Center, LLC. effective 12/26/2013. Jurisdictional Facilities, Request for Description: Niagara Mohawk Power Filed Date: 12/26/13. Corporation et al submit their updated Accession Number: 20131226–5024. Expedited Consideration, Request for Triennial Market Power Analysis. Comments Due: 5 p.m. ET 1/16/14. Waiver and Request for Confidential 284.123(g) Protests Due: 5 p.m. ET 2/ Treatment. Filed Date: 12/24/13. Accession Number: 20131226–0004. 24/14. Filed Date: 12/24/13. Accession Number: 20131224–5111. Comments Due: 5 p.m. ET 2/24/14. Docket Numbers: RP14–297–000. Comments Due: 5 p.m. ET 1/14/14. Applicants: Equitrans, L.P. Docket Numbers: ER14–828–000. Description: tariff filing per 154.601: Take notice that the Commission Applicants: Kansas City Power & Non-conforming Service Rate received the following electric rate Light Company. Agreements—EGC to be effective 12/17/ filings: Description: KCP&L SPP Integrated 2013. Docket Numbers: ER10–1789–003; Marketplace Filing to be effective Filed Date: 12/18/13. ER10–1768–002; ER10–1793–002; 3/1/2014. Accession Number: 20131218–5175. ER10–1770–002; ER10–1771–002; Filed Date: 12/24/13. Comment Due: 5 p.m. ET 12/30/13. ER12–1250–002. Accession Number: 20131224–5077. Any person desiring to intervene or Applicants: PSEG Energy Resources & Comments Due: 5 p.m. ET 1/14/14. protest in any of the above proceedings Trade LLC, PSEG Fossil LLC, PSEG New Docket Numbers: ER14–829–000. must file in accordance with Rules 211 Haven LLC, PSEG Nuclear LLC, PSEG Applicants: KCP&L Greater Missouri and 214 of the Commission’s Power Connecticut LLC, Public Service Operations Company. Regulations (18 CFR 385.211 and Electric and Gas Company. Description: Triennial SPP Filing to 385.214) on or before 5:00 p.m. Eastern Description: Updated Market Analysis be effective 3/1/2014. time on the specified comment date. Update for Northeast Region of the Filed Date: 12/24/13. Protests may be considered, but PSEG Companies. Accession Number: 20131224–5078. intervention is necessary to become a Filed Date: 12/23/13. Comments Due: 5 p.m. ET 2/24/14. party to the proceeding. Accession Number: 20131223–5279. Docket Numbers: ER14–830–000. The filings are accessible in the Comments Due: 5 p.m. ET 2/21/14. Applicants: Grays Harbor Energy LLC. Commission’s eLibrary system by Docket Numbers: ER10–2124–005. Description: Revised Market-Based clicking on the links or querying the Applicants: Spring Canyon Energy Rate Tariff Pursuant to Order No. 784 to docket number. LLC. be effective 12/25/2013.

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Filed Date: 12/24/13. Description: Notice of Termination of DEPARTMENT OF ENERGY Accession Number: 20131224–5082. Pacific Gas and Electric Company for Comments Due: 5 p.m. ET 1/14/14. the El Peco Energy SGIA, Service Federal Energy Regulatory Docket Numbers: ER14–831–000. Agreement No. 218 under PG&E FERC Commission Applicants: Judith Gap Energy LLC. Electric Tariff Volume No. 5. Description: Revised Market-Based Filed Date: 12/24/13. Combined Notice of Filings #2 Rate Tariff Pursuant to Order No. 784 to Accession Number: 20131224–5109. Take notice that the Commission Comments Due: 5 p.m. ET 1/14/14. be effective 12/25/2013. received the following electric rate Filed Date: 12/24/13. Docket Numbers: ER14–839–000. filings: Accession Number: 20131224–5083. Applicants: Frederickson Power L.P. Docket Numbers: ER10–3079–006; Comments Due: 5 p.m. ET 1/14/14. Description: Frederickson Power L.P. ER12–126–008; ER11–2539–003; ER11– Docket Numbers: ER14–832–000. submits tariff filing per 35: Tariff Amendment—Order No. 784 to be 2540–003; ER11–2542–003. Applicants: Spindle Hill Energy LLC. Applicants: Tyr Energy, LLC, Description: Revised Market-Based effective 12/27/2013. Filed Date: 12/26/13. Trademark Merchant Energy, LLC, Rate Tariff Pursuant to Order No. 784 to Plains End, LLC, Plains End II, LLC, be effective 12/25/2013. Accession Number: 20131226–5051. Comments Due: 5 p.m. ET 1/16/14. Rathdrum Power, LLC. Filed Date: 12/24/13. Description: Updated Market Power Accession Number: 20131224–5084. Take notice that the Commission Analysis for Northwest Region of Tyr Comments Due: 5 p.m. ET 1/14/14. received the following electric securities filings: Energy, LLC, et al. Docket Numbers: ER14–833–000. Filed Date: 12/27/13. Applicants: Spring Canyon Energy Docket Numbers: ES14–10–000. Applicants: Portland General Electric Accession Number: 20131227–5096. LLC. Comments Due: 5 p.m. ET 2/26/14. Description: Revised Market-Based Company. Docket Numbers: ER12–540–005; Rate Tariff Pursuant to Order No. 784 to Description: Supplement to November ER12–539–005; ER10–1414–005; ER10– be effective 12/25/2013. 11, 2013 Application of Portland Filed Date: 12/24/13. General Electric Company for Authority 1346–005; ER10–1348–005; ER12–2205– Accession Number: 20131224–5085. to Issue Short-Term Debt Securities. 004; ER10–1821–008; ER11–4475–008. Comments Due: 5 p.m. ET 1/14/14. Filed Date: 12/23/13. Applicants: APDC, Inc., Atlantic Accession Number: 20131223–5274. Power Energy Services (US) LLC, Docket Numbers: ER14–834–000. Comments Due: 5 p.m. ET 1/2/14. Frederickson Power L.P., Manchief Applicants: Wolverine Creek Energy Power Company LLC, Meadow Creek LLC. Docket Numbers: ES14–19–000. Project Company LLC, Rockland Wind Description: Revised Market-Based Applicants: New York State Electric & Farm LLC, Goshen Phase II LLC. Rate Tariff Pursuant to Order No. 784 to Gas Corporation. Description: Updated Market Power be effective 12/25/2013. Description: Application for Analysis of APDC, Inc., et. al. Filed Date: 12/24/13. Authorization to Issue Short-Term Debt Accession Number: 20131224–5086. Securities under FPA Section 204 of Filed Date: 12/27/13. Comments Due: 5 p.m. ET 1/14/14. New York State Electric & Gas Accession Number: 20131227–5101. Corporation. Comments Due: 5 p.m. ET 2/26/14. Docket Numbers: ER14–835–000. Filed Date: 12/24/13. Applicants: PacifiCorp. Docket Numbers: ER13–2233–001. Accession Number: 20131224–5094. Applicants: Midcontinent Description: Cost Based Rate Schedule Comments Due: 5 p.m. ET 1/14/14. to be effective 12/25/2013. Independent System Operator, Inc. The filings are accessible in the Filed Date: 12/24/13. Description: 12–26–2013 Order 764 Accession Number: 20131224–5088. Commission’s eLibrary system by Compliance Filing to be effective Comments Due: 5 p.m. ET 1/14/14. clicking on the links or querying the 1/6/2014. docket number. Filed Date: 12/27/13. Docket Numbers: ER14–836–000. Any person desiring to intervene or Applicants: Midcontinent Accession Number: 20131227–5031. protest in any of the above proceedings Comments Due: 5 p.m. ET 1/17/14. Independent System Operator, Inc. must file in accordance with Rules 211 Docket Numbers: ER13–2490–002. Description: Midcontinent and 214 of the Commission’s Independent System Operator, Inc. Applicants: Simon Solar, LLC. Regulations (18 CFR 385.211 and Description: Name Change/Correction submits tariff filing per 35.13(a)(2)(iii: 385.214) on or before 5:00 p.m. Eastern 12–26–2013 SA 2622 Courtenay & OTP to be effective 10/1/2013. time on the specified comment date. Filed Date: 12/27/13. J262/3 E&P to be effective 12/27/2013. Protests may be considered, but Filed Date: 12/26/13. Accession Number: 20131227–5042. intervention is necessary to become a Accession Number: 20131226–5033. Comments Due: 5 p.m. ET 1/17/14. party to the proceeding. Comments Due: 5 p.m. ET 1/16/14. Docket Numbers: ER14–846–000. eFiling is encouraged. More detailed Applicants: Northern States Power Docket Numbers: ER14–837–000. information relating to filing Company, a Minnesota Corporation. Applicants: Trademark Merchant requirements, interventions, protests, Description: 2013–12–27_NSP Energy, LLC. service, and qualifying facilities filings Interchange Agrmt Amended Exhibits Description: Trademark Merchant can be found at: http://www.ferc.gov/ Filing to be effective 1/1/2013. Energy, LLC submits tariff filing per 35: docs-filing/efiling/filing-req.pdf. For Filed Date: 12/27/13. Tariff Amendment—Order No. 784 to be other information, call (866) 208–3676 Accession Number: 20131227–5029. effective 12/27/2013. (toll free). For TTY, call (202) 502–8659. Filed Date: 12/26/13. Comments Due: 5 p.m. ET 1/17/14. Accession Number: 20131226–5035. Dated: December 26, 2013. Docket Numbers: ER14–847–000. Comments Due: 5 p.m. ET 1/16/14. Nathaniel J. Davis, Sr., Applicants: Burley Butte Wind Park, Docket Numbers: ER14–838–000. Deputy Secretary. LLC. Applicants: Pacific Gas and Electric [FR Doc. 2013–31579 Filed 1–3–14; 8:45 am] Description: Burley Triennial to be Company. BILLING CODE 6717–01–P effective 12/27/2013.

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Filed Date: 12/27/13. Docket Numbers: ER14–856–000. Description: NYISO Tariff Filing to Accession Number: 20131227–5036. Applicants: Tuana Gulch Wind Park, Implement Improved Proxy Gen Bus Comments Due: 5 p.m. ET 2/26/14. LLC. Pricing Rules to be effective 4/8/2014. Docket Numbers: ER14–848–000. Description: Tuana Triennial to be Filed Date: 12/27/13. Applicants: Camp Reed Wind Park, effective 12/27/2013. Accession Number: 20131227–5100. LLC. Filed Date: 12/27/13. Comments Due: 5 p.m. ET 1/17/14. Description: Camp Triennial to be Accession Number: 20131227–5046. Docket Numbers: ER14–865–000. effective 12/27/2013. Comments Due: 5 p.m. ET 2/26/14. Applicants: Southwestern Public Filed Date: 12/27/13. Docket Numbers: ER14–857–000. Service Company. Accession Number: 20131227–5037. Applicants: Yahoo Creek Wind Park, Description: 2013–12–27_SPS SPP Comments Due: 5 p.m. ET 2/26/14. LLC. MBR Filing to be effective 3/1/2014. Docket Numbers: ER14–849–000. Description: Yahoo Triennial to be Filed Date: 12/27/13. Applicants: Golden Valley Wind Park, effective 12/27/2013. Accession Number: 20131227–5119. LLC. Filed Date: 12/27/13. Comments Due: 5 p.m. ET 1/17/14. Description: Golden Triennial to be Accession Number: 20131227–5047. Docket Numbers: ER14–866–000. effective 12/27/2013. Comments Due: 5 p.m. ET 2/26/14. Applicants: Southwest Power Pool, Filed Date: 12/27/13. Docket Numbers: ER14–858–000. Inc. Accession Number: 20131227–5038. Applicants: Norwalk Power LLC. Description: Order No. 784 Comments Due: 5 p.m. ET 2/26/14. Description: Amendment to Tariff to Compliance to be effective 3/1/2014. be effective 12/28/2013. Docket Numbers: ER14–850–000. Filed Date: 12/27/13. Filed Date: 12/27/13. Accession Number: 20131227–5117. Applicants: Milner Dam Wind Park, Accession Number: 20131227–5072. Comments Due: 5 p.m. ET 1/17/14. LLC. Comments Due: 5 p.m. ET 1/17/14. Description: Milner Triennial to be Docket Numbers: ER14–867–000. effective 12/27/2013. Docket Numbers: ER14–859–000. Applicants: AEP Energy, Inc. Filed Date: 12/27/13. Applicants: Midcontinent Description: AEP Energy MBR Accession Number: 20131227–5039. Independent System Operator, Inc. Revision to be effective 3/1/2014. Comments Due: 5 p.m. ET 2/26/14. Description: 12–27–13 SPP JOA Filed Date: 12/27/13. Amendment 3 to be effective 3/1/2014. Accession Number: 20131227–5121. Docket Numbers: ER14–851–000. Filed Date: 12/27/13. Comments Due: 5 p.m. ET 1/17/14. Applicants: Oregon Trail Wind Park, Accession Number: 20131227–5083. LLC. Docket Numbers: ER14–868–000. Comments Due: 5 p.m. ET 1/17/14. Applicants: AEP Retail Energy Description: Oregon Triennial & Docket Numbers: ER14–860–000. Partners. Update to be effective 12/27/2013. Applicants: Public Service Company Description: AEP Retail Energy Filed Date: 12/27/13. of Colorado. Partners MBR Revision to be effective Accession Number: 20131227–5040. Description: 2013–12–27_Amended 3/1/2014. Comments Due: 5 p.m. ET 2/26/14. JOA Agrmt Filing to be effective Filed Date: 12/27/13. Docket Numbers: ER14–852–000. 3/1/2014. Accession Number: 20131227–5122. Applicants: Pilgrim Stage Station Filed Date: 12/27/13. Comments Due: 5 p.m. ET 1/17/14. Wind Park, LLC. Accession Number: 20131227–5085. Docket Numbers: ER14–869–000. Description: Pilgrim Triennial to be Comments Due: 5 p.m. ET 1/17/14. Applicants: AEP Texas Central effective 12/27/2013. Docket Numbers: ER14–861–000. Company. Filed Date: 12/27/13. Applicants: Public Service Company Description: CSW Oper Co MBR Accession Number: 20131227–5041. of Colorado. Revision to be effective 3/1/2014. Comments Due: 5 p.m. ET 2/26/14. Description: 20131227 PSCo MBR Filed Date: 12/27/13. Docket Numbers: ER14–853–000. Filing to be effective 3/1/2014. Accession Number: 20131227–5123. Applicants: Payne’s Ferry Wind Park, Filed Date: 12/27/13. Comments Due: 5 p.m. ET 1/17/14. LLC. Accession Number: 20131227–5086. The filings are accessible in the Description: Payne’s Triennial to be Comments Due: 5 p.m. ET 1/17/14. Commission’s eLibrary system by effective 12/27/2013. Docket Numbers: ER14–862–000. clicking on the links or querying the Filed Date: 12/27/13. Applicants: Midcontinent docket number. Accession Number: 20131227–5043. Independent System Operator, Inc. Any person desiring to intervene or Comments Due: 5 p.m. ET 2/26/14. Description: 12–27–13 MISO–PJM protest in any of the above proceedings Docket Numbers: ER14–854–000. JOA to be effective 2/26/2014. must file in accordance with Rules 211 Applicants: Salmon Falls Wind Park, Filed Date: 12/27/13. and 214 of the Commission’s LLC. Accession Number: 20131227–5094. Regulations (18 CFR 385.211 and Description: Salmon Triennial to be Comments Due: 5 p.m. ET 1/17/14. 385.214) on or before 5:00 p.m. Eastern effective 12/27/2013. Docket Numbers: ER14–863–000. time on the specified comment date. Filed Date: 12/27/13. Applicants: Southwest Power Pool, Protests may be considered, but Accession Number: 20131227–5044. Inc. intervention is necessary to become a Comments Due: 5 p.m. ET 2/26/14. Description: SPP–MISO JOA party to the proceeding. Docket Numbers: ER14–855–000. Emergency Energy Assistance Revisions eFiling is encouraged. More detailed Applicants: Thousand Springs Wind to be effective 3/1/2014. information relating to filing Park, LLC. Filed Date: 12/27/13. requirements, interventions, protests, Description: Thousand Triennial to be Accession Number: 20131227–5099. service, and qualifying facilities filings effective 12/27/2013. Comments Due: 5 p.m. ET 1/17/14. can be found at: http://www.ferc.gov/ Filed Date: 12/27/13. Docket Numbers: ER14–864–000. docs-filing/efiling/filing-req.pdf. For Accession Number: 20131227–5045. Applicants: New York Independent other information, call (866) 208–3676 Comments Due: 5 p.m. ET 2/26/14. System Operator, Inc. (toll free). For TTY, call (202) 502–8659.

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Dated: December 27, 2013. Dated: December 27, 2013. Environmental Protection Agency, 1200 Nathaniel J. Davis, Sr., Nathaniel J. Davis, Sr., Pennsylvania Avenue NW., Washington, Deputy Secretary. Deputy Secretary. DC 20460. [FR Doc. 2013–31578 Filed 1–3–14; 8:45 am] [FR Doc. 2013–31581 Filed 1–3–14; 8:45 am] SUPPLEMENTARY INFORMATION: BILLING CODE 6717–01–P BILLING CODE 6717–01–P Table of Contents 1.0 Introduction 2.0 Regional Docket Coordinators DEPARTMENT OF ENERGY ENVIRONMENTAL PROTECTION 3.0 Revisions of the Previous Docket AGENCY 4.0 Process for Compiling the Updated Federal Energy Regulatory [FRL–9905–10–OSWER] Docket Commission 5.0 Facilities Not Included Twenty-Sixth Update of the Federal 6.0 Facility NPL Status Reporting, Including NFRAP Status [Docket No. NJ14–5–000] Agency Hazardous Waste Compliance 7.0 Information Contained on Docket Docket Listing City of Banning, California; Notice of Filing AGENCY: Environmental Protection 1.0 Introduction Agency (EPA). Section 120(c) of CERCLA, 42 United Take notice that on December 20, ACTION: Notice. States Code (U.S.C.) 9620(c), as 2013, the City of Banning, California SUMMARY: Since 1988, the amended by the Superfund submitted its tariff filing per 35.28(e): Environmental Protection Agency (EPA) Amendments and Reauthorization Act Filing 2014 TRBAA and ETC Update to has maintained a Federal Agency of 1986 (SARA), requires EPA to be effective 1/1/2014. Hazardous Waste Compliance Docket establish the Federal Agency Hazardous Any person desiring to intervene or to (‘‘Docket’’) under Section 120(c) of the Waste Compliance Docket. The Docket protest this filing must file in Comprehensive Environmental contains information on Federal accordance with Rules 211 and 214 of Response, Compensation, and Liability facilities that manage hazardous waste the Commission’s Rules of Practice and Act (CERCLA). Section 120(c) requires and such information is submitted by Procedure (18 CFR 385.211, 385.214). EPA to establish a Docket that contains Federal agencies to EPA under Sections Protests will be considered by the certain information reported to EPA by 3005, 3010, and 3016 of the Resource Commission in determining the Federal facilities that manage hazardous Conservation and Recovery Act (RCRA), appropriate action to be taken, but will waste or from which a reportable 42 U.S.C. 6925, 6930, and 6937. not serve to make protestants parties to quantity of hazardous substances has Additionally, the Docket contains the proceeding. Any person wishing to been released. As explained further information on Federal facilities with a reportable quantity of hazardous become a party must file a notice of below, the Docket is used to identify substances that has been released and intervention or motion to intervene, as Federal facilities that should be such information is submitted by appropriate. Such notices, motions, or evaluated to determine if they pose a Federal agencies to EPA under Section protests must be filed on or before the threat to public health or welfare and 103 of CERCLA, 42 U.S.C. 9603. comment date. On or before the the environment and to provide a Specifically, RCRA Section 3005 comment date, it is not necessary to mechanism to make this information establishes a permitting system for serve motions to intervene or protests available to the public. certain hazardous waste treatment, Today’s notice identifies the Federal on persons other than the Applicant. storage, and disposal (TSD) facilities; facilities not previously listed on the The Commission encourages RCRA Section 3010 requires waste Docket and reported to EPA since the electronic submission of protests and generators, transporters and TSD last update of the Docket on March 18, interventions in lieu of paper using the facilities to notify EPA of their 2013. In addition to the list of additions ‘‘eFiling’’ link at http://www.ferc.gov. hazardous waste activities; and RCRA to the Docket, this notice includes a Persons unable to file electronically Section 3016 requires Federal agencies section with revisions of the previous should submit an original and 5 copies to submit biennially to EPA an Docket list. Thus, the revisions in this of the protest or intervention to the inventory of their Federal hazardous update include 36 additions and two Federal Energy Regulatory Commission, waste facilities. CERCLA Section 103(a) deletions, as well as one correction to 888 First Street NE., Washington, DC requires the owner or operator of a the Docket since the previous update. At 20426. vessel or onshore or offshore facility to the time of publication of this notice, This filing is accessible on-line at notify the National Response Center the new total number of Federal (NRC) of any spill or other release of a http://www.ferc.gov, using the facilities listed on the Docket is 2,382. ‘‘eLibrary’’ link and is available for hazardous substance that equals or DATES: This list is current as of exceeds a reportable quantity (RQ), as review in the Commission’s Public December 31, 2012. defined by CERCLA Section 101. Reference Room in Washington, DC. FOR FURTHER INFORMATION CONTACT: Additionally, CERCLA Section 103(c) There is an ‘‘eSubscription’’ link on the Electronic versions of the Docket and requires facilities that have ‘‘stored, Web site that enables subscribers to more information on its implementation treated, or disposed of’’ hazardous receive email notification when a can be obtained at http://www.epa.gov/ wastes and where there is ‘‘known, document is added to a subscribed fedfac/documents/docket.htm by suspected, or likely releases’’ of docket(s). For assistance with any FERC clicking on the link for Update #26 to hazardous substances to report their Online service, please email the Federal Agency Hazardous Waste activities to EPA. [email protected], or call Compliance Docket or by contacting CERCLA Section 120(d) requires EPA (866) 208–3676 (toll free). For TTY, call Tim Mott, Federal Agency Hazardous to take steps to assure that a Preliminary (202) 502–8659. Waste Compliance Docket Coordinator, Assessment (PA) be completed for those Comment Date: 5:00 p.m. Eastern Federal Facilities Restoration and Reuse sites identified in the Docket and that Time on January 10, 2014. Office (Mail Code 5106P), U.S. the evaluation and listing of sites with

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a PA be completed within a reasonable from the Docket; and the corrections Leslie Ramirez (SFD–6–1), US EPA time frame. The PA is designed to section lists changes in the information Region 9, 75 Hawthorne Street, San provide information for EPA to consider about the Federal facilities already Francisco, CA 94105, (415) 972–3978. when evaluating the site for potential listed on the Docket.1 The information Monica Lindeman (ECL, ABU), US EPA response action or inclusion on the submitted to EPA on each Federal Region 10, 1200 Sixth Avenue, Suite National Priorities List (NPL). facility is maintained in the Docket 900, ECL–112, Seattle, WA 98101, The Docket serves three major repository located in the EPA Regional (206) 553–5113 or Ken Marcy (ECL, purposes: (1) To identify all Federal office of the Region in which the ABU), US EPA Region 10, 1200 Sixth facilities that must be evaluated to Federal facility is located; for a Avenue, Suite 900, ECL–112, Seattle, determine whether they pose a risk to description of the information required WA 98101, (206) 890–0591. human health and the environment under those provisions, see 53 FR 4280 3.0 Revisions of the Previous Docket sufficient to warrant inclusion on the (February 12, 1988). Each repository National Priorities List (NPL); (2) to contains the documents submitted to This section includes a discussion of compile and maintain the information EPA under the reporting provisions and the additions, deletions, and corrections submitted to EPA on such facilities correspondence relevant to the reporting to the list of Docket facilities since the under the provisions listed in Section provisions for each Federal facility. previous Docket update. 120(c) of CERCLA; and (3) to provide a In prior updates, information was also 3.1 Additions mechanism to make the information provided regarding No Further available to the public. Remedial Action Planned (NFRAP) Today, 36 Federal facilities are being The initial list of Federal facilities to status changes. However, information added to the Docket, primarily because be included on the Docket was on NFRAP and NPL status is no longer of new information obtained by EPA (for published in the Federal Register on being provided separately in the Docket example, recent reporting of a facility February 12, 1988 (53 FR 4280). Since update as it is now available at: pursuant to RCRA Sections 3005, 3010, then, updates to the Docket have been http://www.epa.gov/fedfac/documents/ or 3016 or CERCLA Section 103). published on November 16, 1988 (54 FR docket.htm or by contacting the EPA HQ CERCLA Section 120, as amended by 46364); December 15, 1989 (54 FR Docket Coordinator at the address the Defense Authorization Act of 1997, 51472); August 22, 1990 (55 FR 34492); provided in the FOR FURTHER specifies that EPA take steps to assure September 27, 1991 (56 FR 49328); INFORMATION CONTACT section of this that a Preliminary Assessment (PA) be December 12, 1991 (56 FR 64898); July notice. completed within a reasonable time 17, 1992 (57 FR 31758); February 5, frame for those Federal facilities that are 1993 (58 FR 7298); November 10, 1993 2.0 Regional Docket Coordinators included on the Docket. Among other (58 FR 59790); April 11, 1995 (60 FR Contact the following Docket things, the PA is designed to provide 18474); June 27, 1997 (62 FR 34779); Coordinators for information on information for EPA to consider when November 23, 1998 (63 FR 64806); June Regional Docket repositories: evaluating the site for potential response 12, 2000 (65 FR 36994); December 29, Martha Bosworth (HBS), US EPA Region action or listing on the NPL. 2000 (65 FR 83222); October 2, 2001 (66 1, 5 Post Office Square, Suite 100, 3.2 Deletions FR 50185); July 1, 2002 (67 FR 44200); Mail Code: OSRR07–2, Boston MA Today, two Federal facilities are being January 2, 2003 (68 FR 107); July 11, 02109–3912, (617) 918–1407 or deleted from the Docket. There are no 2003 (68 FR 41353); December 15, 2003 Maggie Morris, US EPA Region 1, 5 statutory or regulatory provisions that (68 FR 240); July 19, 2004 (69 FR Post Office Square, Suite 100, Mail address deletion of a facility from the 42989); December 20, 2004 (69 FR Code: OSRR07–2, Boston, MA 02109, Docket. However, if a facility is 75951); October 25, 2005 (70 FR 61616); (617) 918–1092. August 17, 2007 (72 FR 46218); Helen Shannon (ERRD), US EPA Region incorrectly included on the Docket, it November 25, 2008 (73 FR 71644); 2, 290 Broadway, New York, NY may be deleted from the Docket. The October 13, 2010 (75 FR 62810); 10007–1866, (212) 637–4260 or Alida criteria EPA uses in deleting sites from November 6, 2012 (77 FR 66609), and Karas (ERRD), US EPA Region 2, 290 the Docket include: a facility for which March 18, 2013 (78 FR 16668). This Broadway, New York, NY 10007– there was an incorrect report submitted notice constitutes the twenty-sixth 1866, (212) 637–4276. for hazardous waste activity under update of the Docket. Joseph Vitello (3HS12), US EPA Region RCRA (e.g., 40 CFR § 262.44); a facility Today’s notice provides some 3, 1650 Arch Street, Philadelphia, PA that was not Federally-owned or background information on the Docket. 19107, (215) 814–3354. operated at the time of the listing; a Additional information on the Docket Dawn Taylor (4SF–SRSEB), US EPA facility included more than once (i.e., requirements and implementation are Region 4, 61 Forsyth St. SW., Atlanta, redundant listings); or when multiple found in the Docket Reference Manual, GA 30303, (404) 562–8575. facilities are combined under one Federal Agency Hazardous Waste Michael Chrystof (SR–6J), US EPA listing. (See Docket Codes (Categories Compliance Docket found at http:// Region 5, 77 W. Jackson Blvd., for Deletion of Facilities) for a more www.epa.gov/fedfac/documents/ Chicago, IL 60604, (312) 353–3705. refined list of the criteria EPA uses for docket.htm or obtained by calling the Philip Ofosu (6SF–RA), US EPA Region deleting sites from the Docket. Facilities Regional Docket Coordinators listed 6, 1445 Ross Avenue, Dallas, TX being deleted no longer will be subject below. Today’s notice also provides 75202–2733, (214) 665–3178. to the requirements of CERCLA Section changes to the list of sites included on Todd H. Davis (ERNB), US EPA Region 120(d). the Docket in three areas: (1) Additions, 7, 11201 Renner Blvd., Lenexa, KS 3.3 Corrections (2) Deletions, and (3) Corrections. 66219, (913) 551–7749. Specifically, additions are newly Ryan Dunham (EPR–F), US EPA Region Changes necessary to correct the identified Federal facilities that have 8, 1595 Wynkoop Street, Denver, CO previous Docket are identified by both been reported to EPA since the last 80202, (303) 312–6627. EPA and Federal agencies. The update and now are included on the corrections section may include changes Docket; the deletions section lists 1 See Section 3.2 for the criteria for being deleted in addresses or spelling, and corrections Federal facilities that EPA is deleting from the Docket. of the recorded name and ownership of

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a Federal facility. In addition, changes facilities, as reported under RCRA Mechanism.’’ Applicable mechanisms in the names of Federal facilities may be Section 3010; and (4) Federal facilities are listed for each Federal facility: for made to establish consistency in the that have mixed mine or mill site example, Sections 3005, 3010, 3016, Docket or between the Comprehensive ownership. 103(c), or Other. ‘‘Other’’ has been Environmental Response, An EPA policy issued in June 2003 added as a reporting mechanism to Compensation, and Liability provided guidance for a site-by-site indicate those Federal facilities that Information System (CERCLIS) and the evaluation as to whether ‘‘mixed otherwise have been identified to have Docket. For the Federal facility for ownership’’ mine or mill sites, typically releases or threat of releases of which a correction is entered, the created as a result of activities hazardous substances. The National original entry (designated by an ‘‘o’’), as conducted pursuant to the General Contingency Plan 40 CFR § 300.405 it appeared in previous Docket updates, Mining Law of 1872 and never reported addresses discovery or notification, is shown directly below the corrected under Section 103(a), should be outlines what constitutes discovery of a entry (designated by a ‘‘c’’) for easy included on the Docket. For purposes of hazardous substance release, and states comparison. Today, information is being that policy, mixed ownership mine or that a release may be discovered in corrected for one facility. mill sites are those located partially on several ways, including: (1) A report private land and partially on public submitted in accordance with Section 4.0 Process for Compiling the Updated land. This policy is found at http:// Docket 103(a) of CERCLA, i.e., reportable www.epa.gov/fedfac/pdf/ quantities codified at 40 CFR part 302; In compiling the newly reported mixownrshpmine.pdf. The policy for (2) a report submitted to EPA in Federal facilities for the update being not including these facilities may accordance with Section 103(c) of published today, EPA extracted the change; facilities now not included may CERCLA; (3) investigation by names, addresses, and identification be added at some point if EPA government authorities conducted in numbers of facilities from four EPA determines that they should be accordance with Section 104(e) of databases—the Emergency Response included. CERCLA or other statutory authority; (4) Notification System (ERNS), the notification of a release by a Federal or Biennial Inventory of Federal Agency 6.0 Facility NPL Status Reporting, Including NFRAP Status state permit holder when required by its Hazardous Waste Activities, the permit; (5) inventory or survey efforts or Resource Conservation and Recovery EPA typically tracks the NPL status of random or incidental observation Information System (RCRAInfo), and Federal facilities listed on the Docket. reported by government agencies or the CERCLIS—that contain information An updated list of the NPL status of all public; (6) submission of a citizen Docket facilities, as well as their NFRAP about Federal facilities submitted under petition to EPA or the appropriate status, is available at http:// the four provisions listed in CERCLA Federal facility requesting a preliminary www.epa.gov/fedfac/documents/ Section 120(c). assessment, in accordance with Section EPA assures the quality of the docket.htm or by contacting the EPA HQ 105(d) of CERCLA; (7) a report information on the Docket by Docket Coordinator at the address submitted in accordance with Section conducting extensive evaluation of the provided in the FOR FURTHER 311(b)(5) of the Clean Water Act; and (8) current Docket list with the information INFORMATION CONTACT section of this other sources. As a policy matter, EPA obtained from the databases identified notice. In prior updates, information generally believes it is appropriate for above to determine which Federal regarding NFRAP status changes was Federal facilities identified through the facilities were, in fact, newly reported provided separately. CERCLA discovery and notification and qualified for inclusion on the 7.0 Information Contained on Docket process to be included on the Docket. update. EPA is also striving to correct Listing The complete list of Federal facilities errors for Federal facilities that were that now make up the Docket and the previously reported. For example, state- The updated information is provided in three tables. The first table is a list NPL and NFRAP status are available to owned or privately-owned facilities that interested parties and can be obtained at are not operated by the Federal of new Federal facilities that are being added to the Docket; the second table is http://www.epa.gov/fedfac/documents/ government may have been included. docket.htm by clicking on the link for Such problems are sometimes caused by a list of Federal facilities that are being deleted from the Docket and the third Federal Agency Hazardous Waste procedures historically used to report Compliance Docket Update #26 or by and track Federal facilities data. table contains corrections of information included on the Docket. contacting the EPA HQ Docket Representatives of Federal agencies are Coordinator at the address provided in asked to write to the EPA HQ Docket The Federal facilities listed in each the FOR FURTHER INFORMATION CONTACT Coordinator at the address provided in table are organized by state and then grouped alphabetically within each state section of this notice. As of today, the the FOR FURTHER INFORMATION CONTACT by the Federal agency responsible for total number of Federal facilities that section of this notice if revisions of this appear on the Docket is 2,382. update information are necessary. the facility. Under each state heading is listed the name and address of the Dated: December 23, 2013. 5.0 Facilities Not Included facility, the Federal agency responsible Reggie Cheatham, Certain categories of facilities may not for the facility, the statutory provision(s) Director, Federal Facilities Restoration and be included on the Docket, such as: (1) under which the facility was reported to Reuse Office, Office of Solid Waste and Federal facilities formerly owned by a EPA, and a code.2 The code key Emergency Response. precedes the lists. Federal agency that at the time of Docket Codes consideration was not Federally-owned The statutory provisions under which or operated; (2) Federal facilities that are a Federal facility is reported are listed Categories for Deletion of Facilities in a column titled ‘‘Reporting small quantity generators (SQGs) that (1) Small-Quantity Generator. have never generated more than 1,000 (2) Never Federally Owned and/or 2 Each Federal facility listed in the update has kg of hazardous waste in any month; (3) been assigned a code that indicates a specific reason Operated. Federal facilities that are solely for the addition or deletion. The code precedes this (3) Formerly Federally Owned and/or hazardous waste transportation list. Operated but not at time of listing.

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(4) No Hazardous Waste Generated. (17) New Information Obtained (21) Changing Responsible Federal (5) (This code is no longer used.) Showing That Facility Should Be Agency. (If applicable, new responsible Included. (6) Redundant Listing/Site on Facility. Federal agency submits proof of (18) Facility Was a Site on a Facility previously performed PA, which is (7) Combining Sites Into One Facility/ That Was Disbanded; Now a Separate subject to approval by EPA.) Entries Combined. Facility. (22) Changing Responsible Federal (8) Does Not Fit Facility Definition. (19) Sites Were Combined Into One Facility. Agency and Facility Name. (If Categories for Addition of Facilities (19A) New currently Federally owned applicable, new responsible Federal and/or operated Facility site. agency submits proof of previously (15) Small-Quantity Generator with performed PA, which is subject to either a RCRA 3016 or CERCLA 103 Categories for Corrections of approval by EPA.) Reporting Mechanism. Information About Facilities (24) Reporting Mechanism (16) One Entry Being Split Into Two (20) Reporting Provisions Change. (or more)/Federal Agency Responsibility (20A) Typo Correction/Name Change/ Determined To Be Not Applicable After Being Split. Address Change. Review of Regional Files.

FEDERAL AGENCY HAZARDOUS WASTE COMPLIANCE DOCKET UPDATE #26—ADDITIONS

Reporting Facility name Address City State Zip code Agency mechanism Code

Transportation Security Admin- E Sky Harbor Blvd, Phoenix ...... AZ 85034 Transportation Se- 3010 19A istration. Ste 4206. curity Administra- tion. Naval Medical Center San Bob Wilson Drive ... San Diego ...... CA 92147 Dept of the Navy .... 3010 19A Diego (Balboa Hospital). San Diego V.A. Healthcare La Jolla Village San Diego ...... CA 92161–0002 Veterans Affairs ...... 3010 19A System. Drive. VA Long Beach Healthcare 5901 E 7th St ...... Long Beach ..... CA 90822 Veterans Affairs ...... 3010 19A System VALBHS. Department of Veteran Affairs E Colfax ...... Aurora ...... CO 80045 Veterans Affairs ...... 3010 19A US Customs House ...... 19th St ...... Denver ...... CO 80202 General Services 3010 19A Administration. VA Ct Health Care System ...... Willard Ave ...... Newington ...... CT 6111 Veterans Affairs ...... 3010 19A US Secret Service—Ariel Rios Pennsylvania Ave- Washington ...... DC 20004 Homeland Security 3010 19A Bldg. nue NW. Transportation Security Admin- NW 20th St Bldg Miami ...... FL 33142 Transportation Se- 3010 19A istration. 3050. curity Administra- tion. TSA Orlando International Air- Jeff Fuqua Blvd ...... Orlando ...... FL 32822 Transportation Se- 3010 19A port. curity Administra- tion. Transportation Security Agency Chalan Pasaheru Tamuning ...... GU 96913 Transportation Se- 3010 19A (TSA) At Guam International Street. curity Administra- Airport (GUM). tion. USDA Aphis WS Pocatello 238 E Dillon Street Pocatello ...... ID 83201 Agriculture ...... 3010 19A Supply Depot. Leavenworth VA CMOP ...... S 13th St ...... Leavenworth .... KS 66048 Veterans Affairs ...... 3010 19A Louisville Veterans Affairs Zorn Avenue ...... Louisville ...... KY 40202 Veterans Affairs ...... 3010 19A Medical Center. AEX ARSR ...... FAA Ave ...... Alexandria ...... LA 71311 Federal Aviation Ad- 3010 19A ministration. Southeast Louisiana Veterans Canal Street ...... New Orleans .... LA 70119 US Department of 3010 19A Healthcare System/Replace Veterans Affairs. New Orleans VA Medical CE. U.S. Army ...... Warrior Avenue ...... Alexandria ...... LA 71311 US Army ...... 3010 19A US Coast Guard Air Station Bldg 5216 Bryan Rd Bourne ...... MA 2542 US Coast Guard ..... 3010 19A Cape Cod. US FDA Office Of Criminal In- 11750 Beltsville Dr Beltsville ...... MD 20705 Health And Human 3010 19A vestigation. Suite 200. Services. Charles Evans Whittaker US 400 E 9th St ...... Kansas City ..... MO 64106–2607 General Services 3010 19A Federal Courthouse. Administration. General Services Administra- 607 Hardesty Ave .. Kansas City ..... MO 64124–3032 General Services 3010 19A tion Former Federal Center. Administration. VA Mt Hlth Care Systems Fort Veterans Dr ...... Fort Harrison .... MT 59636 Veterans Affairs ...... 3010 19A Harrison. NIEHS & EPA Waste Handling TW Alexander Drive Durham ...... NC 27709–2233 Dept. of Health and 3010 19A Facility. Human Services. US Department of Veterans Af- Woolworth ...... Omaha ...... NE 68105 Veterans Affairs...... 3010 19A fairs Nebraska-Western Iowa Health Care System. US Coast Guard Training Cen- 1 Munro Avenue ..... Cape May ...... NJ 8204 US Coast Guard ..... 3010 19A ter.

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FEDERAL AGENCY HAZARDOUS WASTE COMPLIANCE DOCKET UPDATE #26—ADDITIONS—Continued

Reporting Facility name Address City State Zip code Agency mechanism Code

Former Red Rocks Mine ...... 37 51’ 23 N Lat 118 Dyer ...... NV 89010 US Dept of Agri- 3010 19A 14’ 34 W L. culture. Canandaigua VA Medical Cen- 400 Foot Hill Ave- Canandaigua ... NY 14424 Veterans Affairs...... 3010 19A ter. nue. Louis Stokes Cleveland VAMC 10701 East Blvd ..... Cleveland ...... OH 44106 Veterans Affairs ...... 3010 19A TSA Portland International Air- 7000 NE Airport WY Portland ...... OR 97218 Transportation Se- 3010 19A port. Lwr Lvl SE. curity Administra- tion. US Navy Naval Station New- 1 Simonpietri Drive Newport ...... RI 2841 US Navy ...... 3010 19A port. NASA Ellington Field ...... SW 36th St ...... Houston ...... TX 77058 National Aero- 3010 19A nautics and Space Adminis- tration. TCR Composites (Prev. Atk 530 West ...... Ogden ...... UT 84404 Department of Army 3010 19A Space System). TSA Seatac Airport ...... 17801 Intl Blvd, Rm Seattle ...... WA 98158 Transportation Se- 3010 19A 6631. curity Administra- tion. USDHS CG Alki Point Light- 3201 Alki Ave SW .. Seattle ...... WA 98116 Dept of Homeland 3010 19A house. Security. USDHS CG North Head Light- N North Head Light- Ilwaco ...... WA 98624 Dept of Homeland Other 19A house. house Road, 2 Mi Security. SW of Ilwaco/ 46.29891 N, 124.07805 W. Natl Coldwater Aquaculture Ctr 11861 Leetown Rd Kearneysville ... WV 25430 Dept of Agriculture 3010 19A

FEDERAL AGENCY HAZARDOUS WASTE COMPLIANCE DOCKET UPDATE #26—DELETIONS

Reporting Facility name Address City State Zip code Agency mechanism Code

Lewis University Correctional 1125 N Collins ...... Joliet ...... IL 60436 Justice ...... 3010 2 Center. Engineering District Lou Mon- 1620 E Monroe Bloomington ..... IN 47401 Army...... 3010 1 roe. Dam Ct.

FEDERAL AGENCY HAZARDOUS WASTE COMPLIANCE DOCKET UPDATE #26—CORRECTIONS

Reporting Facility name Address City State Zip code Agency mechanism Code

c—FWS-Hawaiian Islands Na- French Frigate ...... HI ...... Interior ...... 3016 20A tional Wildlife Refuge: Tern Shoals. Island. o—FWS-Hawaiian Islands Na- French Frigate ...... HI ...... Interior ...... 3016 20A tional Wildlife Refuge. Shoals, Tern Is- land.

[FR Doc. 2013–31568 Filed 1–3–14; 8:45 am] DATE AND TIME: The regular meeting of SUPPLEMENTARY INFORMATION for further BILLING CODE 6560–50–P the Board will be held at the offices of information about attendance requests. the Farm Credit Administration in SUPPLEMENTARY INFORMATION: Parts of McLean, Virginia, on January 9, 2014, from 9:00 a.m. until such time as the this meeting of the Board will be open FARM CREDIT ADMINISTRATION Board concludes its business. to the public (limited space available), and parts will be closed to the public. Farm Credit Administration Board; FOR FURTHER INFORMATION CONTACT: Dale Please send an email to VisitorRequest@ Sunshine Act; Regular Meeting L. Aultman, Secretary to the Farm FCA.gov at least 24 hours before the Credit Administration Board, (703) 883– meeting. In your email include: Name, AGENCY: Farm Credit Administration. 4009, TTY (703) 883–4056. postal address, entity you are SUMMARY: Notice is hereby given, ADDRESSES: Farm Credit representing (if applicable), and pursuant to the Government in the Administration, 1501 Farm Credit Drive, telephone number. You will receive an Sunshine Act, of the regular meeting of McLean, Virginia 22102–5090. Submit email confirmation from us. Please be the Farm Credit Administration Board attendance requests via email to prepared to show a photo identification (Board). [email protected]. See when you arrive. If you need assistance

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for accessibility reasons, or if you have Scientific Review, National Institutes of to States for Implementation of the any questions, contact Dale L. Aultman, Health, 6701 Rockledge Drive, Room 5182, Substance Abuse Block Grant (SABG) Secretary to the Farm Credit MSC 7844, Bethesda, MD 20892, (301) 408– for Prevention and Treatment (Short Administration Board, at (703) 883– 9664, [email protected]. Title: SABG–TA). The purpose of this 4009. The matters to be considered at Name of Committee: Cardiovascular and program is to provide technical the meeting are: Respiratory Sciences Integrated Review assistance (TA) to substance abuse Group Lung Injury, Repair, and Remodeling Single State Agencies (SSAs) to increase Open Session Study Section. Date: February 3–4, 2014. service capacity, including recovery A. Approval of Minutes Time: 8:00 a.m. to 5:00 p.m. support services, develop integrated • December 12, 2013 Agenda: To review and evaluate grant systems of care, improve behavioral applications. health outcomes, and support strategies B. New Business Place: Embassy Suites at the Chevy Chase for addressing health disparities in use • Standards of Conduct—Proposed Pavilion, 4300 Military Road NW., of the National Standards for Culturally Washington, DC 20015. Rule and Linguistically Appropriate Services Contact Person: Ghenima Dirami, Ph.D., (CLAS) in Health and Health Care. In Scientific Review Officer, Center for C. Reports addition, the program will provide TA • Scientific Review, National Institutes of Equal Employment Opportunity Health, 6701 Rockledge Drive, Room 4122, support to the National Prevention and Inclusion Update MSC 7814, Bethesda, MD 20892, 240–498– Network (NPN) leadership in support of • Auditor’s Report on FCA FY 2013/ 7546, [email protected]. the further development of state 2012 Financial Statements Name of Committee: Musculoskeletal, Oral prevention systems as it relates to the implementation of the SABG program. Closed Session * and Skin Sciences Integrated Review Group Arthritis, Connective Tissue and Skin Study SABG–TA funds will be used to assist • Executive Meeting with Auditors Section. states in responding to emerging issues, Dated: January 2, 2014. Date: February 3–4, 2014. such as the Affordable Care Act, parity, Time: 8:30 a.m. to 6:00 p.m. Dale L. Aultman, information technology innovations, Agenda: To review and evaluate grant implementation of evidence-based Secretary, Farm Credit Administration Board applications. practices, and issues related to program [FR Doc. 2014–00024 Filed 1–2–14; 4:15 pm] Place: Hilton Garden Inn, 7301 Waverly integrity. These funds are used for BILLING CODE 6705–01–P Street, Bethesda, MD 20814. Contact Person: Aftab A. Ansari, Ph.D., prevention, treatment, recovery support, Scientific Review Officer, Center for and other services that will assist in the Scientific Review, National Institutes of development, implementation, and DEPARTMENT OF HEALTH AND Health, 6701 Rockledge Drive, Room 4108, management of the SABG program. HUMAN SERVICES MSC 7814, Bethesda, MD 20892, 301–237– Funding Opportunity Title: TI–14– 9931, [email protected]. National Institutes of Health 002. (Catalogue of Federal Domestic Assistance Catalog of Federal Domestic Program Nos. 93.306, Comparative Medicine; Assistance (CFDA) Number: 93.243. Center for Scientific Review; Notice of 93.333, Clinical Research, 93.306, 93.333, Closed Meetings Authority: Section 1935 of the Public 93.337, 93.393–93.396, 93.837–93.844, Health Services Act, as amended. Pursuant to section 10(d) of the 93.846–93.878, 93.892, 93.893, National Justification: Eligibility for this award Institutes of Health, HHS) Federal Advisory Committee Act, as is limited to NASADAD. NASADAD is amended (5 U.S.C. App.), notice is Dated: December 30, 2013. in the unique position to facilitate these hereby given of the following meetings. Melanie J. Gray, activities because: The meetings will be closed to the Program Analyst, Office of Federal Advisory • NASADAD is the sole and unique public in accordance with the Committee Policy. organization with a direct official provisions set forth in sections [FR Doc. 2013–31494 Filed 1–3–14; 8:45 am] relationship with the SSAs and is the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., BILLING CODE 4140–01–P only agency of its type representing all as amended. The grant applications and the SSAs for substance use disorder the discussions could disclose treatment and primary prevention confidential trade secrets or commercial DEPARTMENT OF HEALTH AND activities. property such as patentable material, HUMAN SERVICES • NASADAD has helped to and personal information concerning professionalize the field, and support individuals associated with the grant Substance Abuse and Mental Health the systematic development of applications, the disclosure of which Services Administration evidence-based models of screening, would constitute a clearly unwarranted assessment, treatment, and recovery Fiscal Year (FY) 2014 Funding invasion of personal privacy. support services. Such interventions Opportunity Name of Committee: Center for Scientific yield favorable outcomes, are cost- Review Special Emphasis Panel Program AGENCY: Substance Abuse and Mental effective, scalable, and sustainable. Project: Pain and Drug Abuse. Health Services Administration, HHS. Significant investments in training and Date: January 22–23, 2014. ACTION: Notice of intent to award a workforce development have made Time: 8:00 a.m. to 6:00 p.m. single source grant to the National these interventions accessible to Agenda: To review and evaluate grant Association of State Alcohol and Drug providers of treatment and prevention applications. Abuse Directors (NASADAD). services around the country. Place: National Institutes of Health, 6701 • Over the years, NASADAD has built Rockledge Drive, Bethesda, MD 20892, SUMMARY: This notice is to inform the an extensive array of constituency (Virtual Meeting). Contact Person: John Bishop, Ph.D., public that the Substance Abuse and groups and has maintained these Scientific Review Officer, Center for Mental Health Services Administration ongoing memberships in order to (SAMHSA) intends to award $1.162 coordinate group activities via * Session Closed-Exempt pursuant to 5 U.S.C. million (total costs) for up to three years teleconference, net conference, or in Section 552b(c)(2). to NASADAD for Technical Assistance person meetings, as necessary for the

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purpose of educating the public about I have determined that the damage in (Presidentially Declared Disasters); 97.039, the value and importance of substance certain areas of the State of California Hazard Mitigation Grant. resulting from the Rim Fire during the period use disorder treatment and prevention. W. Craig Fugate, • NASADAD is the sole organization of August 17 to October 24, 2013, is of sufficient severity and magnitude to warrant Administrator, Federal Emergency that has been utilizing a Web-based Management Agency. process to facilitate SSA dialogue on a major disaster declaration under the Robert [FR Doc. 2013–31501 Filed 1–3–14; 8:45 am] SSA management, clinical program and T. Stafford Disaster Relief and Emergency research issues practices within the Assistance Act, 42 U.S.C. 5121 et seq. (the BILLING CODE 9111–23–P SSAs/NPNs, and recognizes and ‘‘Stafford Act’’). Therefore, I declare that such promotes a number of critical a major disaster exists in the State of prevention research products. California. DEPARTMENT OF HOUSING AND • NASADAD’s constituency and staff In order to provide Federal assistance, you URBAN DEVELOPMENT are hereby authorized to allocate from funds are a repository of knowledge on state [Docket No. FR–5684–N–09] issues related to substance abuse available for these purposes such amounts as treatment indicators and are you find necessary for Federal disaster 60-Day Notice of Proposed Information accountable for performance in the assistance and administrative expenses. Collection: Congressional Earmark SABG grant. This knowledge is critical You are authorized to provide Public Grants to the grant project. Assistance in the designated areas and As a result, NASADAD is uniquely Hazard Mitigation throughout the State. AGENCY: Office of Community Planning qualified and positioned to carry out the Consistent with the requirement that Federal and Development, HUD. requirements of this announcement. assistance be supplemental, any Federal ACTION: Notice. Contact: Cathy Friedman, Substance funds provided under the Stafford Act for Abuse and Mental Health Services Hazard Mitigation will be limited to 75 SUMMARY: HUD is seeking approval from Administration, 1 Choke Cherry Road, percent of the total eligible costs. Federal the Office of Management and Budget funds provided under the Stafford Act for Room 8–1097, Rockville, MD 20857; (OMB) for the information collection Public Assistance also will be limited to 75 telephone: (240) 276–2316; email: described below. In accordance with the percent of the total eligible costs, with the [email protected]. Paperwork Reduction Act, HUD is exception of projects that meet the eligibility requesting comment from all interested Cathy J. Friedman, criteria for a higher Federal cost-sharing parties on the proposed collection of SAMHSA Public Health Analyst. percentage under the Public Assistance information. The purpose of this notice Alternative Procedures Pilot Program for [FR Doc. 2013–31583 Filed 1–3–14; 8:45 am] is to allow for 60 days of public Debris Removal implemented pursuant to BILLING CODE 4162–20–P comment. section 428 of the Stafford Act. The Department’s Congressional Further, you are authorized to make Grants Division administers changes to this declaration for the approved congressionally mandated grants, DEPARTMENT OF HOMELAND assistance to the extent allowable under the SECURITY Stafford Act. known as earmarks. These projects have been identified in the annual Federal Emergency Management The Federal Emergency Management appropriation of funds to the Agency Agency (FEMA) hereby gives notice that Department and in the accompanying [Internal Agency Docket No. FEMA–4158– pursuant to the authority vested in the conference reports or congressional DR; Docket ID FEMA–2013–0001] Administrator, under Executive Order record accompanying each 12148, as amended, Stephen M. appropriation. Earmarks generally fall California; Major Disaster and Related DeBlasio Sr., of FEMA is appointed to into two categories: Economic Determinations act as the Federal Coordinating Officer Development Initiative–Special Project for this major disaster. (EDI–SP) and Neighborhood Initiative AGENCY: Federal Emergency (NI) grants. Management Agency, DHS. The following area of the State of DATES: Comments Due Date: March 7, ACTION: Notice. California has been designated as adversely affected by this major disaster: 2014. SUMMARY: This is a notice of the Tuolumne County for Public Assistance. ADDRESSES: Interested persons are Presidential declaration of a major All counties within the State of California invited to submit comments regarding disaster for the State of California are eligible to apply for assistance under the this proposal. Comments should refer to (FEMA–4158–DR), dated December 13, Hazard Mitigation Grant Program. the proposal by name and/or OMB 2013, and related determinations. The following Catalog of Federal Domestic Control Number and should be sent to: DATES: Effective Date: December 13, Assistance Numbers (CFDA) are to be used Colette Pollard, Reports Management 2013. for reporting and drawing funds: 97.030, Officer, QDAM, Department of Housing Community Disaster Loans; 97.031, Cora FOR FURTHER INFORMATION CONTACT: and Urban Development, 451 7th Street Brown Fund; 97.032, Crisis Counseling; Dean Webster, Office of Response and SW., Room 4176, Washington, DC 97.033, Disaster Legal Services; 97.034, Recovery, Federal Emergency 20410–5000; telephone 202–402–3400 Disaster Unemployment Assistance (DUA); (this is not a toll-free number) or email Management Agency, 500 C Street SW., 97.046, Fire Management Assistance Grant; at [email protected] for a copy of Washington, DC 20472, (202) 646–2833. 97.048, Disaster Housing Assistance to the proposed forms or other available SUPPLEMENTARY INFORMATION: Notice is Individuals and Households in Presidentially hereby given that, in a letter dated Declared Disaster Areas; 97.049, information. Persons with hearing or December 13, 2013, the President issued Presidentially Declared Disaster Assistance— speech impairments may access this a major disaster declaration under the Disaster Housing Operations for Individuals number through TTY by calling the toll- authority of the Robert T. Stafford and Households; 97.050, Presidentially free Federal Relay Service at (800) 877– Disaster Relief and Emergency Declared Disaster Assistance to Individuals 8339. Assistance Act, 42 U.S.C. 5121 et seq. and Households—Other Needs; 97.036, FOR FURTHER INFORMATION CONTACT: (the ‘‘Stafford Act’’), as follows: Disaster Grants—Public Assistance Colette Pollard, Reports Management

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Officer, QDAM, Department of Housing utility, and clarity of the information to through applications, semi-annual and Urban Development, 451 7th Street be collected and (4) Minimize the reports, and close out reports. The SW., Washington, DC 20410; email burden of collection of information on information that is collected is used to Colette Pollard at Colette.Pollard@ those who are to respond; including the assess performance. Grantees are units hud.gov or telephone 202–402–3400. use of appropriate automated collection of state and local government, This is not a toll-free number. Persons techniques or other forms of technology, nonprofits and Indian tribes. with hearing or speech impairments e.g., permitting electronic submission of Respondents are initially identified by may access this number through TTY by responses. congress and generally fall into two calling the toll-free Federal Relay This Notice also lists the following categories: Economic Development Service at (800) 877–8339. information: Initiative—Special Project (EDI–SP) Copies of available documents A. Overview of Information Collection grantees and Neighborhood Initiative submitted to OMB may be obtained (NI) grantees. The agency has used the from Ms. Pollard. Title of Information Collection: application, semi-annual reports and Congressional Earmark Grants. SUPPLEMENTARY INFORMATION: This close out reports to track grantee OMB Approval Number: 2506–0179. performance in the implementation of notice informs the public that HUD is Type of Request (i.e. new, revision or approved projects. seeking approval from OMB for the extension of currently approved information collection described in collection): extension of a currently Respondents (i.e. affected public): Section A. approved collection. local and state governments, nonprofits This Notice is soliciting comments Form Number: SF–424; SF–LLL; and Indian tribes. from members of the public and affected SF–1199A; HUD–27054; SF–425; HUD Estimated Number of Respondents: agencies concerning the proposed 27053, HUD–27056. 1400. collection of information to: (1) Evaluate Description of the need for the Estimated Number of Responses: whether the proposed collection is information and proposed use: HUD’s 2800. necessary for the proper performance of Congressional Grants Division and its Frequency of Response: 2. the functions of the agency, including Environmental Officers in the field use whether the information will have this information to make funds available Average Hours per Response: .5. practical utility; (2) Evaluate the to entities directed to receive funds Total Estimated Burdens: 1400. accuracy of the agency’s estimate of the appropriated by Congress. This Note: Preparer of this notice may substitute burden of proposed collection of information is used to collect, receive, the chart for everything beginning with information; (3) Enhance the quality, review and monitor program activities estimated number of respondents above:

Number of Frequency of Responses Burden hour Annual burden Hourly cost Information collection respondents response per annum per response hours per response Annual cost

1400 2 2800 .5 1400 33.50 $46,900

Total ......

B. Solicitation of Public Comment Dated: December 27, 2013. September 16, 2010, Stipulated This notice is soliciting comments Mark Johnston, Settlement Agreement between from members of the public and affected Deputy Assistant Secretary for Special Needs WildEarth Guardians and the Secretary parties concerning the collection of Program. of the Interior. This species historically information described in Section A on [FR Doc. 2013–31573 Filed 1–3–14; 8:45 am] occurred in southern Texas in the the following: BILLING CODE 4210–67–P United States, and is currently known to (1) Whether the proposed collection occur in eastern Mexico as far south as of information is necessary for the Veracruz. proper performance of the functions of DEPARTMENT OF THE INTERIOR ADDRESSES: If you wish to review the the agency, including whether the final recovery plan, you may obtain a information will have practical utility; Fish and Wildlife Service copy by any one of the following (2) The accuracy of the agency’s methods: [FWS–R2–ES–2013–N275; • estimate of the burden of the proposed FXES11130200000C2–112–FF02ENEH00] Internet: http://www.fws.gov/ collection of information; endangered/species/recovery- (3) Ways to enhance the quality, Endangered and Threatened Wildlife plans.html; utility, and clarity of the information to and Plants; Final Recovery Plan for the • U.S. mail: South Texas Refuges be collected; and Gulf Coast Jaguarundi Complex Headquarters, Attn: Mitch Sternberg, 3325 Green Jay Road, Alamo, (4) Ways to minimize the burden of AGENCY: Fish and Wildlife Service, TX 78516; the collection of information on those Interior. who are to respond; including through • Telephone: (956) 784–7500; ACTION: Notice of availability; request the use of appropriate automated • Fax: (956) 787–8338; or for comment. collection techniques or other forms of • Email: [email protected]. information technology, e.g., permitting SUMMARY: We, the U.S. Fish and FOR FURTHER INFORMATION CONTACT: electronic submission of responses. Wildlife Service, announce the Mitch Sternberg, at the above address, HUD encourages interested parties to availability of our final recovery plan for phone number, or email. submit comment in response to these the Gulf Coast jaguarundi under the SUPPLEMENTARY INFORMATION: We questions. Endangered Species Act of 1973, as announce the availability of our final Authority: Section 3507 of the Paperwork amended (Act). We have developed this recovery plan for the Gulf Coast Reduction Act of 1995, 44 U.S.C. Chapter 35. final recovery plan to comply with a jaguarundi (Puma yagouaroundi

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cacomitli). The recovery plan was The Sinaloan jaguarundi (Puma • Assure the long-term viability of prepared by biologists from the United yagouaroundi tolteca) was originally jaguarundi conservation through States, with input from experts in listed under the Act at the same time as partnerships, the development and Mexico. We made the draft recovery the Gulf Coast subspecies. Because all of application of incentives for plan available via a Federal Register the current information indicates that landowners, application of existing notice published on December 26, 2012 the tolteca subspecies occurs entirely regulations, and public education and (77 FR 76066); this notice opened a outside the United States and has never outreach. comment period that ran through been confirmed within the United • Practice adaptive management, in February 22, 2013, and requested States, the Sinaloan jaguarundi was which recovery is monitored and comments from local, State, and Federal exempted from recovery planning on recovery tasks are revised by the FWS agencies; and the public. We considered June 7, 2011. as new information becomes available. information we received from these The Gulf Coast jaguarundi is found in The draft revised recovery plan entities, as well as that obtained from the Tamaulipan Biotic Province of contains recovery criteria based on two independent peer reviewers, in northeast Mexico and south Texas. maintaining and increasing population finalizing this revised recovery plan. Within Mexico it occurs in the eastern numbers and habitat quality and Background lowlands and has not been recorded in quantity. The revised recovery plan the Central Highlands. In southern focuses on protecting populations, Recovery of endangered or threatened Texas, jaguarundis used dense thorny managing threats, maintaining habitat, animals and plants to the point where shrublands. Jaguarundis will use monitoring progress, and building they are again secure, self-sustaining bunchgrass pastures if dense brush or partnerships to facilitate recovery. members of their ecosystems is a woody cover is nearby. As the subspecies meets recovery primary goal of our endangered species The primary known threats to the criteria, we will review the subspecies’ program and the Act (16 U.S.C. 1531 et Gulf Coast jaguarundi are habitat status and consider removal from the seq.). Recovery means improvement of destruction, degradation, and List. the status of listed species to the point fragmentation associated with at which listing is no longer appropriate Authority agriculture and urbanization, and, to under the criteria set out in section some extent, border security activities. We developed our final recovery plan 4(a)(1) of the Act. The Act requires the Mortality from collisions with vehicles under the authority of section 4(f) of the development of recovery plans for listed is also a threat. Act, 16 U.S.C. 1533(f). We publish this species, unless such a plan would not notice under section 4(f) Endangered promote the conservation of a particular Recovery Plan Goals Species Act of 1973, as amended (16 species. The objective of an agency recovery U.S.C. 1531 et seq.). Species’ History plan is to provide a framework for the Dated: December 20, 2013. We listed the Gulf Coast jaguarundi as recovery of a species so that protection Joy E. Nicholopoulos, an endangered species under the Act on under the Act is no longer necessary. A Acting Regional Director, Southwest Region, June 14, 1976 (41 FR 24062). The Listed recovery plan includes scientific U.S. Fish and Wildlife Service. Cats of Texas and Arizona Recovery information about the species and [FR Doc. 2013–31533 Filed 1–3–14; 8:45 am] Plan (With Emphasis on the Ocelot) was provides criteria and actions necessary BILLING CODE 4310–55–P completed in 1990, and it briefly for us to be able to reclassify the species addressed the jaguar, jaguarundi, and to threatened status or remove it from margay, but focused on the ocelot, the Federal List of Endangered and INTERNATIONAL TRADE primarily in Texas. The Final Gulf Coast Threatened Wildlife and Plants (List). COMMISSION Jaguarundi Recovery Plan only applies Recovery plans help guide our recovery to the Gulf Coast subspecies of efforts by describing actions we Notice of Receipt of Complaint; jaguarundi. consider necessary for the species’ Solicitation of Comments Relating to The jaguarundi was originally conservation, and by estimating time the Public Interest included in the genus Felis, and the and costs for implementing needed Gulf Coast jaguarundi was originally recovery measures. To achieve its goals, AGENCY: U.S. International Trade listed under the Act as Felis this final recovery plan identifies the Commission. yagouaroundi cacomitli in 1976. Later, following objectives: ACTION: Notice. genus classification was changed from • Support efforts to develop more Felis to Herpailurus, and this widely effective survey techniques for SUMMARY: Notice is hereby given that accepted change was subsequently jaguarundis and to ascertain the status, the U.S. International Trade made to the listing. Thus, this better understand ecological and Commission has received a complaint subspecies is currently listed under the conservation needs, and promote entitled Certain Electronic Hand-Held Act as Herpailurus (=Felis) conservation of the Gulf Coast Pulse Massagers and Components yagouaroundi cacomitli. However, more jaguarundi and its habitats. Thereof, DN 2997; the Commission is recent genetic work assigns the • Assess, protect, and restore soliciting comments on any public jaguarundi to the genus Puma, and this sufficient habitat and connectivity to interest issues raised by the complaint has become the generally accepted support viable populations and genetic or complainant’s filing under section nomenclature. Therefore, in keeping exchange of the Gulf Coast jaguarundi in 210.8(b) of the Commission’s Rules of with this current information, we refer southern Texas and in Mexico. Practice and Procedure (19 CFR to the Gulf Coast jaguarundi subspecies • Reduce the effects of human 210.8(b)). as Puma yagouaroundi cacomitili population growth and development on FOR FURTHER INFORMATION CONTACT: Lisa throughout this recovery plan, and we potential Gulf Coast jaguarundi habitat R. Barton, Acting Secretary to the officially accept the new scientific name in the United States and on the Commission, U.S. International Trade of the jaguarundi as Puma jaguarundi’s potential survival and Commission, 500 E Street SW., yagouaroundi. mortality. Washington, DC 20436, telephone (202)

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205–2000. The public version of the relief specifically requested by the directed to the Secretary to the complaint can be accessed on the complainant in this investigation would Commission and must include a full Commission’s Electronic Document affect the public health and welfare in statement of the reasons why the Information System (EDIS) at EDIS,1 and the United States, competitive Commission should grant such will be available for inspection during conditions in the United States treatment. See 19 CFR 201.6. Documents official business hours (8:45 a.m. to 5:15 economy, the production of like or for which confidential treatment by the p.m.) in the Office of the Secretary, U.S. directly competitive articles in the Commission is properly sought will be International Trade Commission, 500 E United States, or United States treated accordingly. All nonconfidential Street SW., Washington, DC 20436, consumers. written submissions will be available for telephone (202) 205–2000. In particular, the Commission is public inspection at the Office of the General information concerning the interested in comments that: Secretary and on EDIS.5 Commission may also be obtained by (i) Explain how the articles This action is taken under the accessing its Internet server at United potentially subject to the requested authority of section 337 of the Tariff Act States International Trade Commission remedial orders are used in the United of 1930, as amended (19 U.S.C. 1337), 2 (USITC) at USITC. The public record States; and of sections 201.10 and 210.8(c) of for this investigation may be viewed on (ii) identify any public health, safety, the Commission’s Rules of Practice and the Commission’s Electronic Document or welfare concerns in the United States Procedure (19 CFR 201.10, 210.8(c)). Information System (EDIS) at EDIS.3 relating to the requested remedial Hearing-impaired persons are advised orders; By order of the Commission. that information on this matter can be (iii) identify like or directly Issued: December 30, 2013. obtained by contacting the competitive articles that complainant, William R. Bishop, Commission’s TDD terminal on (202) its licensees, or third parties make in the Supervisory Hearings and Information 205–1810. United States which could replace the Officer. SUPPLEMENTARY INFORMATION: The subject articles if they were to be [FR Doc. 2013–31526 Filed 1–3–14; 8:45 am] Commission has received a complaint excluded; BILLING CODE 7020–02–P and a submission pursuant to section (iv) indicate whether complainant, 210.8(b) of the Commission’s Rules of complainant’s licensees, and/or third INTERNATIONAL TRADE Practice and Procedure filed on behalf party suppliers have the capacity to COMMISSION of Prospera Corporation on December replace the volume of articles potentially subject to the requested 30, 2013. The complaint alleges Notice of Receipt of Complaint; violations of section 337 of the Tariff exclusion order and/or a cease and desist order within a commercially Solicitation of Comments Relating to Act of 1930 (19 U.S.C. 1337) in the the Public Interest importation into the United States, the reasonable time; and (v) explain how the requested sale for importation, and the sale within AGENCY: remedial orders would impact United U.S. International Trade the United States after importation of Commission. certain electronic hand-held pulse States consumers. massagers and components thereof. The Written submissions must be filed no ACTION: Notice. complaint names as respondents Sanjay later than by close of business, eight Gupta d/b/a Santa Medical, Tustin, CA; calendar days after the date of SUMMARY: Notice is hereby given that BeautyKo, LLC, Great Neck, NY; Bia publication of this notice in the Federal the U.S. International Trade Health Technologies Ltd. d/b/a/Mapleaf, Register. There will be further Commission has received a complaint Ontario, Canada; Sunpentown opportunities for comment on the entitled Certain Non-Volatile Memory International, Inc. (SPT), City of public interest after the issuance of any Chips and Products Containing Same, Industry, CA; TruCore Distributors, Inc., final initial determination in this DN 2996; the Commission is soliciting Farmingville, NY; SIM Trading investigation. comments on any public interest issues Corporation, Halladale, FL; and K.S. Persons filing written submissions raised by the complaint or Choi, Corporation, Los Angeles, CA. The must file the original document complainant’s filing under section complainant requests that the electronically on or before the deadlines 210.8(b) of the Commission’s Rules of Commission issue a permanent limited stated above and submit 8 true paper Practice and Procedure (19 CFR exclusion order, cease-and-desist orders, copies to the Office of the Secretary by 210.8(b)). and a bond upon respondents’ alleged noon the next day pursuant to section FOR FURTHER INFORMATION CONTACT: Lisa infringing articles during the 60-day 210.4(f) of the Commission’s Rules of R. Barton, Acting Secretary to the Presidential review period pursuant to Practice and Procedure (19 CFR Commission, U.S. International Trade 19 U.S.C. 1337(j). 210.4(f)). Submissions should refer to Proposed respondents, other the docket number (‘‘Docket No. 2997’’) Commission, 500 E Street SW., interested parties, and members of the in a prominent place on the cover page Washington, DC 20436, telephone (202) public are invited to file comments, not and/or the first page. (See Handbook for 205–2000. The public version of the to exceed five (5) pages in length, Electronic Filing Procedures, Electronic complaint can be accessed on the Filing Procedures 4). Persons with Commission’s Electronic Document inclusive of attachments, on any public 1 interest issues raised by the complaint questions regarding filing should Information System (EDIS) at EDIS, and or section 210.8(b) filing. Comments contact the Secretary (202–205–2000). will be available for inspection during should address whether issuance of the Any person desiring to submit a official business hours (8:45 a.m. to 5:15 document to the Commission in p.m.) in the Office of the Secretary, U.S. 1 Electronic Document Information System confidence must request confidential International Trade Commission, 500 E (EDIS): http://edis.usitc.gov. treatment. All such requests should be 2 United States International Trade Commission 5 Electronic Document Information System (USITC): http://edis.usitc.gov. 4 Handbook for Electronic Filing Procedures: (EDIS): http://edis.usitc.gov. 3 Electronic Document Information System http://www.usitc.gov/secretary/fed_reg_notices/ 1 Electronic Document Information System (EDIS): http://edis.usitc.gov. rules/handbook_on_electronic_filing.pdf. (EDIS): http://edis.usitc.gov.

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Street SW., Washington, DC 20436, United States, or United States treated accordingly. All nonconfidential telephone (202) 205–2000. consumers. written submissions will be available for General information concerning the In particular, the Commission is public inspection at the Office of the Commission may also be obtained by interested in comments that: Secretary and on EDIS.5 accessing its Internet server at United (i) Explain how the articles This action is taken under the States International Trade Commission potentially subject to the requested authority of section 337 of the Tariff Act (USITC) at USITC.2 The public record remedial orders are used in the United of 1930, as amended (19 U.S.C. 1337), for this investigation may be viewed on States; and of sections 201.10 and 210.8(c) of the Commission’s Electronic Document (ii) identify any public health, safety, the Commission’s Rules of Practice and Information System (EDIS) at EDIS.3 or welfare concerns in the United States Procedure (19 CFR 201.10, 210.8(c)). Hearing-impaired persons are advised relating to the requested remedial By order of the Commission. that information on this matter can be orders; Issued: December 30, 2013. (iii) identify like or directly obtained by contacting the William R. Bishop, competitive articles that complainant, Commission’s TDD terminal on (202) Supervisory Hearings and Information 205–1810. its licensees, or third parties make in the Officer. United States which could replace the SUPPLEMENTARY INFORMATION: The subject articles if they were to be [FR Doc. 2013–31523 Filed 1–3–14; 8:45 am] Commission has received a complaint excluded; BILLING CODE 7020–02–P and a submission pursuant to section (iv) indicate whether complainant, 210.8(b) of the Commission’s Rules of complainant’s licensees, and/or third Practice and Procedure filed behalf of party suppliers have the capacity to DEPARTMENT OF JUSTICE Macronix International Co., Ltd. and replace the volume of articles Macronix America, Inc. on December Foreign Claims Settlement potentially subject to the requested Commission 27, 2013. The complaint alleges exclusion order and/or a cease and violations of section 337 of the Tariff desist order within a commercially [F.C.S.C. Meeting and Hearing Notice No. Act of 1930 (19 U.S.C. 1337) in the reasonable time; and 01–14] importation into the United States, the (v) explain how the requested sale for importation, and the sale within remedial orders would impact United Sunshine Act Meeting the United States after importation of States consumers. The Foreign Claims Settlement certain non-volatile memory chips and Written submissions must be filed no Commission, pursuant to its regulations products containing same. The later than by close of business, eight (45 CFR 503.25) and the Government in complaint name as respondents calendar days after the date of the Sunshine Act (5 U.S.C. 552b), Spansion Inc., Sunnyvale, CA, Spansion publication of this notice in the Federal hereby gives notice in regard to the LLC, Sunnyvale, CA, Spansion Register. There will be further scheduling of open meetings as follows: (Thailand) Ltd., Thailand, Beats opportunities for comment on the Wednesday, January 15, 2014: 11:00 Electronics LLC, Santa Monica, CA, public interest after the issuance of any a.m.—Issuance of Proposed Decision in Delphi Automotive PLC, United final initial determination in this claims against Iraq. Kingdom, Delphi Automotive Systems, investigation. STATUS: Open. LLC, Troy, MI, Harman International Persons filing written submissions All meetings are held at the Foreign Industries, Inc., Stamford, CT, Harman must file the original document Claims Settlement Commission, 600 E Becker Automotive Systems, Inc., electronically on or before the deadlines Street NW., Washington, DC. Requests Farmington Hills, MI, Harman Becker stated above and submit 8 true paper for information, or advance notices of Automotive Systems GmbH, Germany, copies to the Office of the Secretary by intention to observe an open meeting, Ruckus Wireless, Inc., Sunnyvale, CA, noon the next day pursuant to section may be directed to: Patricia M. Hall, and Tellabs, Inc., Naperville, IL. The 210.4(f) of the Commission’s Rules of Foreign Claims Settlement Commission, complainant requests that the Practice and Procedure (19 CFR 600 E Street NW., Suite 6002, Commission issue a permanent general 210.4(f)). Submissions should refer to Washington, DC 20579. Telephone: exclusion order and a permanent cease the docket number (‘‘Docket No. 2996’’) (202) 616–6975. and desist order. in a prominent place on the cover page Brian M. Simkin, Proposed respondents, other and/or the first page. (See Handbook for interested parties, and members of the Electronic Filing Procedures, Electronic Chief Counsel. public are invited to file comments, not Filing Procedures 4). Persons with [FR Doc. 2014–00037 Filed 1–2–14; 4:15 pm] to exceed five (5) pages in length, questions regarding filing should BILLING CODE 4410–BA–P inclusive of attachments, on any public contact the Secretary (202–205–2000). interest issues raised by the complaint Any person desiring to submit a or section 210.8(b) filing. Comments document to the Commission in DEPARTMENT OF LABOR should address whether issuance of the confidence must request confidential relief specifically requested by the treatment. All such requests should be Employment and Training complainant in this investigation would directed to the Secretary to the Administration affect the public health and welfare in Commission and must include a full Labor Certification Process for the the United States, competitive statement of the reasons why the Temporary Employment of Aliens in conditions in the United States Commission should grant such Agriculture in the United States: 2014 economy, the production of like or treatment. See 19 CFR 201.6. Documents Adverse Effect Wage Rates directly competitive articles in the for which confidential treatment by the Commission is properly sought will be AGENCY: Employment and Training 2 United States International Trade Commission Administration, Department of Labor. (USITC): http://edis.usitc.gov. 4 Handbook for Electronic Filing Procedures: 3 Electronic Document Information System http://www.usitc.gov/secretary/fed_reg_notices/ 5 Electronic Document Information System (EDIS): http://edis.usitc.gov. rules/handbook_on_electronic_filing.pdf. (EDIS): http://edis.usitc.gov.

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ACTION: Notice. wide AEWR for all agricultural TABLE—2014 ADVERSE EFFECT WAGE employment (except those occupations RATES—Continued SUMMARY: The Employment and deemed inappropriate under the special Training Administration (ETA) of the procedure provisions of 20 CFR State 2014 Department of Labor (Department) is 655.102) for which temporary H–2A AEWRs issuing this notice to announce the 2014 certification is being sought is equal to Adverse Effect Wage Rates (AEWRs) for the annual weighted average hourly Virginia ...... 9.87 the employment of temporary or Washington ...... 11.87 wage rate for field and livestock workers West Virginia ...... 10.10 seasonal nonimmigrant foreign workers (combined) in the State or region as (H–2A workers) to perform agricultural Wisconsin ...... 11.49 published annually by the United States Wyoming ...... 10.69 labor or services. Department of Agriculture (USDA). 20 AEWRs are the minimum wage rates CFR 655.120(c) requires that the the Department has determined must be Pursuant to the H–2A regulations at Administrator of the Office of Foreign offered and paid by employers to H–2A 20 CFR 655.173, the Department will workers and workers in corresponding Labor Certification publish the USDA publish a separate Federal Register employment for a particular occupation field and livestock worker (combined) notice in early 2014 to announce (1) The and area so that the wages of similarly wage data as AEWRs in a Federal allowable charges for 2014 that employed U.S. workers will not be Register notice. employers seeking H–2A workers may Accordingly, the 2014 AEWRs to be adversely affected. 20 CFR 655.100(b). charge their workers for providing them paid for agricultural work performed by In this notice, the Department three meals a day; and (2) the maximum announces the AEWRs for calendar year H–2A and U.S. workers on or after the travel subsistence reimbursement which 2014. effective date of this notice are set forth a worker with receipts may claim in in the table below: DATES: Effective Date: This notice is 2014. effective January 6, 2014. Signed in Washington, DC, this 18th day of TABLE—2014 ADVERSE EFFECT WAGE FOR FURTHER INFORMATION CONTACT: December 2013. RATES William L. Carlson, Ph.D., Eric M. Seleznow, Administrator, Office of Foreign Labor 2014 Acting Assistant Secretary, Employment and Certification, U.S. Department of Labor, State AEWRs Training Administration. Room C–4312, 200 Constitution Avenue [FR Doc. 2013–31555 Filed 1–2–14; 11:15 am] NW., Washington, DC 20210. Alabama ...... $10.00 BILLING CODE 4510–FN–P Telephone: 202–693–3010 (this is not a Arizona ...... 9.97 toll-free number). Arkansas ...... 9.87 California ...... 11.01 SUPPLEMENTARY INFORMATION: The U.S. Colorado ...... 10.89 NATIONAL SCIENCE FOUNDATION Citizenship and Immigration Services of Connecticut ...... 11.22 the Department of Homeland Security Delaware ...... 11.06 Notice of Permits Issued Under the will not approve an employer’s petition Florida ...... 10.26 Antarctic Conservation Act of 1978 for the admission of H–2A Georgia ...... 10.00 AGENCY: National Science Foundation. nonimmigrant temporary agricultural Hawaii ...... 12.91 workers in the U.S. unless the petitioner Idaho ...... 10.69 ACTION: Notice of permits issued under has received from the Department an H– Illinois ...... 11.63 the Antarctic Conservation of 1978, 2A labor certification. The labor Indiana ...... 11.63 Public Law 95–541. certification provides that: (1) There are Iowa ...... 12.22 Kansas ...... 13.41 SUMMARY: The National Science not sufficient U.S. workers who are able, Kentucky ...... 10.10 Foundation (NSF) is required to publish willing, and qualified and who will be Louisiana ...... 9.87 notice of permits issued under the available at the time and place needed Maine ...... 11.22 Antarctic Conservation Act of 1978. to perform the labor or services involved Maryland ...... 11.06 This is the required notice. in the petition; and (2) the employment Massachusetts ...... 11.22 of the foreign worker(s) in such labor or Michigan ...... 11.49 FOR FURTHER INFORMATION CONTACT: services will not adversely affect the Minnesota ...... 11.49 Adrian Dahood, ACA Permit Officer, wages and working conditions of Mississippi ...... 9.87 Division of Polar Programs, Rm. 755, workers in the U.S. similarly employed. Missouri ...... 12.22 National Science Foundation, 4201 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c)(1), Montana ...... 10.69 Wilson Boulevard, Arlington, VA 22230. Nebraska ...... 13.41 Or by email: [email protected]. and 1188(a); 8 CFR 214.2(h)(5). Nevada ...... 10.89 SUPPLEMENTARY INFORMATION: On Adverse Effect Wage Rates for 2014 New Hampshire ...... 11.22 New Jersey ...... 11.06 November 20,2013 the National Science The Department’s H–2A regulations at New Mexico ...... 9.97 Foundation published a notice in the 20 CFR 655.120(l) provide that New York ...... 11.22 Federal Register of a permit employers must pay their H–2A workers North Carolina ...... 9.87 modification application received. The and workers in corresponding North Dakota ...... 13.41 permit modification was issued on employment at least the highest of: (i) Ohio ...... 11.63 December 21 2013 to: The AEWR; (ii) the prevailing hourly Oklahoma ...... 10.86 wage rate; (iii) the prevailing piece rate; Oregon ...... 11.87 George Watters Permit No. 2012–WM– (iv) the agreed-upon collective Pennsylvania ...... 11.06 001-Mod 1 Rhode Island ...... 11.22 bargaining wage rate, if applicable; or South Carolina ...... 10.00 Nadene G. Kennedy, (v) the Federal or State minimum wage South Dakota ...... 13.41 rate, in effect at the time the work is Tennessee ...... 10.10 Polar Coordination Specialist, Division of performed. Texas ...... 10.86 Polar Programs. Except as otherwise provided in 20 Utah ...... 10.89 [FR Doc. 2013–31530 Filed 1–3–14; 8:45 am] CFR part 655, subpart B, the region- Vermont ...... 11.22 BILLING CODE 7555–01–P

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NATIONAL SCIENCE FOUNDATION To attend virtually via WebEx video: Incorporated (FTS) in North Hollywood, the phone-in number is: 1–866–844– California. FTS does not possess a Notice of Permits Issued Under the 9416 (operator password: mpsac) The license issued by the Nuclear Regulatory Antarctic Conservation Act of 1978 web address is: https://nsf.webex.com/ Commission pursuant to 10 CFR Part 30. nsf/j.php?ED=33883333&UID= However, FTS is the holder of a State of AGENCY: National Science Foundation. 501830907&PW=NNTVkZWU California materials license, which ACTION: Notice of permits issued under 1MjAx&RT=MiMxMQ%3D%3D. authorizes the use of radioactive the Antarctic Conservation of 1978, Operated Assisted teleconference material for the maintenance, repair, Public Law 95–541. service is available for this meeting. Call and installation of self-shielded 1–888–393–0286. (password: mpsac). irradiators. The holder of a State license SUMMARY: The National Science You will be connected to the audio may perform work authorized by the Foundation (NSF) is required to publish portion of the meeting. license in other state or federal notice of permits issued under the Type of Meeting: Open. jurisdictions provided the State licensee Antarctic Conservation Act of 1978. Contact Person: Kelsey Cook, National files for reciprocity with the appropriate This is the required notice. Science Foundation, 4201 Wilson regulatory authority. FOR FURTHER INFORMATION CONTACT: Boulevard, Suite 1005, Arlington, On September 8, 2008, the NRC Adrian Dahood, ACA Permit Officer, Virginia 22230, 703–292–7490 AND issued Mr. Shepherd an Order, ‘‘Order Division of Polar Programs, Rm. 755, Caleb Autrey, National Science Prohibiting Involvement in 10 CFR Part National Science Foundation, 4201 Foundation, 4201 Wilson Boulevard, 71 Activities and Conditioning Other Wilson Boulevard, Arlington, VA 22230. Suite 1005, Arlington, Virginia 22230, NRC Licensed Activities’’ (IA–08–014). Or by email: [email protected] 703–292–5137. The NRC issued the Order to Mr. SUPPLEMENTARY INFORMATION: On Minutes: Meeting minutes and other Shepherd after he committed multiple November 22, 2013 the National Science information may be obtained from the violations of 10 CFR 110.7b, ‘‘Deliberate Foundation published a notice in the Staff Associate and MPSAC Designated Misconduct.’’ These violations arose out Federal Register of a permit application Federal Officer at the above address or of Mr. Shepherd’s employment by received. After considering all the Web site at http://www.nsf.gov/mps/ Source Production and Equipment comments received, the permit was advisory.jsp. Company, Inc. (SPEC), of St. Rose, issued on December 23, 2013 to: Purpose of Meeting: To study data, Louisiana. SPEC, an NRC licensee, hired programs, policies, and other Mr. Shepherd to perform certain Paul Koch ...... Permit No. 2014–025 information pertinent to the National maintenance inspections required by In issuing this permit, the National Science Foundation and to provide the NRC Certificate of Compliance for Science Foundations in cancelling and advice and recommendations Model No. 5979 shipping casks prior to replacing a previously issued permit to concerning research in mathematics and shipping NRC-licensed radioactive the same permit holder for very similar physical sciences. material to Mexico. The NRC activities: determined through inspection and an Agenda investigation that, on three separate Paul Koch ...... Permit No. 2013–027 State of the Directorate for occasions, Mr. Shepherd deliberately Mathematical and Physical Sciences provided materially inaccurate Nadene G. Kennedy, (MPS): Challenges for the OAD. information to SPEC concerning the Polar Coordination Specialist, Division of Report from the StatsNSF inspection of Model No. 5979 packages. Polar Programs. Subcommittee. Mr. Shepherd provided the inaccurate [FR Doc. 2013–31531 Filed 1–3–14; 8:45 am] Update from Subcommittee on Optics information in various documents, such BILLING CODE 7555–01–P and Photonics. as checklists and bills of lading. By Report on CHE Virtual Panels deliberately providing materially (preparatory to broader discussion of inaccurate information, Mr. Shepherd NATIONAL SCIENCE FOUNDATION merit review in April). caused SPEC to violate 10 CFR 71.3, BRAIN initiative. ‘‘Requirement for License’’ and 10 CFR Advisory Committee for Mathematical Planning for April joint session with 71.17m ‘‘General License; NRC- and Physical Sciences; Notice of ACCI, and other April topics. approved package.’’ For that reason, Mr. Meeting Shepherd’s actions violated 10 CFR Dated: December 31, 2013. 110.7b, ‘‘Deliberate Misconduct.’’ In accordance with Federal Advisory Susanne Bolton, The September 8, 2008, NRC Order, in Committee Act (Pub. L. 92–463, as Committee Management Officer. part, prohibited Mr. Shepherd amended), the National Science [FR Doc. 2013–31524 Filed 1–3–14; 8:45 am] indefinitely from packaging any Type B Foundation announces the following BILLING CODE 7555–01–P shipments and from preparing any meeting: paperwork for a Type B shipment in any Name: Advisory Committee for area of NRC jurisdiction. The Order Mathematical and Physical Sciences required Mr. Shepherd to notify the NUCLEAR REGULATORY (#66). NRC in writing at least 5 business days COMMISSION Date/Time: January 14, 2014: 1:00 before conducting licensed activities in p.m. to 5:00 p.m. [NRC–2013–0282; IA–13–038] NRC jurisdiction, a condition designed Place: National Science Foundation, to facilitate NRC inspection of Mr. 4201 Wilson Boulevard, Suite 1235, In the Matter of Joseph S. Shepherd; Shepherd’s activities. The Order also Arlington, Virginia 22230. Order Conditioning Involvement in required that, prior to conducting To help facilitate your entry into the NRC-Licensed Activities licensed activities in NRC jurisdiction, building, contact Caleb Autrey Mr. Shepherd notify the customer, that ([email protected]). Your request should I the NRC had issued the Order to him be received on or prior to January 9, Joseph S. Shepherd is the President and make the Order available to the 2013. and Owner of Foss Therapy Services, customer. These notifications were

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required for a period of 5 years from the License’’ at the top of the first page. Mr. Based on the current violation, and date of the September 8, 2008, Order; Shepherd also submitted a Form 241 to because the notification requirements that is, until September 8, 2013. the NRC, an action that would not have from the prior Order expired on been required had USU not been under September 8, 2013, the public health, II NRC jurisdiction. safety, and interest require that the NRC In early 2012, the Uniformed Services In a letter dated August 15, 2013, the issue Mr. Shepherd this Order. This University of the Health Sciences (USU) NRC informed Mr. Shepherd that the Order requires that, before working in in Bethesda, Maryland hired FTS to NRC was considering escalated NRC jurisdiction, Mr. Shepherd (1) remove a Mark I Model 68A irradiator enforcement action against him for an notify the NRC of his planned work and from a facility in North Carolina and apparent violation of the NRC Order confirm that he has verified the install the irradiator at USU. Although issued to him on September 8, 2008. In jurisdictional status of his customer; USU is affiliated with the United States the letter, the NRC offered Mr. Shepherd and (2) notify the customer that the NRC military services, it is under NRC the opportunity to attend a has issued the September 8, 2008, NRC jurisdiction. FTS’s contract with USU Predecisional Enforcement Conference Order, and this Order to him and make originally involved a joint venture with (PEC) or request Alternative Dispute the Orders available to the customer. another company, but FTS became the Resolution (ADR). At Mr. Shepherd’s These requirements will remain in effect sole contractor after the other company request, a PEC was conducted on for 3 years from the effective date of this was unable to fulfill the contract. On September 25, 2013. Order. This Order also requires that Mr. April 4, 2012, FTS submitted to the During the PEC, Mr. Shepherd Shepherd must determine whether the NRC’s Region IV an NRC Form 241, acknowledged the apparent violation customer is under NRC jurisdiction, ‘‘Report of Proposed Activities in Non- and the failure to provide notification to document his determination and state Agreement States, Areas of Exclusive USU prior to performing work as the basis for his determination. This Federal Jurisdiction, or Offshore required by the Order, indicating that he requirement will remain in effect for 3 Waters.’’ With this form, FTS provided made a mistake. Mr. Shepherd also years from the effective date of this notification of their intent to conduct acknowledged that he would not have Order. The documentation of this work at USU under reciprocity; that is, otherwise notified USU if he had not requirement shall be maintained for a under FTS’s California license. discussed the required notification with period of 4 years from the effective date On April 13, 2012, the NRC inspected the NRC inspector during the inspection of the Order. FTS’s work on the self-shielded because he thought USU was under irradiator at USU. After observing the military jurisdiction and not NRC IV activities of the day and watching FTS jurisdiction. Accordingly, pursuant to Sections 81, finish loading radioactive sources into Based on the results of the inspection, 161b, 161i, 161o, 182, and 186 of the USU’s irradiator, an NRC inspector the OI investigation, and the Atomic Energy Act of 1954, as amended, interviewed Mr. Shepherd regarding the information provided during the PEC, and the Commission’s regulations in 10 notification provisions of the 2008 the NRC finds that Mr. Shepherd CFR 2.202, 10 CFR Part 71, 10 CFR Order issued to him. Mr. Shepherd willfully, in careless disregard, violated 110.7b, and 10 CFR 150.20, it is hereby acknowledged that he had not notified the conditions of the 2008 NRC Order ordered that, from the effective date of USU of the Order and that he had not against him because, prior to conducting this order: made the Order available to USU. work at the facility, Mr. Shepherd failed 1. For a period of 3 years, Mr. On April 25, 2012, the NRC Office of to notify USU of the Order issued to him Shepherd shall notify the NRC in Investigations (OI) initiated an and failed to make the Order available writing at least 5 business days before investigation to determine if Mr. to USU. In sum, the NRC finds that Mr. conducting licensed activities in NRC Shepherd willfully failed to adhere to Shepherd’s actions constitute a jurisdiction. Mr. Shepherd may provide the conditions of his Order when he violation of NRC requirements. this notification electronically either by worked at USU without notifying the email to: R4_Reciprocity.Resource@ USU of the Order issued to him and III nrc.gov, or by faxing this notification to without making the Order available to The NRC must be able to rely on (817) 200–1188. Mr. Shepherd may also USU. Based on OI’s investigation, the licensees, their contractors, and their provide this notification by mail to NRC finds that Mr. Shepherd willfully employees to comply with NRC Regional Administrator, U.S. Nuclear violated the Order, in careless disregard requirements. Mr. Shepherd is currently Regulatory Commission, ATTN: of its requirements. Specifically, the prohibited from involvement in 10 CFR Division of Nuclear Material Safety, NRC finds that Mr. Shepherd willfully Part 71 activities, as set forth in the 1600 East Lamar Blvd., Arlington, TX failed to notify USU of the Order issued Order issued to him on September 8, 76011. If this notification is provided by to him and willfully failed to make the 2008. This requirement of the Order mail, Mr. Shepherd must ensure this Order available to USU prior to remains in effect. The 2008 Order also notification is received by the NRC at performing work at the facility. required Mr. Shepherd to notify the least 5 business days before conducting Although Mr. Shepherd has stated that NRC in writing at least 5 business days licensed activities. The notification he believed the Order’s notification before working in NRC jurisdiction, in shall provide the name, location, and requirements did not apply to his work order to facilitate NRC inspections of his phone number of the customer; and it at USU because USU was under military activities. In addition, the 2008 Order shall describe the type of work to be jurisdiction, rather than NRC required that, before performing work, performed. jurisdiction, Mr. Shepherd knew that Mr. Shepherd notify customers that the 2. For a period of 3 years, Mr. belief may have been incorrect, yet NRC had issued an Order to him and Shepherd shall take the following failed to verify USU’s jurisdictional make the Order available to customers. actions before working for any status. For example, Mr. Shepherd Based on Mr. Shepherd’s violation of customer, or for any contractor of a acknowledged that prior to working at the September 8, 2008, NRC Order, I customer, who manufactures, produces, USU he reviewed USU’s NRC license, a lack reasonable assurance that Mr. transfers, receives, acquires, owns, document that states ‘‘U.S. Nuclear Shepherd can be relied upon, at this possesses, or uses byproduct material. Regulatory Commission Materials time, to comply with NRC requirements. Mr. Shepherd shall: (a) Determine

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whether the customer or its job site is 0001, and include a statement of good e-submittals/apply-certificates.html. under NRC jurisdiction, (b) document cause for the extension. System requirements for accessing the his determination in writing, and (c) The response to this Order and the E-Submittal server are detailed in the state in writing the basis for his Notice shall be submitted to the NRC’s ‘‘Guidance for Electronic determination. Mr. Shepherd shall Secretary, U.S. Nuclear Regulatory Submission,’’ which is available on the maintain this documentation for a Commission, ATTN: Rulemakings and agency’s public Web site at http:// period of 4 years from the effective date Adjudications Staff, Washington, DC www.nrc.gov/site-help/e- of this Order, and he shall make the 20555–0001. Copies shall also be sent submittals.html. Participants may documentation available for NRC to: Director, Office of Enforcement, U.S. attempt to use other software not listed inspection. Nuclear Regulatory Commission, on the Web site, but should note that the 3. For a period of 3 years, before Washington, DC 20555–0001; the NRC’s E-Filing system does not support conducting licensed activities in NRC Assistant General Counsel for Materials unlisted software, and the NRC Meta jurisdiction, Mr. Shepherd shall notify Litigation and Enforcement at the same System Help Desk will not be able to each customer in writing that the NRC address; Regional Administrator, U.S. offer assistance in using unlisted has issued the September 8, 2008, Order Nuclear Regulatory Commission, ATTN: software. and this Order to him, and he shall Regional Administrator, Region I, 2100 If a participant is electronically make the Orders available to the Renaissance Blvd., King of Prussia, PA submitting a document to the NRC in customer. Mr. Shepherd shall maintain 19406. This response should be clearly accordance with the E-Filing rule, the copies of these notifications for 4 years marked as a ‘‘Reply to a Notice of participant must file the document from the effective date of this Order, and Violation and Order; IA–13–038.’’ using the NRC’s online, Web-based he shall make the copies available for All documents filed in NRC submission form. In order to serve NRC inspection. adjudicatory proceedings, including a documents through the Electronic 4. Mr. Shepherd is currently request for hearing, a petition for leave Information Exchange System, users employed by Foss Therapy Services. to intervene, any motion or other will be required to install a Web Should Mr. Shepherd seek other document filed in the proceeding prior browser plug-in from the NRC’s Web employment involving NRC-regulated to the submission of a request for site. Further information on the Web- activities within 3 years from the hearing or petition to intervene, and based submission form, including the effective date of this Order, before documents filed by interested installation of the Web browser plug-in, accepting employment he shall provide governmental entities participating is available on the NRC’s public Web the employer a copy of both this Order under 10 CFR 2.315(c), must be filed in site at http://www.nrc.gov/site-help/ and the September 8, 2008 Order. accordance with the NRC E-Filing rule e-submittals.html. The Director, Office of Enforcement, (72 FR 49139, August 28, 2007). The E- Once a participant has obtained a may, in writing, relax or rescind any of Filing process requires participants to digital ID certificate and a docket has the above conditions upon submit and serve all adjudicatory been created, the participant can then demonstration by Joseph S. Shepherd of documents over the internet, or in some submit a request for hearing or petition good cause. cases to mail copies on electronic for leave to intervene. Submissions Issuance of this Order does not alter storage media. Participants may not should be in Portable Document Format the provisions in the September 8, 2008, submit paper copies of their filings (PDF) in accordance with NRC guidance Order issued to Mr. Shepherd, including unless they seek an exemption in available on the NRC’s public Web site the provision indefinitely prohibiting accordance with the procedures at http://www.nrc.gov/site-help/e- Mr. Shepherd’s involvement with described below. submittals.html. A filing is considered shipments of Type B quantities of NRC- To comply with the procedural complete at the time the documents are licensed material. requirements of E-Filing, at least ten 10 submitted through the NRC’s E-Filing days prior to the filing deadline, the system. To be timely, an electronic V participant should contact the Office of filing must be submitted to the E-Filing In accordance with 2.202, Joseph S. the Secretary by email at system no later than 11:59 p.m. Eastern Shepherd must submit a written answer [email protected], or by telephone Time on the due date. Upon receipt of to this Order under oath or affirmation at 301–415–1677, to request (1) a digital a transmission, the E-Filing system within 20 days of its issuance. The identification (ID) certificate, which time-stamps the document and sends response shall admit or deny the charge allows the participant (or its counsel or the submitter an email notice made in the Order. Joseph S. Shepherd’s representative) to digitally sign confirming receipt of the document. The failure to respond to this Order could documents and access the E-Submittal E-Filing system also distributes an email result in additional enforcement action server for any proceeding in which it is notice that provides access to the in accordance with the Commission’s participating; and (2) advise the document to the NRC’s Office of the Enforcement Policy. Any person Secretary that the participant will be General Counsel and any others who adversely affected by this Order may submitting a request or petition for have advised the Office of the Secretary submit a written answer to this Order hearing (even in instances in which the that they wish to participate in the within 20 days of its issuance. In participant, or its counsel or proceeding, so that the filer need not addition, Joseph S. Shepherd and any representative, already holds an NRC- serve the documents on those other person adversely affected by this issued digital ID certificate). Based upon participants separately. Therefore, Order may request a hearing on this this information, the Secretary will applicants and other participants (or Order within 30 days of its issuance. establish an electronic docket for the their counsel or representative) must Where good cause is shown, hearing in this proceeding if the apply for and receive a digital ID consideration will be given to extending Secretary has not already established an certificate before a hearing request/ the time to answer or request a hearing. electronic docket. petition to intervene is filed so that they A request for extension of time must be Information about applying for a can obtain access to the document via made in writing to the Director, Office digital ID certificate is available on the the E-Filing system. of Enforcement, U.S. Nuclear Regulatory NRC’s public Web site at http:// A person filing electronically using Commission, Washington, DC 20555– www.nrc.gov/site-help/ the NRC’s adjudicatory E-Filing system

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may seek assistance by contacting the participants are requested not to include ADDRESSES: Submit comments NRC Meta System Help Desk through copyrighted materials in their electronically via the Commission’s the ‘‘Contact Us’’ link located on the submission. Filing Online system at http:// NRC’s public Web site at http:// If a person other than Joseph S. www.prc.gov. Those who cannot submit www.nrc.gov/site-help/e- Shepherd requests a hearing, that comments electronically should contact submittals.html, by email to person shall set forth with particularity the person identified in the FOR FURTHER [email protected], or by a toll- the manner in which his interest is INFORMATION CONTACT section by free call at 866–672–7640. The NRC adversely affected by this Order and telephone for advice on filing Meta System Help Desk is available shall address the criteria set forth in 10 alternatives. between 8 a.m. and 8 p.m., Eastern CFR 2.309(d) and (f). FOR FURTHER INFORMATION CONTACT: Time, Monday through Friday, If a hearing is requested by Joseph S. Stephen L. Sharfman, General Counsel, excluding government holidays. Shepherd or a person whose interest is at 202–789–6820. Participants who believe that they adversely affected, the Commission will SUPPLEMENTARY INFORMATION: have a good cause for not submitting issue an Order designating the time and documents electronically must file an place of any hearings. If a hearing is Table of Contents exemption request, in accordance with held, the issue to be considered at such I. Introduction 10 CFR 2.302(g), with their initial paper hearing shall be whether this Order II. Overview of the Postal Service’s FY 2013 filing requesting authorization to should be sustained. In the absence of ACR continue to submit documents in paper any request for hearing, or written III. Procedural Steps format. Such filings must be submitted approval of an extension of time in IV. Ordering Paragraphs by: (1) First class mail addressed to the which to request a hearing, the I. Introduction Office of the Secretary of the provisions specified in Section IV above On December 27, 2013, the United Commission, U.S. Nuclear Regulatory shall be final 30 days from the date this States Postal Service (Postal Service) Commission, Washington, DC 20555– Order is issued without further order or filed with the Commission, pursuant to 0001, Attention: Rulemaking and proceedings. If an extension of time for 39 U.S.C. 3652, its Annual Compliance Adjudications Staff; or (2) courier, requesting a hearing has been approved, Report (ACR) for fiscal year (FY) 2013.1 express mail, or expedited delivery the provisions specified in Section IV Section 3652 requires submission of service to the Office of the Secretary, shall be final when the extension data and information on the costs, Sixteenth Floor, One White Flint North, expires if a hearing request has not been 11555 Rockville Pike, Rockville, revenues, rates, and quality of service received. associated with postal products within Maryland 20852, Attention: Rulemaking An answer or a request for hearing and Adjudications Staff. Participants 90 days of the closing of each fiscal shall not stay the immediate year. In conformance with other filing a document in this manner are effectiveness of this order. responsible for serving the document on statutory provisions and Commission all other participants. Filing is Dated at Rockville, Maryland, this 20 day rules, the ACR includes the Postal considered complete by first-class mail of December 2013. Service’s FY 2013 Comprehensive as of the time of deposit in the mail, or For the Nuclear Regulatory Commission. Statement, its FY 2013 annual report to by courier, express mail, or expedited Roy P. Zimmerman, the Secretary of the Treasury on the delivery service upon depositing the Director, Office of Enforcement. Competitive Products Fund, and certain document with the provider of the [FR Doc. 2013–31545 Filed 1–3–14; 8:45 am] related Competitive Products Fund service. A presiding officer, having BILLING CODE 7590–01–P material. See respectively, 39 U.S.C. granted an exemption request from 3652(g), 39 U.S.C. 2011(i), and 39 CFR using E-Filing, may require a participant 3060.20–23. In line with past practice, or party to use E-Filing if the presiding some of the material in the FY 2013 POSTAL REGULATORY COMMISSION officer subsequently determines that the ACR appears in non-public annexes. reason for granting the exemption from [Docket No. ACR2013; Order No. 1935] The filing begins a review process that use of E-Filing no longer exists. results in an Annual Compliance Documents submitted in adjudicatory FY 2012 Annual Compliance Report Determination (ACD) issued by the proceedings will appear in the NRC’s Commission to determine whether electronic hearing docket which is AGENCY: Postal Regulatory Commission. Postal Service products offered during available to the public at http:// ACTION: Notice. FY 2013 are in compliance with ehd1.nrc.gov/ehd/, unless excluded applicable title 39 requirements. pursuant to an order of the Commission, SUMMARY: The Postal Service has filed an Annual Compliance Report on the II. Overview of the Postal Service’s FY or the presiding officer. Participants are 2013 ACR requested not to include personal costs, revenues, rates, and quality of privacy information, such as social service associated with its products in Contents of the filing. The Postal security numbers, home addresses, or fiscal year 2013. Within 90 days, the Service’s FY 2013 ACR consists of a 56- home phone numbers in their filings, Commission must evaluate that page narrative; extensive additional unless an NRC regulation or other law information and issue its determination material appended as separate folders requires submission of such as to whether rates were in compliance and identified in Attachment One; and information. However, a request to with title 39, chapter 36 and whether an application for non-public treatment intervene will require including service standards in effect were met. To of certain materials, along with information on local residence in order assist in this, the Commission seeks supporting rationale, filed as to demonstrate a proximity assertion of public comments on the Postal Service’s Attachment Two. The filing also interest in the proceeding. With respect Annual Compliance Report. to copyrighted works, except for limited DATES: Comments are due: January 31, 1 United States Postal Service FY 2013 Annual Compliance Report, December 27, 2013 (FY 2013 excerpts that serve the purpose of the 2014. ACR). Public portions of the Postal Service’s filing adjudicatory filings and would Reply Comments are due: February are available on the Commission’s Web site at constitute a Fair Use application, 14, 2014. http://www.prc.gov.

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includes the Comprehensive since the filing of the FY 2012 ACR are not of general applicability, data are Statement,2 Report to the Secretary of identified and summarized in a table. provided in non-public Library the Treasury, and information on the Id. at 4–5. References USPS–FY13–NP2 and Competitive Products Fund filed in Market dominant product-by-product USPS–FY13–NP27. The FY 2013 ACR response to Commission rules. This costs, revenues, and volumes. also addresses the competitive product material has been filed electronically Comprehensive cost, revenue, and pricing standards of 39 U.S.C. 3633. Id. with the Commission, and some also volume data for all market dominant at 45–51. has been filed in hard-copy form. products of general applicability are Market tests; nonpostal services. The Scope of filing. The material shown directly in the FY 2013 CRA or Postal Service also addresses the two appended to the narrative consists of: ICRA. Id. at 9. market dominant market tests (1) domestic product costing material The FY 2013 ACR includes a conducted during FY 2013, the two filed on an annual basis summarized in discussion by class of each market competitive market tests conducted the Cost and Revenue Analysis (CRA); dominant product, including costs, during FY 2013, and nonpostal services. (2) comparable international costing revenues, and volumes, workshare Id. at 52–54. With respect to the latter, material summarized in the discounts and passthroughs responsive it notes that on December 11, 2012, the International Cost and Revenue to 39 U.S.C. 3652(b), and FY 2013 Commission issued Order No. 1575 Analysis (ICRA); (3) worksharing-related incentive programs. Id. at 9–39. In approving Mail Classification Schedule cost studies; and (4) billing determinant addition, in response to Order No. (MCS) descriptions and prices for information for both domestic and 1427,4 the Postal Service also provides nonpostal service products.5 The international mail. FY 2013 ACR at 2– a schedule of future price increases for approved MCS includes 11 nonpostal 3. Inclusion of these four data sets is Standard Mail Flats. Id. at 19–20. service products, two of which are consistent with the Postal Service’s past Market dominant negotiated service market dominant and nine of which are ACR practices. As with past ACRs, the agreements. The FY 2013 ACR presents competitive. Request at 53. It has Postal Service has split certain materials information on market dominant provided revenue, cost, and volume into public and non-public versions. Id. negotiated service agreements (NSAs). data for the two market dominant at 3. Id. at 38. Although there were two nonpostal service products. Id. The ‘‘Roadmap’’ document. A roadmap to market dominant NSAs in effect for FY Postal Service states that for the other the FY 2013 ACR appears as Library 2013, Discover Financial Services and market dominant nonpostal service, Reference USPS–FY13–9. This Valassis, 2013 mailings were only made Philatelic Sales, it filed Proposal Six document provides brief descriptions of under the Discover Financial Services (Docket No. RM2014–1) on November 8, the materials submitted, as well as the NSA. Valassis did not send enough 2013, seeking to update the flow of inputs and outputs among them; NSA-eligible volume to qualify for methodology for calculating the costs of a discussion of differences in volume discounts, and therefore paid Philatelic Sales and handling costs of methodology relative to Commission published rates during FY 2013. Id. Stamp Fulfillment Services.6 Because methodologies in last year’s ACD; a list Service performance. The Postal Proposal Six is still pending before the of special studies and a discussion of Service notes that the Commission Commission, the Postal Service obsolescence, as required by issued rules on periodic reporting of provides revenue, costs, and volumes Commission rule 3050.12. Id. at 3–4. service performance measurement and under both the current methodology and Methodology. The Postal Service customer satisfaction in FY 2010. the methodology proposed in Proposal states that it has adhered to the Responsive information appears in Six. Request at 54. methodologies applied by the Library Reference USPS–FY13–29. Id. at Commission in the FY 2012 ACD, 40. The Postal Service says it set III. Procedural Steps except in instances where the aggressive on-time targets of 90 percent Statutory requirements. Section 3653 Commission approved methodology or above for all market dominant of title 39 requires the Commission to changes subsequent to the FY 2012 products and, overall, has been provide interested persons with an ACD. Those changes are identified in a successful in continuously improving opportunity to comment on the ACR separate section of the roadmap these scores. It asserts that its targets and to appoint an officer of the document as well as the prefaces have already been met or exceeded for Commission (Public Representative) to accompanying the appended folders. Id. some products and in some districts, but represent the interests of the general at 4. One exception to this is the says there are several instances where public. The Commission hereby solicits incorporation of the methodology in target scores have not yet been met at public comment on the Postal Service’s 3 Proposals One through Three. The the national level. Specific reasons for FY 2013 ACR and on whether any rates Postal Service states that although the these results are discussed in Library or fees in effect during FY 2013 (for Commission’s review of Proposals One Reference USPS–FY13–29. Id. at 40. products individually or collectively) through Three is still pending, it was Customer satisfaction. The FY 2013 were not in compliance with applicable not practical for it to prepare the FY ACR discusses the Postal Service’s provisions of chapter 36 of title 39 (or 2013 ACR without employing these approach for measuring customer regulations promulgated thereunder). principles. Id. at 6. experience and satisfaction; describes Commenters addressing market Proposals for which the Postal Service the methodology; presents a table with dominant products are referred in has filed to change analytical principles survey results; and compares the results particular to the applicable from FY 2012 to FY 2013. Id. at 41–44. 2 requirements (39 U.S.C. 3622(d) and (e) In the past, the Commission has reviewed the Competitive products. The FY 2013 Postal Service’s reports prepared pursuant to 39 U.S.C. 2803 and 39 U.S.C. 2804 (filed as the ACR provides costs, revenues, and 5 Id. at 53; see also Docket No. MC2010–24, Order Comprehensive Statement by the Postal Service) in volumes for competitive products of Approving Mail Classification Descriptions and its Annual Compliance Determination. To allow for general applicability in the FY 2013 Prices for Nonpostal Service Products, December more thorough review of the issues involved, the 11, 2012 (Order No. 1575). Commission intends to review these issues in a CRA or ICRA. For competitive products 6 Docket No. RM2014–1, Petition of the United separate docket going forward. States Postal for the Initiation of a Proceeding to 3 These proposals, along with Proposals Four and 4 Docket No. ACR2010, Order No. 1427, Order on Consider Proposed Change in Analytical Principles Five, are pending in Docket No. RM2013–6. Remand, August 9, 2012. (Proposals Six Through Eight), November 8, 2013.

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and 3626); objectives (39 U.S.C. By the Commission. (GXG), as well as the creation of a 3622(b)); and factors (39 U.S.C. 3622(c)). Shoshana M. Grove, Management Analysis of the Prices and Commenters addressing competitive Secretary. Methodology for Determining Prices for products are referred to 39 U.S.C. 3633. [FR Doc. 2013–31512 Filed 1–3–14; 8:45 am] Negotiated Service Agreements under The Commission also invites public BILLING CODE 7710–FW–P Global Expedited Package Services— comment on the cost coverage matters Non-Published Rates 4 Version 2. Notice the Postal Service addresses in its filing; at 2–3. The Notice has been assigned service performance results; levels of POSTAL REGULATORY COMMISSION Docket No. CP2014–22. customer satisfaction achieved; and Notice. In support of its Notice, the [Docket No. CP2014–22; Order No. 1937] such other matters that may be relevant Postal Service filed the following to the Commission’s review. Comments Change in Postal Prices attachments: on these topics will, inter alia, assist the • Attachment 1—an application for Commission in developing appropriate AGENCY: Postal Regulatory Commission. non-public treatment of materials filed recommendations to the Postal Service ACTION: Notice. under seal; related to the protection or promotion of • Attachment 2A—a redacted version the public policy objectives of title 39. SUMMARY: The Commission is noticing a of Governors’ Decision No. 11–6; Access to filing. The Commission has recent Postal Service filing concerning • Attachment 2B—a redacted version posted the publicly available portions of changes in prices for Global Expedited of GEPS–NPR 4 Management Analysis the FY 2013 ACR on its Web site at Package Service—Non-Published Rates. Version 2; http://www.prc.gov. This notice informs the public of the • Attachment 2C—a list of Maximum Comment deadlines. Comments by filing, invites public comment, and and Minimum Prices for PMEI, PMI, interested persons are due on or before takes other administrative steps. and GXG under GEPS–NPR 4 Version 2 January 31, 2014. Reply comments are DATES: Comments are due: January 7, Contracts; due on or before February 14, 2014. The 2014. • Attachment 2D—a certified Commission, upon completion of its ADDRESSES: Submit comments statement concerning prices for review of the FY 2013 ACR, public electronically via the Commission’s applicable negotiated service comments, and other data and Filing Online system at http:// agreements under GEPS–NPR 4 Version information submitted in this www.prc.gov. Those who cannot submit 2 rates, as required by 39 CFR proceeding, will issue its ACD. Those comments electronically should contact 3015.5(c)(2); needing assistance filing electronically the person identified in the FOR FURTHER • Attachment 3—a redacted version may contact the Docket Section INFORMATION CONTACT section by of the GEPS–NPR 4 Version 2 model supervisor at 202–789–6846 or via email telephone for advice on filing contract. at [email protected]. Inquiries about alternatives. The Postal Service included a access to non-public materials should FOR FURTHER INFORMATION CONTACT: redacted version of the GEPS–NPR 4 also be directed to the Docket Section. Version 2 model contract with the Public Representative. Kenneth E. Stephen L. Sharfman, General Counsel, Notice. Id. Attachment 3. The Postal Richardson is designated to serve as the at 202–789–6820. Service represents that the GEPS–NPR 4 Public Representative to represent the SUPPLEMENTARY INFORMATION: Version 2 model contract is almost interests of the general public in this Table of Contents identical to the revised GEPS–NPR 4 proceeding. Neither the Public model contract approved by the Representative nor any additional I. Introduction Commission in Order No. 1835. Notice persons assigned to assist him shall II. Notice of Filings at 7. The Postal Service identifies three participate in or advise as to any III. Request for Supplemental Information IV. Ordering Paragraphs areas where the GEPS–NPR 4 Version 2 Commission decision in this proceeding model contract differs from the revised other than in their designated capacity. I. Introduction GEPS–NPR 4 model contract: (1) The IV. Ordering Paragraphs In accordance with 39 CFR 3015.5 ACR docket numbers in Article 19 have and Order Nos. 1625 1 and 1835,2 the It is ordered: been updated; (2) the docket number in 1. The Commission establishes Docket Postal Service filed a notice of a change the last sentence of Article 19 has been No. ACR2013 to consider matters raised in rates not of general applicability for revised to reflect that GEPS–NPR 4 by the United States Postal Service’s FY the Global Expedited Package Version 2 contracts will be filed in this Services—Non-Published Rates 4 docket, rather than the GEPS–NPR 4 2013 Annual Compliance Report. 3 2. Pursuant to 39 U.S.C. 505, the (GEPS–NPR 4) product. The Postal docket; and (3) in the footer of each page Commission appoints Kenneth E. Service states that the change is of the agreement, ‘‘2013’’ has been Richardson as an officer of the necessary due to changes in the non- replaced with ‘‘2014’’, and in the footer Commission (Public Representative) in discounted published postage for of the annexes to the agreement, ‘‘13’’ this proceeding to represent the Priority Mail Express International has been replaced with ‘‘14.’’ Id. interests of the general public. (PMEI), Priority Mail International Identical to the revised GEPS–NPR 4 3. Comments on the United States (PMI), and Global Express Guaranteed model contract, the Postal Service will Postal Service’s FY 2013 Annual notify each GEPS–NPR 4 Version 2 Compliance Report to the Commission, 1 Docket Nos. MC2013–27 and CP2013–35, Order customer of the contract’s effective date Adding Global Expedited Package Services—Non- including the Comprehensive Statement Published Rates 4 (GEPS–NPR 4) to the Competitive no later than 30 days after receiving the of Postal Operations and other reports, Product List, January 16, 2013 (Order No. 1625). signed agreement from the customer. are due on or before January 31, 2014. 2 Docket Nos. MC2013–27 and CP2013–35, Order Id., Attachment 3 at 7. Each contract 4. Reply comments are due on or Approving Revisions to Model Contract, September will expire the later of 1 year from the before February 14, 2014. 16, 2013 (Order No. 1835). effective date or the last day of the 3 Notice of the United States Postal Service of 5. The Secretary shall arrange for Change in Prices For Global Expedited Package month which falls one calendar year publication of this order in the Federal Services—Non-Published Rates 4 (GEPS–NPR 4), from the effective date unless Register. December 26, 2013 (Notice). terminated sooner. Id.

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The Postal Service filed many of the By the Commission. Destination Sectional Center Facility supporting materials, including the Shoshana M. Grove, (DSCF) discounted rate.1 This related model contract, under seal. Id. Secretary. operational change may result in a Attachment 1. It maintains that the [FR Doc. 2013–31540 Filed 1–3–14; 8:45 am] nationwide change in the nature of redacted portions of the materials BILLING CODE 7710–FW–P postal services since it would change should remain confidential as sensitive the delivery day service standards for business information. Id. at 4. This DSCF Standard Mail accepted on information includes sensitive POSTAL REGULATORY COMMISSION Fridays and Saturdays. DSCF Standard commercial information concerning the Mail entered Sunday through Thursday [Docket No. N2014–1; Order No. 1932] incentive discounts and their is not expected to change under the formulation, applicable cost coverage, Nationwide Change in Postal Delivery proposal. Id. at 5. and non-published rates, as well as Service Standards II. Request some customer-identifying information. Id. AGENCY: Postal Regulatory Commission. The Postal Service explains that due to the relationship between mail entry ACTION: Notice. II. Notice of Filing patterns for DSCF Standard Mail and SUMMARY: The Commission is noticing a the applicable 3-day service standard, The Commission establishes Docket recently-filed Postal Service request for the Postal Service currently delivers a No. CP2014–22 to consider the changes an advisory opinion on an initiative disproportionate amount of DSCF in rates not of general applicability involving examination of the Standard Mail on Mondays. Id. at 1. The pertaining to the proposed GEPS–NPR 4 continuation of service at postal retail Postal Service’s plan, called the ‘‘Load Version 2 contract. locations. This document invites public Leveling Plan,’’ is to more evenly Interested persons may submit comments on the request and addresses distribute the volume of DSCF Standard comments on whether the Postal several related procedural steps. Mail pieces delivered by carriers Service’s filings in the captioned DATES: throughout the week. Id. at 1–2. The dockets are consistent with the policies 1. Notices of intervention are due: Load Leveling Plan would adjust of 39 U.S.C. 3632, 3633, or 3642, 39 CFR January 21, 2014, 4:30 p.m. Eastern operations in a manner that will level 3015.5, and 39 CFR part 3020, subpart Time. the load of the DSCF Standard Mail B. Comments are due no later than 2. Hearing on the Postal Service’s delivered throughout the week and January 7, 2014. The public portions of direct case: February 11, 2014, at 9:00 remove the disproportionate burden these filings can be accessed via the a.m. (Commission hearing room, 901 associated with Monday Standard Mail Commission’s Web site (http:// New York Ave. NW., 20268–0001, Suite delivery. Id. at 2. www.prc.gov). 200). In support of its Request, the Postal Service filed the direct testimony of two The Commission appoints Lyudmila ADDRESSES: Submit notices of witnesses.2 The testimonies describe the Y. Bzhilyanskaya to serve as Public intervention electronically by accessing details of the Load Leveling Plan, Representative in these dockets. the ‘‘Filing Online’’ link in the banner including the basis for the plan, the at the top of the Commission’s Web site process through which the plan was III. Request for Supplemental (http://www.prc.gov) or by directly Information developed, and the future accessing the Commission’s Filing implementation of the plan. The The Postal Service is requested to (1) Online system at http://www.prc.gov/ testimony of witness Malone (USPS–T– specify the date on which the GEPS– prc-pages/filing-online/login.aspx. 1) describes the Postal Service’s NPR 4 Version 2 rates are expected to Persons interested in intervening who consultations with mailers regarding the go into effect; and (2) clarify whether cannot submit their views electronically load leveling issue and its collaboration the GEPS–NPR 4 Version 2 contract will should contact the person identified in with mailers in designing and replace the revised GEPS–NPR 4 the FOR FURTHER INFORMATION CONTACT conducting a test of the Load Leveling contract approved in Order No. 1835. section as the source for case-related Plan in the service area of the South The Postal Service response is due no information for advice on alternatives to Jersey administrative district. Malone’s later than January 3, 2014. electronic filing. testimony also summarizes the results of FOR FURTHER INFORMATION CONTACT: the South Jersey Operations Test and IV. Ordering Paragraphs Stephen L. Sharfman, General Counsel, the Postal Service’s expectations at 202–789–6820 (case-related It is ordered: regarding a national roll-out of the Load information) or [email protected] Leveling Plan. The testimony of witness 1. The Commission establishes Docket (electronic filing assistance). Anderson (USPS–T–2) offers No. CP2014–22 to consider the matters SUPPLEMENTARY INFORMATION: observations about the effects of the raised by the Notice. South Jersey Operations Test and also Table of Contents 2. Pursuant to 39 U.S.C. 505, discusses the expected impact that the Lyudmila Y. Bzhilyanskaya is appointed I. Introduction Load Leveling Plan would have in the to serve as officer of the Commission II. Request South Jersey District. (Public Representative) to represent the III. Further Procedures As part of its request, the Postal interests of the general public in these I. Introduction Service filed a notice of two Category 2 proceedings. On December 27, 2013, the Postal 1 3. Comments by interested persons in United States Postal Service Request for an Service filed a request pursuant to 39 Advisory Opinion on Changes in the Nature of these proceedings are due no later than U.S.C. 3661 for an advisory opinion Postal Services, December 27, 2013 (Request). January 7, 2014. from the Commission regarding 2 Direct Testimony of Linda M. Malone on Behalf of the United States Postal Service (USPS–T–1), 4. The Secretary shall arrange for potential changes in the manner in December 27, 2013; and Direct Testimony of Mark publication of this order in the Federal which it processes and dispatches H. Anderson on Behalf of the United States Postal Register. Standard Mail that qualifies for a Service (USPS–T–2), December 27, 2013.

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library references regarding the South contends that no other Standard Mail motions’ practice. Every effort should be Jersey Operations Test.3 will be affected. Id. at 7. made to confer to resolve disputes Timing. The earliest date that the Conformance with Title 39. The Postal informally. Postal Service intends to make the Service contends that for the reasons All interested persons are hereby changes discussed in this Request is explained in the Request and illustrated notified that notices of intervention in March 27, 2014—90 days after the date in the testimony, the Load Leveling Plan this proceeding shall be due on or of the filing. Request at 2. will allow the Postal Service to increase before January 21, 2014. See 39 CFR Present distribution of DSCF Standard efficiencies in the collection, 3001.20 and 3001.20a. Consistent with Mail and Proposed Changes. The Postal processing, and delivery of the mail and rule 20, each person filing a notice of Service states that of the Standard Mail to continue to provide adequate and intervention shall, inter alia, specify the products, High Density and Saturation efficient service to DSCF Standard Mail nature of his/her interest and whether or Letters, High Density and Saturation users. Id. The Postal Service believes not he/she requests a hearing. See 39 Flats/Parcels, Carrier Route, Letters, that the Load Leveling Plan helps to CFR 3001.20. Discovery may be Flats, and Parcels are eligible for the fulfill its duty under 39 U.S.C. 403(a) to propounded upon filing a notice of DSCF rate, provided that the mail meets ‘‘plan, develop, promote, and provide intervention. Responses to discovery the standards for such a rate. Id. at 3. adequate and efficient postal services at shall be due within 7 days. Currently, DSCF Standard Mail has a 3- fair and reasonable rates and fees.’’ Id. The procedural schedule shown day service standard. Id. Monday is the It also contends that the Load Leveling below the signature of this Order will be expected delivery date for the DSCF Plan falls within the scope of its followed in this proceeding assuming Standard Mail entered on Thursday and authority ‘‘to provide for the collection, that no participant desires to present Friday, which happens to be two of the handling, transportation, delivery, rebuttal testimony. Participants who three heaviest days for acceptance of forwarding, returning, and holding of wish to present rebuttal testimony must such mail. Id. at 4. DSCF Standard Mail mail.’’ Id. at 8. notify the Commission of their intent to has a significant impact on processing The Postal Service concludes that the file, and the nature of their rebuttal, by and delivery operations through which Load Leveling Plan will help to February 11, 2014. Rebuttal testimony, it passes. Id. ‘‘enhance the value of postal services to if requested, will be due February 18, both senders and recipients’’ and Summary of Load Leveling Plan. The 2014. The balance of the procedural ‘‘reasonably assure Postal Service Postal Service’s Load Leveling Plan schedule will be revised accordingly. customers delivery reliability, speed would change the delivery day for DSCF Public Representative. Section 3661(c) and frequency consistent with Standard Mail accepted on Fridays and of title 39 requires the participation of reasonable rates and best business Saturdays. Id. DSCF Standard Mail that an ‘‘officer of the Commission who shall practices,’’ as articulated in 39 U.S.C. is accepted before the Critical Entry be required to represent the interests of 3691(b)(1)(A) and (C), respectively. Id. Time (CET) on Friday is proposed to the general public.’’ Pursuant to 39 Last, the Postal Service has determined have a Tuesday delivery expectation, U.S.C. 505, Anne J. Siarnacki is that it is necessary to take steps to level rather than Monday. Id. at 5. DSCF designated to serve as the Public the load on the network now to help Standard Mail accepted before the CET Representative to represent the interests reduce current and future costs. Id. at 9. on Saturday is proposed to have a of the general public in this proceeding. Rules of Practice. The Postal Service Neither the Public Representative nor Wednesday delivery expectation, rather notes there is an ongoing Commission than Tuesday. Id. any additional persons assigned to assist rulemaking proceeding in Docket No. the Public Representative shall The Postal Service asserts that the RM2012–4 regarding rules for revisions South Jersey Operations Test results participate in or advise as to any to the Commission’s rules for advisory Commission decision in this indicate load leveling will ease the opinions.4 The Postal Service urges the burden currently placed on the network proceeding, other than in their Commission to establish special rules of designated capacity. by the convergence of current mail entry practice to achieve an effective and patterns and applicable service It is ordered: efficient schedule for this docket to 1. The Commission establishes Docket standards and that the test resulted in evaluate the procedures currently under additional benefits, including earlier No. N2014–1 to consider the Postal consideration in Docket No. RM2012–4. Service Request referred to in the body completion of carrier routes, and earlier Request at 9. return of mail collected on carrier of this Order. routes. Id. at 6. III. Further Procedures 2. The Commission will sit en banc in this proceeding. Scope of Leveling Plan. The Postal Further procedures. 39 U.S.C. 3661(c) 3. The procedural schedule for this Service intends to implement the Load requires that the Commission afford an proceeding is set forth below the Leveling Plan throughout its network. Id opportunity for a formal, on-the-record signature of this Order. at 6. As a result, Standard Mail pieces hearing of the Postal Service’s Request 4. Pursuant to 39 U.S.C. 505, the that qualify for a DSCF rate and are under the terms specified in sections Commission appoints Anne J. Siarnacki accepted after the CET on Thursday, 556 and 557 of title 5 of the United to represent the interests of the general anytime on Friday, or before the CET on States Code before issuing its advisory public in this proceeding. Saturday at the proper DSCF, are opinion. Based on its preliminary 5. The Secretary shall arrange for proposed to have a 4-day service review of the Request, the Commission publication of this Order in the Federal standard. Id. at 6–7. DSCF Standard finds it appropriate to expedite the Register. Mail pieces that are accepted before the proceeding. To facilitate expeditious Critical Entry Time on Sunday through review of the matter, the Commission By the Commission. Thursday will not be affected by the expects parties to make judicious use of Shoshana M. Grove, Load Leveling Plan. The Postal Service discovery, discovery objections, and Secretary. 3 Notice of United States Postal Service of Filing Leveling Operations Test; and USPS–LR–N2014–1/ 4 Docket No RM2014–4, Modern Rules of Library References, December 27, 2013, USPS–LR– 2, Results of the South Jersey Destination SCF Procedure for the Issuance of Advisory Opinions in N2014–1/1, Standard Operating Procedures: South Standard Mail Load Leveling Operations Test, Nature of Service Proceedings, April 10, 2012. Jersey District Destination SCF Standard Mail Load December 27, 2013.

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PROCEDURAL SCHEDULE

Notices of intervention ...... January 21, 2014. Close of discovery on Postal Service direct case ...... January 30, 2014. Notice of intent to conduct oral cross-examination ...... February 3, 2014. Hearing on the Postal Service’s direct case (if requested) (9:00 AM in the Commission’s hearing room) ...... February 11, 2014. Notice of intent to file rebuttal testimony ...... February 11, 2014. Rebuttal Testimony (if requested) ...... February 18, 2014. Filing of Briefs (if no rebuttal testimony) ...... February 20, 2014. Filing of Reply Briefs (if no rebuttal testimony) ...... February 27, 2014.

[FR Doc. 2013–31510 Filed 1–3–14; 8:45 am] U.S.C. 3632(b)(3). Request at 1. The Id. at 5. The contract also allows two 90- BILLING CODE 7710–FW–P Request has been assigned Docket No. day extensions of the agreement if the MC2014–15. preparation of a successor agreement is The Postal Service active and the Commission is notified POSTAL REGULATORY COMMISSION contemporaneously filed a redacted within at least seven days of the [Docket Nos. MC2014–15 and CP2014–24; contract related to the proposed new contract’s expiration date. Id. The Postal Order No. 1939] product. Id. Attachment B. The instant Service represents that the contract is contract has been assigned Docket No. consistent with 39 U.S.C. 3633(a).2 New Postal Product CP2014–24. The Postal Service filed much of the Request. To support its Request, the supporting materials, including the AGENCY: Postal Regulatory Commission. Postal Service filed six attachments as related contract, under seal. Id. ACTION: Notice. follows: Attachment F. It maintains that the • Attachment A—a redacted copy of redacted portions of the Governors’ SUMMARY: The Commission is noticing a Governors’ Decision No. 11–6, Decision, contract, customer-identifying recent Postal Service filing requesting authorizing the new product; the addition of Priority Mail Contract 74 • information, and related financial Attachment B—a redacted copy of information should remain confidential. to the competitive product list. This the contract; notice informs the public of the filing, • Id. at 3. This information includes the Attachment C—proposed changes price structure, underlying costs and invites public comment, and takes other to the Mail Classification Schedule administrative steps. assumptions, pricing formulas, competitive product list with the information relevant to the customer’s DATES: Comments are due: January 7, addition underlined; • mailing profile, and cost coverage 2014. Attachment D—a Statement of projections. Id. The Postal Service asks Supporting Justification as required by ADDRESSES: Submit comments the Commission to protect customer- 39 CFR 3020.32; electronically via the Commission’s identifying information from public • Attachment E—a certification of Filing Online system at http:// disclosure indefinitely. Id. at 7. compliance with 39 U.S.C. 3633(a); and www.prc.gov. Those who cannot submit • Attachment F—an application for II. Notice of Filings comments electronically should contact non-public treatment of materials to FOR FURTHER the person identified in the maintain redacted portions of the The Commission establishes Docket INFORMATION CONTACT section by contract and related financial Nos. MC2014–15 and CP2014–24 to telephone for advice on filing information under seal. consider the Request pertaining to the alternatives. In the Statement of Supporting proposed Priority Mail Contract 74 FOR FURTHER INFORMATION CONTACT: Justification, Dennis R. Nicoski, product and the related contract, Stephen L. Sharfman, General Counsel, Manager, Field Sales Strategy and respectively. at 202–789–6820. Contracts, asserts that the contract will Interested persons may submit comments on whether the Postal SUPPLEMENTARY INFORMATION: cover its attributable costs and increase contribution toward the requisite 5.5 Service’s filings in the captioned Table of Contents percent of the Postal Service’s total dockets are consistent with the policies I. Introduction institutional costs. Id. Attachment D at of 39 U.S.C. 3632, 3633, or 3642, 39 CFR II. Notice of Filings 1. Mr. Nicoski contends that there will 3015.5, and 39 CFR part 3020, subpart III. Ordering Paragraphs be no issue of market dominant B. Comments are due no later than January 7, 2014. The public portions of I. Introduction products subsidizing competitive products as a result of this contract. Id. these filings can be accessed via the In accordance with 39 U.S.C. 3642 Related contract. The Postal Service Commission’s Web site (http:// and 39 CFR 3020.30 et seq., the Postal included a redacted version of the www.prc.gov). Service filed a request and associated related contract with the Request. Id. The Commission appoints Manon A. supporting information to add Priority Attachment B. The contract is Boudreault to serve as Public Mail Contract 74 to the competitive scheduled to become effective one Representative in these dockets. product list.1 The Postal Service asserts business day following the day on III. Ordering Paragraphs that Priority Mail Contract 74 is a which the Commission issues all competitive product ‘‘not of general necessary regulatory approval. Id. at 4. It is ordered: applicability’’ within the meaning of 39 The contract will expire three years from the effective date unless, among 2 Although the Request appears to state that the 1 Request of the United States Postal Service to other things, either party terminates the certification only pertains to paragraphs (1) and (3) Add Priority Mail Contract 74 to Competitive of 39 U.S.C. 3633(a), the certification itself contains Product List and Notice of Filing (Under Seal) of agreement upon 30 days’ written notice an assertion that the prices are in compliance with Unredacted Governors’ Decision, Contract, and to the other party or the contract is 39 U.S.C. 3633(a)(1), (2), and (3). See Request at 2; Supporting Data, December 27, 2013 (Request). renewed by mutual written agreement. Attachment E.

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1. The Commission establishes Docket 35 to the competitive product list.1 The allows two 90-day extensions of the Nos. MC2014–15 and CP2014–24 to Postal Service asserts that First-Class agreement if the preparation of a consider the matters raised in each Package Service Contract 35 is a successor agreement is active and the docket. competitive product ‘‘not of general Commission is notified within at least 2. Pursuant to 39 U.S.C. 505, Manon applicability’’ within the meaning of 39 seven days of the contract’s expiration A. Boudreault is appointed to serve as U.S.C. 3632(b)(3). Request at 1. The date. Id. The Postal Service represents an officer of the Commission (Public Request has been assigned Docket No. that the contract is consistent with 39 Representative) to represent the MC2014–14. U.S.C. 3633(a).2 interests of the general public in these The Postal Service The Postal Service filed much of the proceedings. contemporaneously filed a redacted supporting materials, including the 3. Comments by interested persons in contract related to the proposed new related contract, under seal. Id. these proceedings are due no later than product. Id. Attachment B. The instant Attachment F. It maintains that the January 7, 2014. contract has been assigned Docket No. redacted portions of the contract, 4. The Secretary shall arrange for CP2014–23. customer-identifying information, and publication of this order in the Federal Request. To support its Request, the related financial information, should Register. Postal Service filed six attachments as remain confidential. Id. at 3. This follows: information includes the price structure, By the Commission. • Attachment A—a redacted copy of Shoshana M. Grove, underlying costs and assumptions, Governors’ Decision No. 11–6, pricing formulas, information relevant Secretary. authorizing the new product; • to the customer’s mailing profile, and [FR Doc. 2013–31542 Filed 1–3–14; 8:45 am] Attachment B—a redacted copy of cost coverage projections. Id. The Postal BILLING CODE 7710–FW–P the contract; • Service asks the Commission to protect Attachment C—proposed changes customer-identifying information from to the Mail Classification Schedule public disclosure indefinitely. Id. at 7. POSTAL REGULATORY COMMISSION competitive product list with the addition underlined; II. Notice of Filings [Docket Nos. MC2014–14 and CP2014–23; • Attachment D—a Statement of Order No. 1938] The Commission establishes Docket Supporting Justification as required by Nos. MC2014–14 and CP2014–23 to 39 CFR 3020.32; New Postal Product consider the Request pertaining to the • Attachment E—a certification of proposed First-Class Package Service AGENCY: Postal Regulatory Commission. compliance with 39 U.S.C. 3633(a); and • Contract 35 product and the related ACTION: Notice. Attachment F—an application for non-public treatment of materials to contract, respectively. SUMMARY: The Commission is noticing a maintain redacted portions of the Interested persons may submit recent Postal Service filing requesting contract and related financial comments on whether the Postal the addition of First-Class Package information under seal. Service’s filings in the captioned Service Contract 35 to the competitive In the Statement of Supporting dockets are consistent with the policies product list. This notice informs the Justification, Dennis R. Nicoski, of 39 U.S.C. 3632, 3633, or 3642, 39 CFR public of the filing, invites public Manager, Field Sales Strategy and 3015.5, and 39 CFR part 3020, subpart comment, and takes other Contracts, asserts that the contract will B. Comments are due no later than administrative steps. cover its attributable costs, make a January 7, 2014. The public portions of these filings can be accessed via the DATES: Comments are due: January 7, positive contribution to covering Commission’s Web site (http:// 2014. institutional costs, and increase contribution toward the requisite 5.5 www.prc.gov). ADDRESSES: Submit comments percent of the Postal Service’s total The Commission appoints Lawrence electronically via the Commission’s institutional costs. Id. Attachment D at Fenster to serve as Public Filing Online system at http:// 1. Mr. Nicoski contends that there will Representative in these dockets. www.prc.gov. Those who cannot submit be no issue of market dominant III. Ordering Paragraphs comments electronically should contact products subsidizing competitive the person identified in the FOR FURTHER products as a result of this contract. Id. It is ordered: INFORMATION CONTACT section by Related contract. The Postal Service 1. The Commission establishes Docket telephone for advice on filing included a redacted version of the Nos. MC2014–14 and CP2014–23 to alternatives. related contract with the Request. Id. consider the matters raised in each FOR FURTHER INFORMATION CONTACT: Attachment B. The contract is docket. Stephen L. Sharfman, General Counsel, scheduled to become effective one 2. Pursuant to 39 U.S.C. 505, at 202–789–6820. business day following the day on Lawrence Fenster is appointed to serve as an officer of the Commission (Public SUPPLEMENTARY INFORMATION: which the Commission issues all regulatory approvals. Id. at 3. The Representative) to represent the Table of Contents contract will expire 3 years from the interests of the general public in these I. Introduction effective date unless, among other proceedings. II. Notice of Filings things, either party terminates the 3. Comments by interested persons in III. Ordering Paragraphs agreement upon 30 days’ written notice these proceedings are due no later than to the other party. Id. The contract also January 7, 2014. I. Introduction In accordance with 39 U.S.C. 3642 1 Request of the United States Postal Service to 2 Although the Request appears to state that the and 39 CFR 3020.30 et seq., the Postal Add First-Class Package Service Contract 35 to certification only pertains to paragraphs (1) and (3) Service filed a formal request and Competitive Product List and Notice of Filing of 39 U.S.C. 3633(a), the certification itself contains (Under Seal) of Unredacted Governors’ Decision, an assertion that the prices are in compliance with associated supporting information to Contract, and Supporting Data, December 27, 2013 39 U.S.C. 3633(a)(1), (2), and (3). See Request at 2; add First-Class Package Service Contract (Request). Attachment E.

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4. The Secretary shall arrange for SUMMARY: The Postal Service gives automated collection techniques or publication of this order in the Federal notice of filing a request with the Postal other forms of information technology. Register. Regulatory Commission to add a 1. Title and purpose of information By the Commission. domestic shipping services contract to collection: Public Service Pension the list of Negotiated Service Shoshana M. Grove, Questionnaires; OMB 3220–0136. Agreements in the Mail Classification Secretary. Schedule’s Competitive Products List. Public Law 95–216 amended the [FR Doc. 2013–31541 Filed 1–3–14; 8:45 am] Social Security Act of 1977 by DATES: Effective date: January 6, 2013. BILLING CODE 7710–FW–P providing, in part, that spouse or FOR FURTHER INFORMATION CONTACT: survivor benefits may be reduced when Elizabeth A. Reed, 202–268–3179. the beneficiary is in receipt of a pension SUPPLEMENTARY INFORMATION: The based on employment with a Federal, POSTAL SERVICE ® United States Postal Service hereby State, or local governmental unit. Product Change—First-Class Package gives notice that, pursuant to 39 U.S.C. Initially, the reduction was equal to the Service Negotiated Service Agreement 3642 and 3632(b)(3), on December 27, full amount of the government pension. 2013, it filed with the Postal Regulatory Public Law 98–21 changed the AGENCY: Postal ServiceTM. Commission a Request of the United reduction to two-thirds of the amount of ACTION: States Postal Service to Add Priority Notice. the government pension. Public Law Mail Contract 74 to Competitive Product 108–203 amended the Social Security SUMMARY: The Postal Service gives List. Documents are available at Act by changing the requirement for notice of filing a request with the Postal www.prc.gov, Docket Nos. MC2014–15, exemption to public service offset, that Regulatory Commission to add a CP2014–24. domestic shipping services contract to Federal Insurance Contributions Act the list of Negotiated Service Stanley F. Mires, (FICA) taxes be deducted from the Agreements in the Mail Classification Attorney, Legal Policy & Legislative Advice. public service wages for the last 60 Schedule’s Competitive Products List. [FR Doc. 2013–31490 Filed 1–3–14; 8:45 am] months of public service employment, rather than just the last day of public DATES: Effective date: January 6, 2014. BILLING CODE 7710–12–P service employment. FOR FURTHER INFORMATION CONTACT: Elizabeth A. Reed, 202–268–3179. Sections 4(a)(1) and 4(f)(1) of the RAILROAD RETIREMENT BOARD Railroad Retirement Act (RRA) provides SUPPLEMENTARY INFORMATION: The that a spouse or survivor annuity should United States Postal Service® hereby Proposed Collection; Comment be equal in amount to what the gives notice that, pursuant to 39 U.S.C. Request annuitant would receive if entitled to a 3642 and 3632(b)(3), on December 27, like benefit from the Social Security 2013, it filed with the Postal Regulatory Summary: In accordance with the Administration. Therefore, the public Commission a Request of the United requirement of Section 3506(c)(2)(A) of service pension (PSP) provisions apply States Postal Service to Add First-Class the Paperwork Reduction Act of 1995 to RRA annuities. RRB regulations Package Service Contract 35 to which provides opportunity for public pertaining to the collection of evidence Competitive Product List. Documents comment on new or revised data relating to public service pensions or are available at www.prc.gov, Docket collections, the Railroad Retirement worker’s compensation paid to spouse Nos. MC2014–14, CP2014–23. Board (RRB) will publish periodic summaries of proposed data collections. or survivor applicants or annuitants are Stanley F. Mires, Comments are invited on: (a) Whether found in 20 CFR 219.64c. Attorney, Legal Policy & Legislative Advice. the proposed information collection is The RRB utilizes Form G–208, Public [FR Doc. 2013–31491 Filed 1–3–14; 8:45 am] necessary for the proper performance of Service Pension Questionnaire, and BILLING CODE 7710–12–P the functions of the agency, including Form G–212, Public Service Monitoring whether the information has practical Questionnaire, to obtain information utility; (b) the accuracy of the RRB’s used to determine whether an annuity POSTAL SERVICE estimate of the burden of the collection reduction is in order. Completion of the of the information; (c) ways to enhance forms is voluntary. However, failure to Product Change—Priority Mail the quality, utility, and clarity of the complete the forms could result in the Negotiated Service Agreement information to be collected; and (d) nonpayment of benefits. One response is AGENCY: Postal ServiceTM. ways to minimize the burden related to requested of each respondent. The RRB the collection of information on proposes no changes to the forms in the ACTION: Notice. respondents, including the use of collection.

ESTIMATE OF ANNUAL RESPONDENT BURDEN [The estimated annual respondent burden is as follows]

Annual Time Burden Form No. responses (minutes) (hours)

G–208 ...... 70 16 19.0 G–212 ...... 1,100 15 275.0

Total ...... 1,170 ...... 294.0

2. Title and purpose of information Office on Beneficiary’s Buy-In Status; Under Section 7(d) of the Railroad collection: Report of Medicaid State OMB 3220–0185. Retirement Act, the RRB administers the

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Medicare program for persons covered their insurance coverage. Generally, certain railroad beneficiaries are entitled by the railroad retirement system. Under these individuals are categorically to receive Supplementary Medical Section 1843 of the Social Security Act, needy under Medicaid and meet the Insurance program coverage under a states may enter into ‘‘buy-in eligibility requirements for Medicare state buy-in agreement in states in agreements’’ with the Secretary of Part B. States can also include in their which they reside. Completion of Form Health and Human Services for the buy-in agreements, individuals who are RL–380–F is voluntary. One response is purpose of enrolling certain groups of eligible for medical assistance only. The received from each respondent. The low-income individuals under the RRB uses Form RL–380–F, Report to RRB proposes no changes to Form RL– Medicare medical insurance (Part B) State Medicaid Office, to obtain 380–F. program and paying the premiums for information needed to determine if

ESTIMATE OF ANNUAL RESPONDENT BURDEN [The estimated annual respondent burden is as follows]

Annual Time Burden Form No. responses (minutes) (hours)

RL–380–F ...... 600 10 100

Additional Information or Comments: Commissioner Stein, as duty officer, proposed rule change as described in To request more information or to voted to consider the items listed for the Items I, II, and III below, which Items obtain a copy of the information Closed Meeting in a closed session. have been prepared by NASDAQ. The collection justification, forms, and/or The subject matter of the Closed Commission is publishing this notice to supporting material, contact Dana Meeting will be: solicit comments on the proposed rule Hickman at (312) 751–4981 or Institution and settlement of change from interested persons. [email protected]. Comments injunctive actions; I. Self-Regulatory Organization’s regarding the information collection Institution and settlement of Statement of the Terms of Substance of should be addressed to Charles administrative proceedings; and the Proposed Rule Change Mierzwa, Railroad Retirement Board, Other matters relating to enforcement 844 North Rush Street, Chicago, Illinois proceedings. NASDAQ is proposing changes to 60611–2092 or emailed to At times, changes in Commission modify the existing fees that clients co- [email protected]. Written priorities require alterations in the located in NASDAQ’s Carteret data comments should be received within 60 scheduling of meeting items. center pay for cabinet space, For further information and to days of this notice. connectivity, and additional services as ascertain what, if any, matters have been set forth in NASDAQ Rule 7034. Charles Mierzwa, added, deleted or postponed, please NASDAQ intends to make these fees contact the Office of the Secretary at Chief of Information Resources Management. effective on January 2, 2014. (202) 551–5400. [FR Doc. 2013–31502 Filed 1–3–14; 8:45 am] The text of the proposed rule change BILLING CODE 7905–01–P Dated: January 2, 2014. is available on the Exchange’s Web site Kevin M. O’Neill, at http://nasdaq.cchwallstreet.com, at Deputy Secretary. the principal office of the Exchange, at [FR Doc. 2014–00018 Filed 1–2–14; 4:15 pm] the Commission’s Public Reference SECURITIES AND EXCHANGE BILLING CODE 8011–01–P Room, and at the Commission’s Web COMMISSION site at http://sec.gov. Sunshine Act Meeting SECURITIES AND EXCHANGE II. Self-Regulatory Organization’s COMMISSION Statement of the Purpose of, and Notice is hereby given, pursuant to Statutory Basis for, the Proposed Rule the provisions of the Government in the [Release No. 71200; File No. SR–NASDAQ– Change Sunshine Act, Public Law 94–409, that 2013–157] the Securities and Exchange In its filing with the Commission, the Commission will hold a Closed Meeting Self-Regulatory Organizations; The Exchange included statements on Wednesday, January 8, 2014 at 2:00 NASDAQ Stock Market LLC; Notice of concerning the purpose of and basis for p.m. Filing and Immediate Effectiveness of the proposed rule change. The text of Commissioners, Counsel to the a Proposed Rule Change To Modify the these statements may be examined at Commissioners, the Secretary to the Existing Fees in NASDAQ Rule 7034 the places specified in Item IV below. Commission, and recording secretaries The Exchange has prepared summaries, December 30, 2013. set forth in sections A, B, and C below, will attend the Closed Meeting. Certain Pursuant to Section 19(b)(1) of the staff members who have an interest in of the most significant aspects of such Securities Exchange Act of 1934 statements. the matters also may be present. (‘‘Act’’),1 and Rule 19b–4 2 thereunder, The General Counsel of the notice is hereby given that on December A. Self-Regulatory Organization’s Commission, or her designee, has 16, 2013, The NASDAQ Stock Market Statement of the Purpose of, and certified that, in her opinion, one or LLC (‘‘NASDAQ’’ or ‘‘Exchange’’) filed Statutory Basis for, the Proposed Rule more of the exemptions set forth in 5 with the Securities and Exchange Change U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) Commission (‘‘Commission’’) the 1. Purpose and 17 CFR 200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the 1 15 U.S.C. 78s(b)(1). NASDAQ is proposing five scheduled matter at the Closed Meeting. 2 17 CFR 240.19b–4. modifications to the current fee

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schedule for colocation offerings set materials costs for the actual cabinet increases of $50 per month for four forth in NASDAQ Rule 7034. installation service. connectivity fees set forth in Rule 1. NASDAQ is proposing to modify 7034(b) (the Category 6 Cable Patch, the 2. Statutory Basis Rule 7034(a) to reduce cabinet fees for DS–3 Connection, and the Fiber fee all cabinet users. Specifically, NASDAQ The Exchange believes that its (from $300 to $350), and also the POTS is proposing to reduce from $7,000 to proposal is consistent with Section 6(b) Line fee from $0 to $50) and also to the $4,500 the fee for installing a new Super of the Act 4 in general, and with Ongoing Monthly Fee for three forms on High Density Cabinet. Additionally, Sections 6(b)(4), (b)(5) and (b)(8) of the connectivity set forth in Rule 7034(b) NASDAQ is proposing to reduce the Act,5 in particular, in that it provides for (the 40Gb Fiber connection, the 10Gb ongoing monthly fees for all cabinets: the equitable allocation of reasonable Fiber connection, the 1Gb Fiber Super High Density from $13,000 to dues, fees and other charges among connection; and the 1Gb Copper $8,000; High Density from $7,000 to members and issuers and other persons connection to NASDAQ). $4,500; Medium High Density from using any facility or system which the Moreover, the Exchange believes the $6,000 to $3,500; Medium Density from Exchange operates or controls, and is proposed fees [sic] changes are $5,000 to $2,500; Low Density from designed to promote just and equitable reasonable because they are based on $4,000 to $2,000; and Half Cabinets principles of trade, to remove the Exchange’s costs to cover hardware, from $3,000 to $2,000. These changes impediments to and perfect the installation, testing and connection, as largely cement a temporary fee mechanism of a free and open market well expenses involved in maintaining reduction that NASDAQ offered at and a national market system, and, in and managing the colocation facilities. various times in 2013. The language general to protect investors and the The proposed fees allow the Exchange describing the temporary fee reduction public interest. to recoup these costs and make a profit, The Exchange believes that the is being deleted from the Exchange while providing customers the ability to 3 proposed fees changes are consistent rulebook. reduce latency in a well-maintained and with Section 6(b)(4) of the Act for 2. NASDAQ is modifying Rule 7034(a) operated environment. The Exchange multiple reasons. The Exchange to clarify that the Multi-Firm Cabinets believes that the proposed fees are Fee is assessed for each firm that operates in a highly competitive market in which exchanges offer co-location reasonable in that they reflect the costs occupies space in a cabinet other than and the benefit of the lower latency to the firm that contracts with NASDAQ services as a means to facilitate the trading activities of those members who clients. Technology Services for that cabinet. The Exchange also believes that the This language is intended to better believe that co-location enhances the efficiency of their trading. Accordingly, proposed fees are consistent with reflect the original intent of the Multi- Section 6(b)(5) of the Act in that the fees Firm Cabinets fee and represents no fees charged for co-location services are constrained by the active competition are equitably allocated and non- change in NASDAQ’s billing practice. discriminatory. All Exchange members 3. NASDAQ is increasing by $50 four for the order flow of such members. If that voluntarily select various service connectivity fees set forth in Rule a particular exchange charges excessive options will be charged the same 7034(b): The Category 6 Cable Patch, the fees for co-location services, affected amount for the same services. As is true DS–3 Connection, and the Fiber fee members will opt to terminate their co- of all co-location services, all co-located (each from $300 to $350), and also the location arrangements with that clients have the option to select any POTS Line fee (from $0 to $50). These exchange, and adopt a possible range of cabinet or connectivity option, and are previously filed offerings that users alternative strategies, including co- there is no differentiation among request to connect to various locating with a different exchange, customers with regard to the fees telecommunications providers or other placing their servers in a physically charged for the service. Further, the colocation cabinets. proximate location outside the 4. NASDAQ is increasing the Ongoing exchange’s data center, or pursuing benefits of selecting such services are Monthly Fee for four forms of trading strategies not dependent upon the same for all co-located clients, connectivity to NASDAQ currently set co-location. Accordingly, the exchange irrespective of the locations of their forth in Rule 7034(b). Specifically, charging excessive fees would stand to cabinets within the data center. NASDAQ is increasing from $15,000 to lose not only co-location revenues but The Exchange’s proposal is also $20,000 the monthly fee for the 40Gb also revenues associated with the consistent with the requirement of Fiber connection to NASDAQ; from execution of orders routed to it by Section 6(b)(5) of the Act that Exchange $5,000 to $10,000 the monthly fee for affected members. rules be designed to prevent fraudulent the 10Gb Fiber connection to NASDAQ; The fees are fair and equitable and manipulative acts and practices, to from $1,000 to $2,500 the monthly fee whether considered in total or promote just and equitable principles of for the 1Gb Fiber connection to individually. First, NASDAQ is trade, to foster cooperation and NASDAQ; and from $1,000 to $2,500 proposing a major fee reduction for all coordination with persons engaged in the monthly fee for the 1Gb Copper colocation users by reducing ongoing regulating, clearing, settling, processing connection to NASDAQ. monthly fees for all cabinets and the information with respect to, and 5. Finally, NASDAQ is reducing from fees for installing new Super High facilitating transactions in securities, to $7,000 to $4,500 the installation fee for Density Cabinets (both the standard remove impediments to and perfect the the Super High Density Cabinet Kit set installation fee set forth in subsection mechanism of a free and open market forth in Rule 7034(d). A user installing (a) and the ‘‘Kit’’ fee set forth in and a national market system, and, in a new Super High Density Cabinet pays subsection (d)). These fee reduction [sic] general, to protect investors and the this ‘‘Kit’’ fee for various necessary range from 35 to 50 percent, and they public interest; and are not designed to cabinet accessories, in addition to the will benefit each cabinet user for each permit unfair discrimination between $4,500 installation fee set forth in Rule month in the future. These fee customers, issuers, brokers, or dealers. 7034(a) which covers the labor and reductions are offset in part by minor The proposal is consistent with these requirements insomuch as it makes 3 See, e.g., Exchange Act Release No. 69887 (June 4 15 U.S.C. 78f(b). available to market participants, at a 29, 2013), 78 FR 40527 (July 5, 2013). 5 15 U.S.C. 78f(b)(4), (5) and (8). reasonable fee and on a non-

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discriminatory basis, access to low Electronic Comments SECURITIES AND EXCHANGE latency means of trading. • COMMISSION Finally, for the reasons stated below Use the Commission’s Internet comment form (http://www.sec.gov/ [Release No. 34–71197; File No. SR–BX– in Section 4 of Form 19b–4, the 2013–063] proposed fees [sic] changes are rules/sro.shtml); or consistent with Section 6(b)(8) of the • Send an email to rule-comments@ Self-Regulatory Organizations; Act in that they do not impose a burden sec.gov. Please include File Number SR– NASDAQ OMX BX, Inc.; Notice of Filing on competition not necessary or NASDAQ–2013–157 on the subject line. and Immediate Effectiveness of appropriate in furtherance of the Proposed Rule Change to Modify the purposes of the Act. Paper Comments Extranet Access Fee • B. Self-Regulatory Organization’s Send paper comments in triplicate December 30, 2013. Statement on Burden on Competition to Elizabeth M. Murphy, Secretary, Pursuant to Section 19(b)(1) of the Securities and Exchange Commission, NASDAQ does not believe that the Securities Exchange Act of 1934 100 F Street NE., Washington, DC 1 2 proposed rule change will result in any (‘‘Act’’), and Rule 19b–4 thereunder, 20549–1090. burden on competition that is not notice is hereby given that on December necessary or appropriate in furtherance All submissions should refer to File 19, 2013, NASDAQ OMX BX, Inc. (‘‘BX’’ of the purposes of the Act, as amended. Number SR–NASDAQ–2013–157. This or ‘‘Exchange’’) filed with the Securities To the contrary, as discussed above, the file number should be included on the and Exchange Commission (‘‘SEC’’ or Exchange believes that fees for co- subject line if email is used. To help the ‘‘Commission’’) the proposed rule location services are constrained by the Commission process and review your change as described in Items I, II, and III below, which Items have been robust competition for order flow among comments more efficiently, please use prepared by the Exchange. The exchanges and non-exchange markets, only one method. The Commission will Commission is publishing this notice to because co-location exists to advance post all comments on the Commission’s that competition. Further, excessive fees solicit comments on the proposed rule Internet Web site (http://www.sec.gov/ change from interested persons. for co-location services would serve to rules/sro.shtml). Copies of the impair an exchange’s ability to compete submission, all subsequent I. Self-Regulatory Organization’s for order flow rather than burdening amendments, all written statements Statement of the Terms of the Substance competition. In fact, NASDAQ believes with respect to the proposed rule of the Proposed Rule Change that the proposal reflects the positive effects of robust competition but for change that are filed with the The Exchange [sic] to modify the which NASDAQ would no incentive to Commission, and all written extranet access fee (‘‘Extranet Access reduce fees for any colocation offerings. communications relating to the Fee’’) set forth in BX Rule 7025, as well proposed rule change between the as to clarify its applicability. BX will C. Self-Regulatory Organization’s Commission and any person, other than implement the proposed revised fee on Statement on Comments on the those that may be withheld from the January 2, 2014. Proposed Rule Change Received From public in accordance with the The text of the proposed rule change Members, Participants, or Others provisions of 5 U.S.C. 552, will be is below. Proposed new language is available for Web site viewing and italicized; proposed deletions are No written comments were either 3 solicited or received. printing in the Commission’s Public bracketed. Reference Room, 100 F Street NE., * * * * * III. Date of Effectiveness of the Washington, DC 20549, on official 7025. Extranet Access Fee Proposed Rule Change and Timing for business days between the hours of Extranet providers that establish a Commission Action 10:00 a.m. and 3:00 p.m. Copies of the connection with the Exchange to offer The foregoing rule change has become filing also will be available for direct access connectivity to market data feeds shall be assessed a monthly access effective pursuant to Section 19(b)(3)(A) inspection and copying at the principal fee of $1,000 [750] per client of the Act 6 and paragraph (f) of Rule office of the Exchange. All comments organization Customer Premises 19b–4 thereunder.7 At any time within received will be posted without change; 60 days of the filing of the proposed rule Equipment (‘‘CPE’’) Configuration. If an the Commission does not edit personal extranet provider uses multiple CPE change, the Commission summarily may identifying information from temporarily suspend such rule change if Configurations to provide market data submissions. You should submit only feeds to any client organization, the it appears to the Commission that such information that you wish to make action is necessary or appropriate in the monthly fee shall apply to each such available publicly. All submissions CPE Configuration. For purposes of this public interest, for the protection of should refer to File Number SR– investors, or otherwise in furtherance of Rule 7025, the term ‘‘Customer Premises NASDAQ–2013–157 and should be the purposes of the Act. Equipment Configuration’’ shall mean submitted on or before January 27, 2014. any line, circuit, router package, or IV. Solicitation of Comments For the Commission, by the Division of other technical configuration used by an Interested persons are invited to Trading and Markets, pursuant to delegated extranet provider to provide a direct submit written data, views, and authority.8 access connection to the Exchange arguments concerning the foregoing, Elizabeth M. Murphy, market data feeds to a recipient’s site. including whether the proposed rule No extranet access fee will be charged Secretary. for connectivity to market data feeds change is consistent with the Act. [FR Doc. 2013–31517 Filed 1–3–14; 8:45 am] Comments may be submitted by any of BILLING CODE 8011–01–P 1 the following methods: 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 3 Changes are marked to the rules of NASDAQ 6 15 U.S.C. 78s(b)(3)(A). OMX BX, Inc. found at http:// 7 17 CFR 240.19b–4(f). 8 17 CFR 200.30–3(a)(12). nasdaqomxbx.cchwallstreet.com.

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containing only consolidated data. For bandwidth and lower carrying costs. in 2009. The extranet costs are separate purposes of this rule, consolidated data Additionally, the Exchange has and different from the colocation facility includes data disseminated by the UTP implemented automated retransmission that is able to recoup these fees by SIP. facilities for most of its data clients that charging for servers within the * * * * * benefit extranet clients by reducing associated data centers. operational costs associated with Additionally, BX Rule 7025 will be II. Self-Regulatory Organization’s retransmissions. clarified by stating that no extranet Statement of the Purpose of, and As the number of extranets has access fee will be charged for Statutory Basis for, the Proposed Rule increased, the management of the connectivity to market data feeds Change downstream customers has expanded containing only consolidated data. This In its filing with the Commission, the and the Exchange has had to ensure clarification should serve to reduce any Exchange included statements appropriate reporting and review confusion as to the applicability of this concerning the purpose of and basis for processes, which has resulted in a fee. the proposed rule change and discussed greater cost burden on the Exchange any comments it received on the B. Self-Regulatory Organization’s over time. The increased fee will also Statement on Burden on Competition proposed rule change. The text of these help to ensure that the Exchange is statements may be examined at the better able to closely review reports and The Exchange does not believe that places specified in Item IV below. The uncover reporting errors via audits thus the proposed rule change will result in Exchange has prepared summaries, set minimizing reporting issues. The any burden on competition that is not forth in sections A, B, and C below, of network infrastructure has increased in necessary or appropriate in furtherance the most significant aspects of such order to keep pace with the increased of the purposes of the Act, as amended. statements. number of products, which, in turn, has The fees are applied uniformly among caused an increased administrative extranet providers, which are not A. Self-Regulatory Organization’s compelled to establish a connection Statement of the Purpose of, and burden and higher operational costs associated with delivery via extranets. with the Exchange to offer access Statutory Basis for, the Proposed Rule connectivity to market data feeds. For Change Additionally, BX Rule 7025 will be clarified by stating that no extranet these reasons, any burden arising from 1. Purpose access fee will be charged for the fees is necessary in the interest of The Exchange is proposing a change connectivity to market data feeds promoting the equitable allocation of a to modify the Extranet Access Fee as set containing only consolidated data.6 This reasonable fee. Additionally, firms make forth in BX Rule 7025, as well as to clarification should serve to reduce any decisions on how much and what types clarify its applicability. BX Rule 7025 confusion as to the applicability of this of data to consume on the basis of the currently provides that for extranet fee. total cost of interacting with the providers that establish a connection Exchange or other exchanges and, of 2. Statutory Basis with the Exchange to offer direct access course, the extranet access fee is but one connectivity to market data feeds they The Exchange believes that the factor in a total platform analysis. [sic] will be assessed a monthly access proposed rule change is consistent with C. Self-Regulatory Organization’s 7 fee of $750 per recipient Customer Section 6(b) of the Act, in general, and Statement on Comments on the 8 Premises Equipment (‘‘CPE’’) with Section 6(b)(4) of the Act, in Proposed Rule Change Received From Configuration.4 particular, in that it provides for the Members, Participants, or Others Specifically, the Exchange proposes to equitable allocation of reasonable dues, increase this Extranet Access Fee from fees and other charges among members No written comments were either $750 per month to $1,000 per month. and issuers and other persons using any solicited or received. This increase represents the first price facility or system which the Exchange III. Date of Effectiveness of the change since its introduction in 2009.5 operates or controls. Proposed Rule Change and Timing for This fee increase will be used to help All similarly situated extranet Commission Action support the Exchange’s costs associated providers, including the Exchange The foregoing rule change has become with maintaining multiple extranet operating its own extranet, that establish effective pursuant to Section connections with multiple providers. an extranet connection with the 19(b)(3)(A)(ii) of the Act.9 At any time These costs include those associated Exchange to access market data feeds within 60 days of the filing of the with overhead and technology from the Exchange are subject to the proposed rule change, the Commission infrastructure, administrative, same fee structure. The increased fee summarily may temporarily suspend maintenance and operational costs. will help the Exchange offset some of such rule change if it appears to the Since the inception of this fee there the rising overhead and technology Commission that such action is have been numerous network infrastructure, administrative, necessary or appropriate in the public infrastructure improvements and maintenance and operational costs it interest, for the protection of investors, administrative controls enacted. The incurs in support of the service. If such or otherwise in furtherance of the Exchange has additionally implemented costs are covered, the service may purposes of the Act. If the Commission compressed TCP/IP options, which provide the Exchange with a profit. As takes such action, the Commission shall allows [sic] customers reduced such, the Exchange believes that the institute proceedings to determine proposed fee increase is reasonable and 4 whether the proposed rule should be As defined in BX Rule 7025, a ‘‘Customer notes that this increase represents the Premises Equipment Configuration’’ means any approved or disapproved. line, circuit, router package, or other technical first price change since its introduction configuration used by an extranet provider to IV. Solicitation of Comments 6 provide a direct access connection to the Exchange For purposes of BX Rule 7025, ‘‘consolidated Interested persons are invited to market data feeds to a recipient’s site. data’’ is defined to include data disseminated by the 5 See Securities Exchange Act Release No. 59615 UTP SIP. submit written data, views, and (March 20, 2009), 74 FR 14604 (March 31, 2009) 7 15 U.S.C. 78f. (SR–BX–2009–005). 8 15 U.S.C. 78f(b)(4). 9 15 U.S.C. 78s(b)(3)(a)(ii).

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arguments concerning the foregoing, For the Commission, by the Division of places specified in Item IV below. The including whether the proposed rule Trading and Markets, pursuant to delegated Exchange has prepared summaries, set 10 change is consistent with the Act. authority. forth in sections A, B, and C below, of Comments may be submitted by any of Elizabeth M. Murphy, the most significant aspects of such the following methods: Secretary. statements. [FR Doc. 2013–31514 Filed 1–3–14; 8:45 am] Electronic Comments BILLING CODE 8011–01–P A. Self-Regulatory Organization’s Statement of the Purpose of, and • Use the Commission’s Internet Statutory Basis for, the Proposed Rule comment form (http://www.sec.gov/ SECURITIES AND EXCHANGE Change rules/sro.shtml); or COMMISSION 1. Purpose • Send an email to rule- [Release No. 34–71203; File No. SR–MIAX– [email protected]. Please include File 2013–60] The Exchange is proposing to amend Number SR–BX–2013–063 on the Exchange Rule 404. Currently the subject line. Self-Regulatory Organizations; Miami Exchange’s Rules allow for the International Securities Exchange LLC; Paper Comments Exchange to list options in the Short Notice of Filing and Immediate Term Option Series Program (‘‘STOS • Send paper comments in triplicate Effectiveness of Proposed Rule Program’’ or ‘‘STOS option’’) ‘‘on each to Elizabeth M. Murphy, Secretary, Change Relating to the Short Term of the next five consecutive Fridays that Securities and Exchange Commission, Option Series Program are business days.’’ 3 Related filings of 100 F Street NE., Washington, DC December 30, 2013. other option exchanges, including 20549–1090. Pursuant to Section 19(b)(1) of the MIAX, which provided the Exchange with precedent for its rule to list five All submissions should refer to File Securities Exchange Act of 1934 STOS option expirations specifically Number SR–BX–2013–063. This file (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 notice is hereby given that, on December states [sic] that ‘‘the total number of number should be included on the consecutive expirations will be five (5), subject line if email is used. 23, 2013, Miami International Securities Exchange LLC (‘‘MIAX’’ or ‘‘Exchange’’) including any existing monthly or To help the Commission process and filed with the Securities and Exchange quarterly expirations’’ for the STOS review your comments more efficiently, Commission (‘‘Commission’’) a Program.4 The Exchange is now please use only one method. The proposed rule change as described in proposing to make explicit that the next Commission will post all comments on Items I and II below, which Items have five STOS options may be listed at one the Commission’s Internet Web site been prepared by the Exchange. The time, not including the monthly or (http://www.sec.gov/rules/sro.shtml). Commission is publishing this notice to Quarterly options. The Exchange is also Copies of the submission, all subsequent solicit comments on the proposed rule proposing to codify an existing practice amendments, all written statements change from interested persons. by adding language stating that strikes with respect to the proposed rule may be listed up until and on the day I. Self-Regulatory Organization’s change that are filed with the of expiration. Statement of the Terms of Substance of Commission, and all written the Proposed Rule Change As proposed, the Exchange will have communications relating to the the ability to list a total of five STOS The Exchange is filing a proposal to proposed rule change between the and that count of five would not include amend Rule 404 to allow the Exchange Commission and any person, other than monthly or Quarterly option to list five Short Term Option Series at those that may be withheld from the expirations. The Exchange notes that one time and to specify that new series public in accordance with the this proposal would restrict the five of Short Term Option Series may be provisions of 5 U.S.C. 552, will be listed STOS to those closest to the Short listed up to, and including on, the available for Web site viewing and expiration date. Term Option Opening Date. For printing in the Commission’s Public The text of the proposed rule change example, if a class of options has five Reference Room, 100 F Street NE., is available on the Exchange’s Web site STOS listed with expiration dates in Washington, DC, on official business at http://www.miaxoptions.com/filter/ July, the other two listed expiration days between the hours of 10:00 a.m. wotitle/rule_filing, at MIAX’s principal dates may not be in December. The and 3:00 p.m. Copies of such filing also office, and at the Commission’s Public Exchange believes that allowing will be available for inspection and Reference Room. otherwise would undermine the copying at the principal offices of the purpose of the STOS Program. Exchange. All comments received will II. Self-Regulatory Organization’s Statement of the Purpose of, and As examples of how this would work be posted without change; the in practice, consider a situation in Commission does not edit personal Statutory Basis for, the Proposed Rule Change which a Quarterly option expires week identifying information from 1 and a monthly option expire week 3 submissions. You should submit only In its filing with the Commission, the from now, the proposal would allow the information that you wish to make Exchange included statements following expirations: Week 1 Quarterly available publicly. All submissions concerning the purpose of and basis for option, week 2 STOS option, week 3 should refer to File Number SR–BX– the proposed rule change and discussed monthly option, week 4 STOS option, 2013–063, and should be submitted on any comments it received on the week 5 STOS option, week 6 STOS or before January 27, 2014. proposed rule change. The text of these statements may be examined at the 3 See Exchange Rule 404.02. 4 See Securities Exchange Act Release Nos. 69658 10 17 CFR 200.30–3(a)(12). (May 29, 2013), 78 FR 33454 (June 4, 2013) (SR– 1 15 U.S.C. 78s(b)(1). MIAX–2013–23); 68242 (November 15, 2012), 77 FR 2 17 CFR 240.19b–4. 69908 (November 21, 2012) (SR–CBOE–2012–110).

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option, and week 7 STOS option.5 As 6(b)(5) 11 of the Act in particular, in that appropriate in furtherance of the another example, if a Quarterly option it is designed to prevent fraudulent and purposes of the Act, and believes the expires week 3 and a monthly option manipulative acts and practices, to proposed change will enhance expires week 5, the following promote just and equitable principles of competition. expirations would be allowed: Week 1 trade, to foster cooperation and C. Self-Regulatory Organization’s STOS option, week 2 STOS option, coordination with persons engaged in week 3 Quarterly option, week 4 STOS facilitating transactions in securities, to Statement on Comments on the option, week 5 monthly option, week 6 remove impediments to and perfect the Proposed Rule Change Received from STOS option, week 7 STOS option.6 mechanisms of a free and open market Members, Participants, or Others Next, the Exchange is proposing to and a national market system and, in Written comments were neither add language to Rule 404 to state that general, to protect investors and the solicited nor received. additional series of STOS options may public interest. III. Date of Effectiveness of the be added up to, and including on, the In particular, the Exchange believes expiration date of the series.7 Currently, that expanding the STOS Program will Proposed Rule Change and Timing for Exchange rules state that the Exchange result in a continuing benefit to Commission Action ‘‘may open up to 20 initial series for investors by giving them more flexibility Because the proposed rule change each option class that participates in the to closely tailor their investment does not (i) significantly affect the Short Term Option Series Program’’ and decisions and hedging decisions in a protection of investors or the public ‘‘up to 10 additional series for each greater number of securities. The interest; (ii) impose any significant option class that participates in the Exchange also believes that expanding burden on competition; and (iii) become Short Term Option Series Program’’ the STOS Program will provide the operative for 30 days from the date on however the Exchange’s rules are silent investing public and other market which it was filed, or such shorter time on when series may be added.8 In participants with additional as the Commission may designate, the practice, however, the Exchange notes opportunities to hedge their investment proposed rule change has become that other exchanges list additional thus allowing these investors to better effective pursuant to Section 19(b)(3)(A) series until the expiration day.9 The manage their risk exposure. of the Act 12 and Rule 19b–4(f)(6) Exchange believes that codifying this With regard to the impact of this thereunder.13 provision will clearly provide the ability proposal on system capacity, the The Exchange has asked the which is currently not explicitly stated Exchange has analyzed its capacity and Commission to waive the 30-day to add series up until the day of represents that the Exchange and the operative delay so that the proposal may expiration which is in the current Rules Options Price Reporting Authority become operative immediately upon [sic]. In addition, given the short (‘‘OPRA’’) has the necessary systems filing. The Exchange stated that waiver lifespan of STOS, the Exchange believes capacity to handle any potential of this requirement will ensure fair that the ability to list new series of additional traffic associated with this competition among the exchanges by options intraday is appropriate. current amendment to the STOS allowing the Exchange to open up to The Exchange notes that the STOS Program. The Exchange believes that its five expirations under the STOS Program has been very well-received by members will not have a capacity issue Program in a manner consistent with market participants, in particular by as a result of this proposal. The another competing exchange. The retail investors. The Exchange believes Exchange also does not believe this proposal will also clarify that, like other that the current proposed revision to the expansion will cause fragmentation to options exchanges, the Exchange may STOS Program will permit the Exchange liquidity. list new STO series up to, and including to meet increased customer demand and B. Self-Regulatory Organization’s on, the expiration date. For these provide market participants with the Statement on Burden on Competition reasons, the Commission believes that ability to hedge in a greater number of the proposed rule change presents no option classes and series. In addition, The Exchange does not believe that novel issues and that waiver of the 30- the proposed changes will codify an the proposed rule change will impose day operative delay is consistent with existing practice in the options any burden on competition not the protection of investors and the exchange industry. necessary or appropriate in furtherance public interest and will allow the of the purposes of the Act. The 2. Statutory Basis Exchange to remain competitive with Exchange believes this proposed rule other exchanges. Therefore, the The Exchange believes that its change will benefit investors by Commission designates the proposed proposed rule change is consistent with providing additional methods to trade rule change to be operative upon Section 6(b) 10 of the Act in general, and options on the liquid securities, and filing.14 furthers the objectives of Section providing greater ability to mitigate risk At any time within 60 days of the in managing large portfolios. filing of the proposed rule change, the 5 The proposal would not allow, for example, for Specifically, the Exchange believes that Commission summarily may nothing to be listed week 7 but week 8 a STOS investors would benefit from the option. 6 Id. introduction and availability of 12 15 U.S.C. 78s(b)(3)(A). 7 The Exchange is also proposing to add language additional series available as an 13 17 CFR 240.19b–4(f)(6). As required under Rule stating that the proposed provisions in Rule 404.02 investing tool. The Exchange also 19b–4(f)(6)(iii), the Exchange provided the will not contradict current provisions in Exchange believes the proposed changes will Commission with written notice of its intent to file Rules. The Exchange believes this addition will provide investors with an additional the proposed rule change, along with a brief eliminate any confusion about when additional description and the text of the proposed rule series may be added in the STOS Program in tool for hedging risk in highly liquid change, at least five business days prior to the date comparison to other Exchange listing programs. securities. For all the reasons stated, the of filing of the proposed rule change, or such 8 See Exchange Rule 404.02. Exchange does not believe that the shorter time as designated by the Commission. 9 The Exchange notes that the Options Clearing proposed rule change will impose any 14 For purposes only of waiving the 30-day Corporation (‘‘OCC’’) has the ability to operative delay, the Commission has also accommodate series in the STOS Program added burden on competition not necessary or considered the proposed rule’s impact on intraday. efficiency, competition, and capital formation. See 10 15 U.S.C. 78f(b). 11 15 U.S.C. 78f(b)(5). 15 U.S.C. 78c(f).

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temporarily suspend such rule change if available publicly. All submissions II. Self-Regulatory Organization’s it appears to the Commission that such should refer to File Number SR–MIAX– Statement of the Purpose of, and action is necessary or appropriate in the 2013–60 and should be submitted on or Statutory Basis for, the Proposed Rule public interest, for the protection of before January 27, 2014. Change investors, or otherwise in furtherance of For the Commission, by the Division of the purposes of the Act. If the In its filing with the Commission, the Trading and Markets, pursuant to delegated Exchange included statements Commission takes such action, the authority.15 Commission shall institute proceedings concerning the purpose of and basis for Elizabeth M. Murphy, the proposed rule change and discussed to determine whether the proposed rule Secretary. should be approved or disapproved. any comments it received on the [FR Doc. 2013–31520 Filed 1–3–14; 8:45 am] proposed rule change. The text of these IV. Solicitation of Comments BILLING CODE 8011–01–P statements may be examined at the Interested persons are invited to places specified in Item IV below. The submit written data, views, and Exchange has prepared summaries, set arguments concerning the foregoing, SECURITIES AND EXCHANGE forth in sections A, B, and C below, of including whether the proposed rule COMMISSION the most significant aspects of such statements. change is consistent with the Act. [Release No. 34–71202; File No. SR–MIAX– Comments may be submitted by any of 2013–61] A. Self-Regulatory Organization’s the following methods: Statement of the Purpose of, and Electronic Comments Self-Regulatory Organizations; Miami Statutory Basis for, the Proposed Rule International Securities Exchange LLC; • Change Use the Commission’s Internet Notice of Filing and Immediate comment form (http://www.sec.gov/ Effectiveness of Proposed Rule 1. Purpose rules/sro.shtml ); or • Change To Expand the Short Term The Exchange is proposing to amend Send an email to rule-comments@ Option Series Program sec.gov. Please include File Number SR– Interpretation and Policy .02 to Rule 404 MIAX–2013–60 on the subject line. December 30, 2013. consistent with a recently approved Pursuant to Section 19(b)(1) of the filing by NASDAQ OMX PHLX, LLC Paper Comments (‘‘PHLX’’).4 In particular, the Exchange • Securities Exchange Act of 1934 Send paper comments in triplicate (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 proposes to expand the STOS Program to Elizabeth M. Murphy, Secretary, notice is hereby given that, on December so that the Exchange may: Change the Securities and Exchange Commission, 23, 2013, Miami International Securities current thirty option class limitation to 100 F Street NE., Washington, DC Exchange LLC (‘‘MIAX’’ or ‘‘Exchange’’) fifty option classes on which STOS may 20549–1090. filed with the Securities and Exchange be opened; match the parameters for All submissions should refer to File Commission (‘‘Commission’’) a opening initial and additional STOS Number SR–MIAX–2013–60. This file proposed rule change as described in strikes to what is permissible per the number should be included on the Items I and II below, which Items have Options Listing Procedures Plan 5 subject line if email is used. To help the been prepared by the Exchange. The (‘‘OLPP’’); open up to thirty initial Commission process and review your Commission is publishing this notice to comments more efficiently, please use solicit comments on the proposed rule 4 See Securities Exchange Act Release No. 71004 only one method. The Commission will change from interested persons. (December 6, 2013), 78 FR 75437 (December 11, post all comments on the Commission’s 2013) (SR–PHLX–2013–101). I. Self-Regulatory Organization’s 5 The full name of the OLPP (which is applicable Internet Web site (http://www.sec.gov/ to all option exchanges) is Plan For The Purpose of rules/sro.shtml ). Copies of the Statement of the Terms of Substance of Developing and Implementing Procedures Designed submission, all subsequent the Proposed Rule Change to Facilitate the Listing and Trading of amendments, all written statements Standardized Options Submitted Pursuant to The Exchange is filing a proposal to Section 11A(a)(3)(B) of the Securities Exchange Act with respect to the proposed rule amend Rule 404 (Series of Options of 1934. With regard to the listing of new series on change that are filed with the Open for Trading) to expand the Short equity, ETF, or trust issued receipt (‘‘TIRs’’) option Commission, and all written Term Option Series Program (‘‘STOS classes, subsection 3.(g)(i) of the OLPP states, in communications relating to the 3 relevant part, that the exercise price of each option Program’’). series listed by an exchange that chooses to list a proposed rule change between the The text of the proposed rule change series of options (known as the Series Selecting Commission and any person, other than is available on the Exchange’s Web site Exchange) shall be fixed at a price per share which those that may be withheld from the at http://www.miaxoptions.com/filter/ is reasonably close to the price of the underlying public in accordance with the _ equity security, ETF, or TIR at or about the time the wotitle/rule filing, at MIAX’s principal Series Selecting Exchange determines to list such provisions of 5 U.S.C. 552, will be office, and at the Commission’s Public series. Except as provided in subparagraphs (ii) available for Web site viewing and Reference Room. through (iv) of the OLPP, if the price of the printing in the Commission’s Public underlying security is less than or equal to $20, the Series Selecting Exchange shall not list new option Reference Room, 100 F Street NE., 15 17 CFR 200.30–3(a)(12). series with an exercise price more than 100% above Washington, DC 20549, on official 1 15 U.S.C. 78s(b)(1). or below the price of the underlying security. If the business days between the hours of 2 17 CFR 240.19b–4. price of the underlying security is greater than $20, 10:00 a.m. and 3:00 p.m. Copies of the 3 STOS, also known as ‘‘weekly options’’ as well the Series Selecting Exchange shall not list new filing also will be available for as ‘‘Short Term Options’’, are series in an options option series with an exercise price more than 50% class that are approved for listing and trading on the above or below the price of the underlying security. inspection and copying at the principal Exchange in which the series are opened for trading Subsection 3.(g)(i) of the OLPP indicates that an office of the Exchange. All comments on any Thursday or Friday that is a business day option series price has to be reasonably close to the received will be posted without change; and that expire on the Friday of the next business price of the underlying security and must not the Commission does not edit personal week. If a Thursday or Friday is not a business day, exceed a maximum of 50% or 100%, depending on the series may be opened (or shall expire) on the the price, from the underlying. The Exchange’s identifying information from first business day immediately prior to that proposal, while conforming to the current structure submissions. You should submit only Thursday or Friday, respectively. For STOS of the Exchange’s STOS Rules, is similar in information that you wish to make Program Rules see Rule 404 and 404.02. practical effect to the noted OLPP subsection.

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series for each expiration date in an the Exchange proposes in Interpretation Third, the Exchange proposes STOS class; add a STOS strike price and Policy .02(a) to Rule 404 that the additional changes to Interpretation and interval of $2.50 or greater where the Exchange may select up to fifty Policy .02(d) to indicate that if the strike price is above $150; and in currently listed option classes on which Exchange has opened less than thirty general harmonize the different parts of STOS may be opened. The Exchange series for an STOS expiration date, the the STOS Program (e.g., initial listings also proposes in Interpretation and Exchange may also open additional and additional series). Policy .02(c) to Rule 404 that for each strike prices of STOS that are more than The STOS Program is codified in option class eligible for participation in 50% above or below the current price of Interpretation and Policy .02 to Rule the STOS Program, the Exchange may the underlying security if the price is 404. These rules currently provide that open up to thirty initial series for each greater than $20, provided that after an option class has been approved expiration date in that STOS class. demonstrated customer interest exists for listing and trading on the Exchange, Currently MIAX rules permit the for such series,10 as expressed by the Exchange may open for trading on Exchange to list up to twenty initial institutional, corporate or individual any Thursday or Friday that is a series, and up to ten additional series, customers or their brokers. This is done business day series of options on no for each option class that participates in to further conform the additional strike more than thirty option classes that the STOS program.8 While the MIAX price methodology to the proposed expire on each of the next five may currently list thirty STOS series listing parameters described above, consecutive Fridays that are business total, the Exchange is proposing to while retaining demonstrated interest days. In addition to the thirty-option increase the number of initial series that language that may be useful in class limitation, there is also a it may list in order to remain unforeseen circumstances. Furthermore, limitation that no more than twenty competitive with other exchanges. The Rule 404A(b)(1) currently states that if initial series for each expiration date in Exchange will continue to be limited to the price of the underlying security is those classes may be opened for trading; a total of thirty STOS, including both greater than $20, the Exchange shall not provided, however, that the Exchange initial and additional series, and is list new option series with an exercise may open up to 10 additional series proposing amendments to Interpretation price more than 50% above or below the when the Exchange deems it necessary and Policy .02(d) to Rule 404 to reflect price of the underlying security. to maintain an orderly market, to meet the fact that the Exchange may only Immediately before this language, the customer demand or when the market open additional series if it has opened Exchange proposes to also add a carve- price of the underlying security moves fewer than thirty initial series. The out that states: ‘‘Except as provided in substantially from the exercise price or Exchange believes that this proposed Interpretation and Policy .02(d) to Rule 6 prices of the series already opened. moderate increase in the number of 404* * *’’ Furthermore, the strike price of each STOS classes and initial STOS series is Fourth, the Exchange proposes to STOS has to be fixed with needed and advisable in light of the simplify the delisting language in approximately the same number of demonstrated acceptance and Interpretation and Policy .02(d) to Rule strike prices being opened above and popularity of the STOS Program among 404, by removing the current range below the value of the underlying market participants, as discussed below. methodology that states, in part, that the security at about the time that the STOS Second, the Exchange proposes Exchange will delist certain series ‘‘so are initially opened for trading on the changes to Interpretation and Policy as to list series that are at least 10% but Exchange, and with strike prices being .02(c) and (d) to Rule 404 to indicate not more than 30% above or below the within thirty percent (30%) above or current price of the underlying that any initial or additional strike below the closing price of the security.’’ 11 In the event that the prices listed by the Exchange shall be underlying security from the preceding underlying security has moved such reasonably close to the price of the day. In terms of the strike price that there are no series that are at least underlying equity security and within intervals, the STOS Program currently 10% above or below the current price of the following parameters: (i) If the price allows the interval between strike prices the underlying security, the Exchange of the underlying security is less than or on STOS to be (i) $0.50 or greater where will continue to delist any series with equal to $20, strike prices shall be not the strike price is less than $75, and $1 no open interest in both the call and the or greater where the strike price is more than one hundred percent (100%) above or below the price of the between $75 and $150 for all classes 10 Market Makers trading for their own account that participate in the STOS Program; or underlying security; and (ii) if the price are not considered when determining customer (ii) $0.50 for option classes that trade in of the underlying security is greater than interest. 11 Currently, the delisting language states: ‘‘In the one dollar increments, i.e., in the $20, strike prices shall be not more than fifty percent (50%) above or below the event that the underlying security has moved such Related non-STOS,7 and are in the that there are no series that are at least 10% above 9 STOS Program. This proposal retains price of the underlying security. This or below the current price of the underlying many of the fundamental limitations of proposal is in line with the process for security, the Exchange will delist any series with adding new series of options found in no open interest in both the call and the put series the STOS Program while proposing having a: (i) Strike higher than the highest strike specific changes as described below. subsection 3.(g)(i) of the OLPP, and price with open interest in the put and/or call series harmonizes the STOS Program for a given expiration month; and (ii) strike lower The Proposal internally by adopting consistent than the lowest strike price with open interest in parameters for opening STOS and the put and/or the call series for a given expiration First, the Exchange proposes to month, so as to list series that are at least 10% but increase the number of STOS classes listing additional strike prices. The not more than 30% above or below the current price that may be opened after an option class Exchange believes that this proposal is of the underlying security. In the event that the has been approved for listing and a reasonable and desirable enhancement underlying security has moved such that there are to the STOS Program. no series that are at least 10% above or below the trading on the Exchange. Specifically, current price of the underlying security and all existing series have open interest, the Exchange 6 See Exchange Rule 404.02(c) and (d). 8 See Interpretation and Policy .02(c) and (d) to may list additional series, in excess of the 30 7 Related non-STOS are non-STOS that have Rule 404. allowed under Interpretations and Policies .02(a), similar options with longer expiration cycles (e.g., 9 The price of the underlying security will be that are between 10% and 30% above or below the monthly Apple (AAPL) options would be Related calculated commensurate with Rule 404A(b)(1) as price of the underlying security.’’ Interpretation and non-STOS to weekly AAPL options). amended. Policy .02(d) to Rule 404.

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put series having a: (i) Strike higher in the STOS Program. This has furthers the objectives of Section than the highest price with open interest negatively impacted investors and 6(b)(5) 18 of the Act in particular, in that in the put and/or call series for a given traders, particularly retail investors, it is designed to prevent fraudulent and expiration week; and (ii) strike lower who have continued to request that the manipulative acts and practices, to than the lowest strike price with open Exchange add, or not remove, STOS promote just and equitable principles of interest in the put and/or the call series classes, or have requested that the trade, to foster cooperation and for a given expiration week.12 Exchange expand the STOS Program so coordination with persons engaged in Fifth, the Exchange proposes to add that additional STOS classes and series facilitating transactions in securities, to $2.50 strike price intervals to the STOS could be opened that would allow the remove impediments to and perfect the Program. Specifically, the Exchange market participants to execute trading mechanisms of a free and open market proposes in Interpretation and Policy and hedging strategies. There are, as and a national market system and, in .02(e) to Rule 404 to indicate that the discussed, substantial benefits to market general, to protect investors and the interval between strike prices on STOS participants having the ability to trade public interest. may be $2.50 or greater where the strike eligible option classes within the STOS Specifically, the Exchange believes price is above $150. This proposed Program. Furthermore, the Exchange that expanding the classes and change complements the current STOS supports the objective of responding to additional series that can be opened in strike price intervals of $0.50 or greater customer need to enhance successful the STOS Program, simplifying the where the strike price is less than $75 programs to make them more efficient delisting process, and allowing $2.50 (or for STOS classes that trade in one for hedging and trading purposes. The strike price intervals will result in a dollar increments in the Related non- Exchange notes that the STOS Program continuing benefit to investors by giving STOS), and $1 or greater where the has been well-received by market them more flexibility to closely tailor strike price is between $75 and $150. participants, in particular by retail their investment and hedging decisions The proposed $2.50 strike price interval investors. The Exchange believes that in greater number of securities. In addresses the issue that above a $150 weekly expiration options will continue addition, correcting the delisting strike price STO strike price intervals to grow in importance for all market language, which currently refers to must generally be an exceedingly wide participants, including institutional and ‘‘expiration months’’ instead of weeks $5 or greater.13 retail investors.16 The proposed will clarify the Exchange’s Rules and The principal reason for the proposed revisions to the STOS Program will reduce investor confusion. expansion is market demand for permit the Exchange to meet customer additional STOS classes and series and demand for weekly expiration options The STOS Program has been well- a desire to make the STOS Program by providing a reasonable expansion to received by market participants, and in more effective. There is continuing the program, and will further allow the particular by retail investors, and has strong customer demand for having the Exchange to harmonize STOS Program seen increasing trading volume. The ability to execute hedging and trading Rules with the OLPP as well as Exchange believes that the current strategies via STOS, particularly in the internally. proposed revisions to the STOS Program current fast and volatile multi-faceted With regard to the impact of this will permit the Exchange to meet trading and investing environment that proposal on system capacity, the customer demand for weekly expiration extends across numerous markets and Exchange has analyzed its capacity and options by providing a reasonable platforms,14 and includes market represents that it and the Options Price expansion to the program, and will moving events such as significant Reporting Authority (‘‘OPRA’’) have the further allow the Exchange to market volatility, corporate events, or necessary systems capacity to handle harmonize STOS Program rules with the large market, sector, or individual issue any potential additional traffic OLPP as well as internally to the benefit price swings. The options industry has associated with this current amendment of investors, market participants, and been requested by traders and other to the STOS Program. The Exchange the marketplace. market participants to expand the STOS believes that its members will not have With regard to the impact of this Program to allow additional STOS a capacity issue as a result of this proposal on system capacity, the offerings and increased efficiency.15 proposal. The Exchange represents that Exchange believes that it and OPRA In order that the Exchange not exceed it will monitor the trading volume have the necessary systems capacity to the current thirty option class and associated with the additional STOS handle any potential additional traffic twenty initial option series restriction, classes and series listed as a result of associated with this current amendment the Exchange has on occasion had to this proposal and the effect (if any) of to the STOS Program. The Exchange turn away STOS customers (traders and these additional STOS classes and series believes that its members will not have investors) because it could not list, or on market fragmentation and on the a capacity issue as a result of this had to delist, STOS or could not open capacity of the Exchange’s automated proposal. As explained above, this adequate STOS because of restrictions systems. proposal will afford significant benefits to market participants, and the market 12 2. Statutory Basis The Exchange notes that the delisting language in general, in terms of significantly in Interpretation and Policy .02(d) to Rule 404 The Exchange believes that its incorrectly refers to expiration months rather than greater flexibility and increases in weeks. With this filing the Exchange also proposes proposed rule change is consistent with efficient trading and hedging options. It 17 to clarify that the exchange will delist series for Section 6(b) of the Act in general, and will also allow the Exchange to compete given expiration weeks in accordance with the on equal footing with STOS Programs criteria discussed in this rule. 16 The current STOS Program, which is similar 13 See, e.g., Exchange Rule 404(d). across all options markets that have weeklies adopted by other options exchanges, 14 These include, without limitation, options, programs, is in its current formulation one of the and in particular PHLX, which has equities, futures, derivatives, indexes, ETFs, more challenging industrywide listings program to recently been granted approval to adopt exchange traded notes, currencies, and over the administer. Recognizing the importance of the substantially similar rules to those counter instruments. Program, the Exchange is seeking to improve the proposed here. 15 See Securities Exchange Act Release No. 71004 Program for non-index STOS by making it more (December 6, 2013), 78 FR 75437 (December 11, uniform and logical. 2013) (SR–PHLX–2013–101). 17 15 U.S.C. 78f(b). 18 15 U.S.C. 78f(b)(5).

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B. Self-Regulatory Organization’s classes and strike price intervals in the change that are filed with the Statement on Burden on Competition same manner as other exchanges. For Commission, and all written The Exchange does not believe that these reasons, the Commission believes communications relating to the the proposed rule change will impose that the proposed rule change presents proposed rule change between the any burden on competition not no novel issues and that waiver of the Commission and any person, other than necessary or appropriate in furtherance 30-day operative delay is consistent those that may be withheld from the of the purposes of the Act. To the with the protection of investors and the public in accordance with the contrary, the Exchange believes the public interest and will allow the provisions of 5 U.S.C. 552, will be proposal is pro-competitive. The Exchange to remain competitive with available for Web site viewing and proposed rule change is a competitive other exchanges. Therefore, the printing in the Commission’s Public response to a recently approved filing Commission designates the proposed Reference Room, 100 F Street NE., by the PHLX,19 which the Exchange rule change to be operative upon 22 Washington, DC 20549, on official believes is necessary to permit fair filing. At any time within 60 days of the business days between the hours of competition among the options 10:00 a.m. and 3:00 p.m. Copies of the exchanges with respect to STOS filing of the proposed rule change, the Commission summarily may filing also will be available for Programs. The Exchange believes that inspection and copying at the principal the proposed rule change will result in temporarily suspend such rule change if it appears to the Commission that such office of the Exchange. All comments additional investment options and received will be posted without change; opportunities to achieve the investment action is necessary or appropriate in the public interest, for the protection of the Commission does not edit personal objectives of market participants seeking identifying information from efficient trading and hedging vehicles, investors, or otherwise in furtherance of submissions. You should submit only to the benefit of investors, market the purposes of the Act. If the information that you wish to make participants, and the marketplace in Commission takes such action, the general. Commission shall institute proceedings available publicly. All submissions to determine whether the proposed rule should refer to File Number SR–MIAX– C. Self-Regulatory Organization’s should be approved or disapproved. 2013–61 and should be submitted on or Statement on Comments on the before January 27, 2014. Proposed Rule Change Received From IV. Solicitation of Comments Members, Participants, or Others Interested persons are invited to For the Commission, by the Division of submit written data, views, and Trading and Markets, pursuant to delegated Written comments were neither authority.23 solicited nor received. arguments concerning the foregoing, including whether the proposed rule Elizabeth M. Murphy, III. Date of Effectiveness of the change is consistent with the Act. Secretary. Proposed Rule Change and Timing for Comments may be submitted by any of [FR Doc. 2013–31519 Filed 1–3–14; 8:45 am] Commission Action the following methods: BILLING CODE 8011–01–P Because the proposed rule change Electronic Comments does not (i) significantly affect the • protection of investors or the public Use the Commission’s Internet SECURITIES AND EXCHANGE interest; (ii) impose any significant comment form (http://www.sec.gov/ COMMISSION burden on competition; and (iii) become rules/sro.shtml); or • Send an email to rule- operative for 30 days from the date on [email protected]. Please include File [Release No. 34–71199; File No. SR– which it was filed, or such shorter time NASDAQ–2013–159] as the Commission may designate, the Number SR–MIAX–2013–61 on the subject line. proposed rule change has become Self-Regulatory Organizations; The effective pursuant to Section 19(b)(3)(A) Paper Comments NASDAQ Stock Market LLC; Notice of of the Act 20 and Rule 19b–4(f)(6) • Filing and Immediate Effectiveness of 21 Send paper comments in triplicate thereunder. to Elizabeth M. Murphy, Secretary, Proposed Rule Change To Modify the The Exchange has asked the Securities and Exchange Commission, Extranet Access Fee Commission to waive the 30-day 100 F Street NE., Washington, DC operative delay so that the proposal may 20549–1090. December 30, 2013. become operative immediately upon filing. The Exchange stated that the All submissions should refer to File Pursuant to Section 19(b)(1) of the proposal will promote fair competition Number SR–MIAX–2013–61. This file Securities Exchange Act of 1934 1 2 among exchanges by allowing it to offer number should be included on the (‘‘Act’’), and Rule 19b–4 thereunder, a more efficient STOS Program that is subject line if email is used. To help the notice is hereby given that on December harmonized internally and externally Commission process and review your 18, 2013, The NASDAQ Stock Market with the OLPP and to meet customer comments more efficiently, please use LLC (‘‘NASDAQ’’ or ‘‘Exchange’’) filed demand for a greater number of STOS only one method. The Commission will with the Securities and Exchange post all comments on the Commission’s Commission (‘‘Commission’’) the 19 See Securities Exchange Act Release No. 71004 Internet Web site (http://www.sec.gov/ proposed rule change as described in (December 6, 2013), 78 FR 75437 (December 11, rules/sro.shtml). Copies of the Items I, II, and III below, which Items 2013) (SR–PHLX–2013–101). submission, all subsequent have been prepared by NASDAQ. The 20 15 U.S.C. 78s(b)(3)(A). amendments, all written statements 21 17 CFR 240.19b–4(f)(6). As required under Rule Commission is publishing this notice to 19b–4(f)(6)(iii), the Exchange provided the with respect to the proposed rule solicit comments on the proposed rule Commission with written notice of its intent to file change from interested persons. the proposed rule change, along with a brief 22 For purposes only of waiving the 30-day description and the text of the proposed rule operative delay, the Commission has also change, at least five business days prior to the date considered the proposed rule’s impact on 23 17 CFR 200.30–3(a)(12). of filing of the proposed rule change, or such efficiency, competition, and capital formation. See 1 15 U.S.C. 78s(b)(1). shorter time as designated by the Commission. 15 U.S.C. 78c(f). 2 17 CFR 240.19b–4.

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I. Self-Regulatory Organization’s A. Self-Regulatory Organization’s caused an increased administrative Statement of the Terms of the Substance Statement of the Purpose of, and burden and higher operational costs of the Proposed Rule Change Statutory Basis for, the Proposed Rule associated with delivery via extranets. Change Additionally, Rule 7025 will be NASDAQ proposes to modify the clarified by stating that no extranet extranet access fee (‘‘Extranet Access 1. Purpose access fee will be charged for Fee’’) set forth in NASDAQ Rule 7025, NASDAQ is proposing a change to connectivity to market data feeds as well as to clarify its applicability. modify the Extranet Access Fee as set containing only consolidated data.6 This NASDAQ will implement the proposed forth in NASDAQ Rule 7025, as well as clarification should serve to reduce any revised fee on January 2, 2014. to clarify its applicability. NASDAQ confusion as to the applicability of this Rule 7025 currently provides that for fee. The text of the proposed rule change extranet providers that establish a is below. Proposed new language is 2. Statutory Basis connection with NASDAQ to offer italicized; proposed deletions are NASDAQ believes that the proposed 3 direct access connectivity to market data bracketed. feeds they will be assessed a monthly rule change is consistent with Section * * * * * access fee of $750 per recipient 6(b) of the Act,7 in general, and with Section 6(b)(4) of the Act,8 in particular, 7025. Extranet Access Fee Customer Premises Equipment (‘‘CPE’’) Configuration.4 in that it provides for the equitable Extranet providers that establish a Specifically, NASDAQ proposes to allocation of reasonable dues, fees and other charges among members and connection with Nasdaq to offer direct increase this Extranet Access Fee from $750 per month to $1,000 per month. issuers and other persons using any access connectivity to market data feeds facility or system which the Exchange shall be assessed a monthly access fee This increase represents the first price change since its introduction in 2004.5 operates or controls. of $1,000[750] per recipient Customer All similarly situated extranet Premises Equipment (‘‘CPE’’) This fee increase will be used to help support NASDAQ’s costs associated providers, including the Exchange Configuration. If an extranet provider with maintaining multiple extranet operating its own extranet, that establish uses multiple CPE Configurations to connections with multiple providers. an extranet connection with NASDAQ provide market data feeds to any These costs include those associated to access market data feeds from recipient, the monthly fee shall apply to with overhead and technology NASDAQ are subject to the same fee each such CPE Configuration. For infrastructure, administrative, structure. The increased fee will help purposes of this Rule 7025, the term maintenance and operational costs. NASDAQ offset some of the rising ‘‘Customer Premises Equipment Since the inception of this fee there overhead and technology infrastructure, Configuration’’ shall mean any line, have been numerous network administrative, maintenance and circuit, router package, or other infrastructure improvements and operational costs it incurs in support of technical configuration used by an administrative controls enacted. The the service. If such costs are covered, the service may provide NASDAQ with extranet provider to provide a direct Exchange has additionally implemented a profit. As such, the Exchange believes access connection to Nasdaq market compressed TCP/IP options, which that the proposed fee increase is data feeds to a recipient’s site. No allows [sic] customers reduced reasonable and notes that this increase extranet access fee will be charged for bandwidth and lower carrying costs. represents the first price change since connectivity to market data feeds Additionally, the Exchange has its introduction in 2004. The extranet implemented automated retransmission containing only consolidated data. For costs are separate and different from the facilities for most of its data clients that purposes of this rule, consolidated data colocation facility that is able to recoup benefit extranet clients by reducing includes data disseminated by the UTP these fees by charging for servers within operational costs associated with SIP. the associated data centers. retransmissions. * * * * * Additionally, Rule 7025 will be As the number of extranets has clarified by stating that no extranet II. Self-Regulatory Organization’s increased, the management of the access fee will be charged for Statement of the Purpose of, and downstream customers has expanded connectivity to market data feeds Statutory Basis for, the Proposed Rule and the Exchange has had to ensure containing only consolidated data. This Change appropriate reporting and review clarification should serve to reduce any processes, which has resulted in a confusion as to the applicability of this In its filing with the Commission, greater cost burden on the Exchange fee. NASDAQ included statements over time. The increased fee will also concerning the purpose of and basis for help to ensure that the Exchange is B. Self-Regulatory Organization’s the proposed rule change and discussed better able to closely review reports and Statement on Burden on Competition any comments it received on the uncover reporting errors via audits thus NASDAQ does not believe that the proposed rule change. The text of these minimizing reporting issues. The proposed rule change will result in any statements may be examined at the network infrastructure has increased in burden on competition that is not places specified in Item IV below. order to keep pace with the increased necessary or appropriate in furtherance NASDAQ has prepared summaries, set number of products, which, in turn, has of the purposes of the Act, as amended. forth in Sections A, B, and C below, of The fees are applied uniformly among 4 the most significant aspects of such As defined in NASDAQ Rule 7025, a ‘‘Customer extranet providers, which are not Premises Equipment Configuration’’ means any compelled to establish a connection statements. line, circuit, router package, or other technical configuration used by an extranet provider to provide a direct access connection to NASDAQ 6 For purposes of Rule 7025, ‘‘consolidated data’’ market data feeds to a recipient’s site. is defined to include data disseminated by the UTP 3 Changes are marked to the rules of The 5 See Securities Exchange Act Release No. 50483 SIP. NASDAQ Stock Market LLC found at http:// (October 1, 2004), 69 FR 60448 (October 8, 2004) 7 15 U.S.C. 78f. NASDAQomx.cchwallstreet.com/. (SR–NASD–2004–118). 8 15 U.S.C. 78f(b)(4).

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with NASDAQ to offer access Commission process and review your proposed rule change described in Items connectivity to market data feeds. For comments more efficiently, please use I, II and III below, which Items have these reasons, any burden arising from only one method. The Commission will been prepared primarily by CME. CME the fees is necessary in the interest of post all comments on the Commission’s filed the proposal pursuant to Section promoting the equitable allocation of a Internet Web site (http://www.sec.gov/ 19(b)(3)(A) of the Act,3 and Rules 19b– reasonable fee. Additionally, firms make rules/sro.shtml). Copies of the 4(f)(2) and 19b–4(f)(4)(ii) 4 thereunder so decisions on how much and what types submission, all subsequent that the proposal was effective upon of data to consume on the basis of the amendments, all written statements filing with the Commission. The total cost of interacting with NASDAQ with respect to the proposed rule Commission is publishing this notice to or other exchanges and, of course, the change that are filed with the solicit comments on the proposed rule extranet access fee is but one factor in Commission, and all written change from interested persons. a total platform analysis. communications relating to the proposed rule change between the I. Self-Regulatory Organization’s C. Self-Regulatory Organization’s Commission and any person, other than Statement of the Terms of Substance of Statement on Comments on the those that may be withheld from the the Proposed Rule Change Proposed Rule Change Received From public in accordance with the Members, Participants, or Others CME proposes to extend the terms of provisions of 5 U.S.C. 552, will be a current OTC FX fee waiver program. Written comments were neither available for Web site viewing and The text of the proposed rule change is solicited nor received. printing in the Commission’s Public below. Italicized text indicates Reference Room, 100 F Street NE., III. Date of Effectiveness of the additions; bracketed text indicates Washington, DC 20549 on official Proposed Rule Change and Timing for deletions. business days between the hours of Commission Action 10:00 a.m. and 3:00 p.m. Copies of such * * * * * The foregoing rule change has become filing also will be available for CME OTC FX Fee Waiver Program effective pursuant to Section inspection and copying at the principal 19(b)(3)(A)(ii) of the Act.9 At any time offices of the Exchange. All comments Program Purpose within 60 days of the filing of the received will be posted without change; The purpose of this Program is to proposed rule change, the Commission the Commission does not edit personal incentivize market participants to submit summarily may temporarily suspend identifying information from transaction in the OTC FX products listed such rule change if it appears to the submissions. You should submit only below to the Clearing House for clearing. The Commission that such action is information that you wish to make resulting increase in volume benefits all necessary or appropriate in the public available publicly. All submissions participant segments in the market. interest, for the protection of investors, should refer to File Number SR– Product Scope or otherwise in furtherance of the NASDAQ–2013–159, and should be The following cleared only OTC FX purposes of the Act. If the Commission submitted on or before January 27, 2014. products (‘‘Products’’): takes such action, the Commission shall For the Commission, by the Division of 1. CME Cleared OTC FX—Emerging institute proceedings to determine Trading and Markets, pursuant to delegated Markets whether the proposed rule should be authority.10 a. USDBRL, USDCLP, USDCNY, USDCOP, approved or disapproved. Elizabeth M. Murphy, USDIDR, USDINR, USDKRW, USDMYR, USDPEN, USDPHP, USDRUB, USDTWD IV. Solicitation of Comments Secretary. Non-Deliverable Forwards. [FR Doc. 2013–31516 Filed 1–3–14; 8:45 am] Interested persons are invited to b. USDCZK, USDHUF, USDHKD, USDILS, submit written data, views, and BILLING CODE 8011–01–P USDMXN, USDPLN, USDSGD, USDTHB, USDTRY, USDZAR Cash-Settled Forwards. arguments concerning the foregoing, 2. CME Cleared OTC FX—Majors including whether the proposed rule SECURITIES AND EXCHANGE a. AUDJPY, AUDUSD, CADJPY, EURAUD, change is consistent with the Act. COMMISSION EURCHF, EURGBP, EURJPY, EURUSD, Comments may be submitted by any of GBPUSD, NZDUSD, USDCAD, USDCHF, the following methods: [Release No. 34–71201; File No. SR–CME– USDDKK, USDJPY, USDNOK, USDSEK Cash- 2013–35] Settled Forwards. Electronic Comments Eligible Participants • Use the Commission’s Internet Self-Regulatory Organizations; The temporary reduction in fees will be comment form (http://www.sec.gov/ Chicago Mercantile Exchange Inc.; Notice of Filing and Immediate open to all market participants and will rules/sro.shtml); or • Effectiveness of Proposed Rule automatically be applied to any transaction Send an email to rule-comments@ in the Products submitted to the Clearing sec.gov. Please include File Number SR– Change Regarding Modifications to Its OTC FX Fee Schedule House for clearing. NASDAQ–2013–159 on the subject line. Program Term December 30, 2013. Paper Comments Start date is February 1, 2012. End date is • Pursuant to Section 19(b)(1) of the [December 31, 2013] June 30, 2014. Send paper comments in triplicate Securities Exchange Act of 1934 (‘‘Act’’ to Elizabeth M. Murphy, Secretary, or ‘‘Exchange Act’’),1 and Rule 19b–4 Hours Securities and Exchange Commission, thereunder,2 notice is hereby given that The Program will be applicable regardless 100 F Street NE., Washington, DC on December 23, 2013, Chicago of the transaction time. 20549–1090. Mercantile Exchange Inc. (‘‘CME’’) filed Program Incentives All submissions should refer to File with the Securities and Exchange Fee Waivers. All market participants that Number SR–NASDAQ–2013–159. This Commission (‘‘Commission’’) the submit transactions in the Products to the file number should be included on the subject line if email is used. To help the 10 17 CFR 200.30–3(a)(12). 3 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1). 4 17 CFR 240.19b–4(f)(2) and 17 CFR 240.19b– 9 15 U.S.C. 78s(b)(3)(a)(ii). 2 17 CFR 240.19b–4. 4(f)(4)(ii).

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Clearing House will have their clearing fees Act.5 More specifically, the proposed products that are not securities, waived. rule changes establish or change a including futures that are not security * * * * * member due, fee or other charge futures, and swaps that are not security- imposed by CME under Section based swaps or mixed swaps; and II. Self-Regulatory Organization’s 19(b)(3)(A)(ii) 6 of the Securities (b) does not significantly affect any Statement of the Purpose of, and Exchange Act of 1934 and Rule 19b– securities clearing operations of CME or Statutory Basis for, the Proposed Rule 4(f)(2) 7 thereunder. CME believes that any rights or obligations of CME with Change the proposed fee change is consistent respect to securities clearing or persons In its filing with the Commission, with the requirements of the Securities using such securities-clearing service. CME included statements concerning Exchange Act of 1934 and the rules and As such, the changes are also the purpose and basis for the proposed regulations thereunder and, in consistent with the requirements of rule change and discussed any particular, to 17A(b)(3)(D),8 because the Section 17A of the Exchange Act 11 and comments it received on the proposed proposed fee changes apply equally to are properly filed under Section rule change. The text of these statements all market participants clearing covered 19(b)(3)(A) 12 and Rule 19b–4(f)(4)(ii) 13 may be examined at the places specified products and therefore the proposed thereunder. in Item IV below. CME has prepared changes provide for the equitable B. Self-Regulatory Organization’s summaries, set forth in sections A, B, allocation of reasonable dues, fees and Statement on Burden on Competition and C below, of the most significant other charges among participants. CME aspects of such statements. also notes that it operates in a highly CME does not believe that the competitive market in which market proposed rule change will have any A. Self-Regulatory Organization’s participants can readily direct business impact, or impose any burden, on Statement of the Purpose of, and to competing venues. competition. The rule changes simply Statutory Basis for, the Proposed Rule Furthermore, the proposed changes extend a current CME OTC FX fee Change are limited in their effect to swaps waiver and as such do not affect the CME is registered as a derivatives products offered under CME’s authority security-based swap clearing activities clearing organization with the to act as a derivatives clearing of CME in any way and therefore do not Commodity Futures Trading organization. These products are under impose any burden on competition that Commission and currently offers the exclusive jurisdiction of the CFTC.9 is inappropriate in furtherance of the clearing services for many different As such, the proposed CME changes are purposes of the Act. futures and swaps products. With this limited to CME’s activities as a C. Self-Regulatory Organization’s filing, CME proposes to modify the fees derivatives clearing organization Statement on Comments on the that apply to certain OTC FX cleared- clearing swaps that are not security- Proposed Rule Change Received From only products cleared at CME. More based swaps. CME believes the Members, Participants, or Others specifically, the proposed changes proposed changes will promote CME has not solicited, and does not would extend the existing CME fee increased centralized clearing of swaps intend to solicit, comments regarding waiver program supporting OTC FX products and should therefore be seen this proposed rule change. CME has not products through June 30, 2014. The fee to be designed to promote the prompt received any unsolicited written waiver program applies to all market and accurate clearance and settlement of comments from interested parties. participants and the fee waivers securities transactions and, to the extent automatically apply to any transaction applicable, derivatives agreements, III. Date of Effectiveness of the in the covered products submitted to contracts, and transactions, to assure the Proposed Rule Change and Timing for CME for clearing. The current program safeguarding of securities and funds Commission Action which are in the custody or control of by its terms is set to expire on December The foregoing rule change has become 31, 2013. All other terms of the fee the clearing agency or for which it is responsible, and, in general, to protect effective upon filing pursuant to Section waiver program would remain 14 investors and the public interest 19(b)(3)(A) of the Act and paragraphs unchanged. Although the changes 15 consistent with Section 17A(b)(3)(F) of (f)(2) and (f)(4)(ii) of Rule 19b–4 would become effective on filing, CME 10 thereunder. At any time within 60 days plans to operationalize the proposed fee the Exchange Act. Because the proposed changes are of the filing of the proposed rule change, changes on January 2, 2014. limited in their effect to swaps products the Commission summarily may The changes that are described in this offered under CME’s authority to act as temporarily suspend such rule change if filing impact fees for OTC FX products; a derivatives clearing organization, the it appears to the Commission that such these proposed fee changes are therefore proposed changes are also properly action is necessary or appropriate in the limited to CME’s business as a classified as effecting a change in an public interest, for the protection of derivatives clearing organization existing service of CME that: investors, or otherwise in furtherance of clearing products under the exclusive (a) Primarily affects the clearing the purposes of the Act.16 jurisdiction of the Commodity Futures operations of CME with respect to Trading Commission (‘‘CFTC’’) and do IV. Solicitation of Comments not materially impact CME’s security- 5 15 U.S.C. 78q–1. Interested persons are invited to based swap clearing business in any 6 15 U.S.C. 78s(b)(3)(A)(ii). submit written data, views and way. CME notes that it has already 7 17 CFR 240.19b–4(f)(2). arguments concerning the foregoing, submitted the proposed rule changes 8 15 U.S.C. 78q–1(b)(3)(D). including whether the proposed rule that are the subject of this filing to its 9 CME notes that the policies of the CFTC with respect to administering the Commodity Exchange 11 15 U.S.C. 78q–1. primary regulator, the CFTC, in CME Act are comparable to a number of the policies 12 Submission 13–455R. underlying the Exchange Act, such as promoting 15 U.S.C. 78s(b)(3)(A). CME believes the proposed rule market transparency for over-the-counter 13 17 CFR 240.19b–4(f)(4)(ii). 14 changes are consistent with the derivatives markets, promoting the prompt and 15 U.S.C. 78s(b)(3)(A). accurate clearance of transactions and protecting 15 17 CFR 240.19b–4(f)(2) and 17 CFR 240.19b– requirements of the Exchange Act investors and the public interest. 4(f)(4)(ii). including Section 17A of the Exchange 10 15 U.S.C. 78q–1(b)(3)(F). 16 15 U.S.C. 78s(b)(3)(C).

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change is consistent with the Act. For the Commission, by the Division of A. Self-Regulatory Organization’s Comments may be submitted by any of Trading and Markets, pursuant to delegated Statement of the Purpose of, and 17 the following methods: authority. Statutory Basis for, the Proposed Rule Elizabeth M. Murphy, Change Electronic Comments Secretary. (i) Purpose • Use the Commission’s Internet [FR Doc. 2013–31518 Filed 1–3–14; 8:45 am] comment form (http://www.sec.gov/ BILLING CODE 8011–01–P Pursuant to the proposed rule change rules/sro.shtml), or DTC will revise certain Underwriting • Send an email to rule- SECURITIES AND EXCHANGE service fees as more fully described [email protected]. Please include File COMMISSION below. Under the proposal, in order to No. SR–CME–2013–35 on the subject align costs of processing to the [Release No. 34–71206; File No. SR–DTC– associated revenue, DTC will replace line. 2013–12] Underwriting service fees which are Paper Comments Self-Regulatory Organizations; The currently applied with respect to eligibility processing for equity, • Send paper comments in triplicate Depository Trust Company; Notice of corporate bond and municipal bond to Elizabeth M. Murphy, Secretary, Filing and Immediate Effectiveness of Proposed Rule Change To Revise the transactions (in tiered amounts Securities and Exchange Commission, Fee Schedule of the Depository Trust depending upon the complexity of an 100 F Street NE., Washington, DC Company With Respect to Its issue) with new fees specific to the 20549–1090. Underwriting Service respective asset classes. Pursuant to the All submissions should refer to File proposal DTC will charge Participants a December 30, 2013. Number SR–CME–2013–35. This file Pursuant to Section 19(b)(1) of the fixed Underwriting fee for eligibility number should be included on the Securities Exchange Act of 1934 processing for municipal issues with subject line if email is used. To help the (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 one CUSIP, and a separate greater fixed Commission process and review your notice is hereby given that on December fee for issues with more than one comments more efficiently, please use 23, 2013, the Depository Trust Company CUSIP. Underwriting fees for equities only one method. The Commission will (‘‘DTC’’) filed with the Securities and and corporate issues will migrate to a post all comments on the Commission’s Exchange Commission (‘‘Commission’’) fee per CUSIP structure with an initial Internet Web site (http://www.sec.gov/ the proposed rule change as described fixed fee for the first CUSIP and an rules/sro.shtml). Copies of the in Items I, II and III below, which Items incremental fee for each additional submission, all subsequent have been prepared by DTC. DTC filed CUSIP. Also in order to align processing amendments, all written statements the proposed rule change pursuant to costs with associated revenues, the with respect to the proposed rule Section 19(b)(3)(A)(ii) 3 of the Act and current fixed Underwriting fee for change that are filed with the Rule 19b–4(f)(2) 4 thereunder; the processing of eligibility requests by Commission, and all written proposed rule change was effective Participants for certificates of deposit communications relating to the upon filing with the Commission. The will be lowered. In addition, DTC proposed rule change between the Commission is publishing this notice to proposes to implement a separate fee to Commission and any person, other than solicit comments on the proposed rule be charged to Participants for processing those that may be withheld from the change from interested persons. of book-entry only (BEO) certificates public in accordance with the I. Self-Regulatory Organization’s deposited at DTC. This will allow DTC provisions of 5 U.S.C. 552, will be Statement of the Terms of Substance of to recover costs associated with available for Web site viewing and the Proposed Rule Change processing BEO certificates (as opposed printing in the Commission’s Public The proposed rule change is to to ‘‘FAST’’ issues where the security Reference Room, 100 F Street NE., modify DTC’s Rules and Procedures, as remains on the books of the transfer Washington, DC 20549, on official described below. agent and DTC does not incur the cost business days between the hours or of processing certificates issued in the II. Self-Regulatory Organization’s 10:00 a.m. and 3:00 p.m. Copies of such name of DTC’s nominee, Cede & Co.). Statement of the Purpose of, and filing also will be available for Statutory Basis for, the Proposed Rule inspection and copying at the principal Proposed Rule Changes Change office of CME and on CME’s Web site at The revised fees are set forth in the In its filing with the Commission, http://www.cmegroup.com/market- tables below: regulation/rule-filings.html. DTC included statements concerning the purpose of and basis for the All comments received will be posted proposed rule change and discussed any DELETED FEES without change; the Commission does comments it received on the proposed not edit personal identifying rule change. The text of these statements Fee description Fee amount information from submissions. You may be examined at the places specified should submit only information that Basic (Single CUSIP) $350 per Issue. in Item IV below. DTC has prepared Eligibility Fee. you wish to make available publicly. All summaries, set forth in sections A, B Basic (Multi CUSIP) $500 per Issue. submissions should refer to File and C below, of the most significant Eligibility Fee. Number SR–CME–2013–35 and should aspects of such statements. Complex Eligibility $750 per Issue. be submitted on or before January 27, Fee. 2014. 17 17 CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 3 15 U.S.C. 78s(b)(3)(A)(ii). 4 17 CFR 240.19b–4(f)(2).

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NEW FEES NEW FEES—Continued NEW FEES—Continued

Fee description Fee amount Fee description Fee amount Fee description Fee amount

Equity Eligibility Fee .. $750 per Issue w/1 Municipal Debt Eligi- $350 per Issue w/1 BEO Certificate (Non- $50 per CUSIP; up to CUSIP PLUS. bility Fee. CUSIP; FAST) Processing a maximum charge $250 Each Additional $800 per Issue w/ Fee. of $500 per Issue. CUSIP. more than 1 Corporate Debt Eligi- $350 per Issue w/1 CUSIP. bility Fee. CUSIP PLUS. $250 Each Additional CUSIP.

FEE CHANGE

Fee description Current fee amount Proposed fee amount

Certificate of Deposit Eligibility Fee ...... $275 per CUSIP ...... $175 per CUSIP.

The fee changes set forth above will III. Date of Effectiveness of the Internet Web site (http://www.sec.gov/ be incorporated into DTC’s fee schedule Proposed Rule Change and Timing for rules/sro.shtml). Copies of the which is available at www.dtcc.com. Commission Action submission, all subsequent Implementation Timeframe The foregoing rule change will amendments, all written statements become effective on January 1, 2014, with respect to the proposed rule The proposed fee changes will take pursuant to Section 19(b)(3)(A) 6 of the change that are filed with the effect on January 1, 2014. Act and paragraph (f)(2) of Rule 19b–4 7 Commission, and all written (ii) Statutory Basis thereunder. At any time within 60 days communications relating to the of the filing of the proposed rule change, The proposed rule change will align proposed rule change between the the Commission summarily may DTC’s Underwriting fees with the costs Commission and any person, other than temporarily suspend such rule change if of delivering applicable services, and those that may be withheld from the it appears to the Commission that such the charges will apply equally in public in accordance with the action is necessary or appropriate in the accordance with Participants’ use of provisions of 5 U.S.C. 552, will be public interest, for the protection of DTC services. Therefore, DTC believes available for Web site viewing and investors, or otherwise in furtherance of the proposed rule change is consistent printing in the Commission’s Public the purposes of the Act. with the requirements of the Securities Reference Room, 100 F Street NE., Exchange Act of 1934, as amended IV. Solicitation of Comments Washington, DC 20549 on official (‘‘Act’’) and the rules and regulations Interested persons are invited to business days between the hours of thereunder applicable to DTC, in submit written data, views and 10:00 a.m. and 3:00 p.m. Copies of such particular Section 17A(b)(3)(D) of the arguments concerning the foregoing, filings will also be available for Act,5 which requires that DTC’s Rules including whether the proposed rule inspection and copying at the principal provide for the equitable allocation of change is consistent with the Act. office of DTC. reasonable dues, fees, and other charges Comments may be submitted by any of All comments received will be posted among its Participants. the following methods: without change; the Commission does B. Self-Regulatory Organization’s Electronic Comments not edit personal identifying Statement on Burden on Competition • Use the Commission’s Internet information from submissions. You DTC does not believe that the comment form (http://www.sec.gov/ should submit only information that proposed rule change will have any rules/sro.shtml); or you wish to make available publicly. All impact, or impose any burden, on • Send an email to rule-comments@ submissions should refer to File No. competition. As stated above, the sec.gov. Please include File No. SR– SR–DTC–2013–12 and should be proposed changes will align DTC’s fees DTC–2013–12 on the subject line. submitted on or before January 27, 2014. with the costs of delivering services to Paper Comments For the Commission, by the Division of its Participants, and the revised fee • Trading and Markets, pursuant to delegated schedule will apply equally to all DTC Send in triplicate to Elizabeth M. authority.8 Murphy, Secretary, Securities and Participants in accordance with their Elizabeth M. Murphy, use of DTC’s Underwriting service. Exchange Commission, 100 F Street NE., Washington, DC 20549–1090. Secretary. C. Self-Regulatory Organization’s All submissions should refer to File No. [FR Doc. 2013–31521 Filed 1–3–14; 8:45 am] Statement on Comments on the SR–DTC–2013–12. This file number BILLING CODE 8011–01–P Proposed Rule Change Received From should be included on the subject line Members, Participants, or Others if email is used. To help the Written comments relating to the Commission process and review your proposed rule change have not yet been comments more efficiently, please use solicited or received. DTC will notify only one method. The Commission will the Commission of any written post all comments on the Commission’s comments received by DTC. 6 15 U.S.C. 78s(b)(3)(A). 5 15 U.S.C. 78q–1(b)(3)(D). 7 17 CFR 240.19b–4(f)(2) 8 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE Items I, II and III below, which Items 7015. Access Services COMMISSION have been prepared by the Exchange. The following charges are assessed by The Commission is publishing this [Release No. 34–71198; File No. SR– Nasdaq for connectivity to systems NASDAQ–2013–161] notice to solicit comments on the operated by NASDAQ, including the proposed rule change from interested Nasdaq Market Center, the FINRA/ Self-Regulatory Organizations; The persons. NASDAQ Trade Reporting Facility, and NASDAQ Stock Market LLC; Notice of I. Self-Regulatory Organization’s FINRA’s OTCBB Service. The following Filing and Immediate Effectiveness of fees are not applicable to the NASDAQ Proposed Rule Change To Amend Statement of the Terms of the Substance of the Proposed Rule Change Options Market LLC. For related options Fees Assessed for Connectivity to the fees for Access Services refer to Chapter Exchange Under Rule 7015, and To NASDAQ proposes to amend fees XV, Section 3 of the Options Rules. Eliminate Fees Assessed Under Rules assessed for connectivity to the (a) No change. 7033 and 7059 Exchange under Rule 7015, and to (b) Financial Information Exchange December 30, 2013. eliminate fees assessed under Rules (FIX) 7033 and 7059. NASDAQ is also making Pursuant to Section 19(b)(1) of the Ports Price Securities Exchange Act of 1934 two minor technical changes to Rule (‘‘Act’’),1 and Rule 19b–4 thereunder,2 7015(g). NASDAQ will implement the FIX Trading Port ...... $550 [500]/port/ notice is hereby given that on December fee change effective January 2, 2014. month. 20, 2013, The NASDAQ Stock Market The text of the proposed rule change FIX Port for Services $500/port/month. LLC (‘‘NASDAQ’’ or the ‘‘Exchange’’) is below. Proposed new language is Other than Trading. filed with the Securities and Exchange italicized; deletions are in brackets. Commission (‘‘Commission’’) a (c) No change. * * * * * proposed rule change as described in (d) New Nasdaq Workstation

Nasdaq Workstation Trader ...... $575 [475] per user per month (including: data entitlement package; the Trade Reporting File Upload service, which allows subscribing members to upload multiple trade reports in batches to Automated Confirmation Transaction Serv- ice (‘‘ACT’’); and the ACT Reject Scan service, which provides a list of all of a member’s rejected ACT trade entries and a copy of each rejected trade report form submitted to ACT). Nasdaq Workstation Post Trade ...... See Rule 7015(e).

(e) Specialized Services Related to FINRA/NASDAQ Trade Reporting Facility

CTCI fee ...... $575/month WebLink ACT or Nasdaq Workstation ...... $525 [425.00]/month (full functionality) or Post Trade ...... $275 [225.00]/month (up to an average of twenty transactions per day each month) (For the purposes of this service only, a transaction is defined as an original trade entry, either on trade date or as-of transactions per month.) A subscription includes: the Trade Reporting File Upload service, which allows subscribing members to upload multiple trade reports in batches to ACT; and the ACT Reject Scan service, which provides a list of all of a member’s re- jected ACT trade entries and a copy of each rejected trade report form sub- mitted to ACT. ACT Workstation ...... $525/logon/month.

(f) No change. (g) Other Port Fees

REMOTE MULTI-CAST ITCH WAVE PORTS

Recurring Description Installation fee monthly fee

MITCH Wave Port at Secaucus, NJ ...... $2,500 $7,500 MITCH Wave Port at Weehawken, NJ ...... 2,500 7,500 MITCH Wave Port at Newark, NJ ...... 2,500 7,500

The following port fees shall apply in feed pairs, for which the fee is $1,000 data feed pairs, for which the fee is $750 connection with the use of other trading per month for software-based per month. telecommunication protocols: TotalView-ITCH or $2,500 per month • An additional $200 per month for • $550[500] per month for each port for combined software- and hardware- each port used for entering orders or pair, other than Multicast ITCH® data based TotalView-ITCH, and TCP ITCH quotes over the Internet.

1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4.

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• An additional $600 per month for statements may be examined at the notes that it last increased fees for each port used for market data delivery places specified in Item IV below. The subscription to the Workstation in over the Internet. Exchange has prepared summaries, set August 2006,3 raising the fee from $435 forth in sections A, B, and C below, of to $475 per user, per month, and last Dedicated OUCH Port Infrastructure the most significant parts of such increased fees for subscription to The Dedicated OUCH Port statements. Weblink ACT in January 2012,4 raising Infrastructure subscription will not be the fee from $375 to $425 per user, per implemented until the first quarter of A. Self-Regulatory Organization’s month for full functionality and $200 to 2014. The Exchange will provide public Statement of the Purpose of, and $225 per user, per month for a notice thereof at least five days prior to Statutory Basis for, the Proposed Rule transaction-limited subscription. the implementation date. Change NASDAQ is also amending fees under The Dedicated OUCH Port 1. Purpose Rules 7015(b) and (g), which relate to trading port connectivity. Specifically, Infrastructure subscription allows a The purpose of the proposed rule NASDAQ is proposing to increase the member firm to assign up to 30 of its change is to amend certain fees under fee assessed under Rule 7015(b) for OUCH ports to a dedicated server Rule 7015 relating to Access Services Financial Information Exchange (‘‘FIX’’) infrastructure for its exclusive use. A and eliminate stand-alone fees assessed Dedicated OUCH Port Infrastructure trading ports. FIX trading ports allow for services provided under Rules 7033 member firms to enter, modify and subscription is available to a member and 7059, which have been offered as firm for a fee of $5,000 per month, cancel orders in the NASDAQ System add-on services to a Nasdaq Workstation and receive Drop reports of executions. which is in addition to the standard fees (‘‘Workstation’’) or Weblink ACT assessed for each OUCH port. A one- NASDAQ is proposing to increase the (‘‘Weblink’’) subscription but now will fee assessed for a FIX trading port from time installation fee of $5,000 is be included in all Workstation and assessed subscribers for each Dedicated $500 to $550 per port, per month. Weblink subscriptions. NASDAQ is also proposing to increase OUCH Port Server subscription. The Exchange is proposing to amend [NASDAQ is waiving the $5,000 the fee assessed for trading port pairs Rules 7015(d) and (e) to increase fees under Rule 7015(g), other than Multicast installation fee for all subscriptions assessed for subscription to the received through August 15, 2013.] ITCH, TotalView-ITCH, and TCP ITCH Workstation and Weblink to reflect the port pairs.5 Currently, the Exchange (h) No change. addition of the Trade Reporting File * * * * * assesses a fee of $500 per month, per Upload and ACT Reject Scan services, port pair and NASDAQ is proposing to 7033. Reserved[Trade Reporting File which are currently offered as add-on increase the fee to $550 per month, per Upload services to a Workstation or Weblink port pair. NASDAQ notes that it last subscription and will now be offered The Trade Reporting File Upload increased both of the trading port fees with every such subscription. The Trade under Rules 7015(b) and (g) in August service allows subscribing members to Reporting File Upload service allows a upload multiple trade reports in batches 2009, raising the fees from $400 to $500 member to upload multiple trade 6 to the Automated Confirmation per port (or port pair), per month. reports in batches to the Automated The Exchange is also proposing to Transaction (ACT) service via the Confirmation Transaction (‘‘ACT’’) Nasdaq Workstation or WeblinkACT make a technical correction to the service via a Workstation or Weblink. trading port rule text under Rule 7015(g) 2.0. The ACT Reject Scan service provides a The Trade Reporting File Upload and to delete text from Rule 7015(g), subscriber with a list of all of its rejected which relates to a time-limited waiver of service is available to members for a fee ACT trade entries and a copy of each of $25 per user, per month.] the Dedicated OUCH Port Infrastructure rejected trade report form submitted to installation fees that has since expired. * * * * * ACT. Currently, the Exchange assesses a fee 2. Statutory Basis 7059. Reserved[ACT Reject Scan of $25 per user, per month for NASDAQ believes that the proposed ACT Reject Scan service provides a subscription to the Trade Reporting File rule change is consistent with the subscribing member with a list of all of Upload service under Rule 7033, and a provisions of Section 6 of the Act,7 in its rejected Automated Confirmation fee of $75 per user, per month for general, and Section 6(b)(4) of the Act,8 Transaction Service (ACT) trade entries subscription to the ACT Reject Scan in particular, because it provides for the and a copy of each rejected trade report service under Rule 7059. NASDAQ is equitable allocation of reasonable dues, form submitted to ACT. proposing to increase the fee for fees and other charges among members ACT Reject Scan service is available subscription to the Workstation under and issuers and other persons using any to members at no cost beginning Rule 7015(d) from $475 to $575 per facility or system that NASDAQ October 1, 2012 and for a fee of $75 per user, per month, and increase the fee for operates or controls, and it does not user, per month beginning November 1, subscription to Weblink from $425 to unfairly discriminate between 2012.] $525 per user, per month for full * * * * * functionality and from $225 to $275 per 3 See Securities Exchange Act Release No. 54500 user, per month for a transaction-limited (September 25, 2006), 71 FR 58026 (October 2, II. Self-Regulatory Organization’s subscription. As a consequence of 2006) (SR–NASDAQ–2006–025). Statement of the Purpose of, and 4 See Securities Exchange Act Release No. 66288 including Trade Reporting File Upload (February 1, 2012), 77 FR 6164 (February 7, 2012) Statutory Basis for, the Proposed Rule and ACT Reject Scan services with Change (SR–NASDAQ–2012–017). every Workstation and Weblink 5 The $500 port pair fee under Rule 7015(g) In its filing with the Commission, subscription, NASDAQ is eliminating provides subscription to an OUCH, RASH, or Drop NASDAQ included statements the separate rule text describing these port pair. 6 See Securities Exchange Act Release No. 60546 concerning the purpose of, and basis for, services found under Rule 7033 and (August 20, 2009), 74 FR 43184 (August 26, 2009) the proposed rule change and discussed 7059, respectively, and including the (SR–NASDAQ–2009–058). any comments it received on the descriptive text from those rules under 7 15 U.S.C. 78f. proposed rule change. The text of those Rules 7015(d) and (e). The Exchange 8 15 U.S.C. 78f(b)(4).

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customers, issuers, brokers or dealers. customer requests, configuring of the Act,11 and paragraph (f) 12 of Rule The proposed increases to the NASDAQ’s systems, programming to 19b–4, thereunder. Workstation and Weblink fees are user specifications, and administering At any time within 60 days of the reasonable because they reflect the the service, among other things, and filing of the proposed rule change, the added value that subscribing members may provide NASDAQ with a profit. Commission summarily may receive from the inclusion of the Trade Moreover, NASDAQ believes that the temporarily suspend such rule change if Reporting File Upload and ACT Reject proposed changes to Rules 7015(b) and it appears to the Commission that such Scan services in every subscription. (g) constitute equitable allocations of action is necessary or appropriate in the NASDAQ notes that the combined value fees because, under each individual public interest, for the protection of of the two services under the current rule, all member firms would be charged investors, or otherwise in furtherance of rule is $100 per user, per month and the same fee and receive the same the purposes of the Act. NASDAQ is proposing to increase the number of access ports. As such, IV. Solicitation of Comments fees for the Workstation and unlimited NASDAQ believes that the proposed Weblink subscription by an equal increase in port fees under Rules Interested persons are invited to amount. NASDAQ believes the lower 7015(b) and (g) are both equitably submit written data, views, and increase in the transaction-limited allocated and reasonable. arguments concerning the foregoing, Weblink fee of $50 per user, per month including whether the proposed rule is reasonable and not unfairly B. Self-Regulatory Organization’s change is consistent with the Act. discriminatory because those Statement on Burden on Competition Comments may be submitted by any of subscribers will likewise have limited NASDAQ does not believe that the the following methods: use of the Trade Reporting File Upload proposed rule change will result in any Electronic Comments and ACT Reject Scan services. NASDAQ burden on competition that is not • Use the Commission’s Internet notes that an existing subscriber to the necessary or appropriate in furtherance comment form (http://www.sec.gov/ Workstation or unrestricted Weblink of the purposes of the Act, as amended. that also subscribes to the Trade rules/sro.shtml); or The increased Workstation and Weblink • Send an email to rule-comments@ Reporting File Upload and ACT Reject fees are reflective of the addition of the Scan add on services will see no sec.gov. Please include File Number SR– Trade Reporting File Upload and ACT NASDAQ–2013–161 on the subject line. increase in the fees assessed for the Reject Scan services and the benefit services received, and subscribers to the member firms receive from these Paper Comments transaction-limited Weblink service that enhancements. As noted, the proposed • Send paper comments in triplicate also subscribe to the Trade Reporting increase in fees for subscription to to Elizabeth M. Murphy, Secretary, File Upload and ACT Reject Scan trading ports will realign the cost of Securities and Exchange Commission, services will see a decrease in the total administering and enhancing the service 100 F Street NE., Washington, DC fees assessed for the add-on services. In with the revenue generated by the fees, contrast, current subscribers to the 20549–1090. which have diverged since the fees were All submissions should refer to File Workstation or Weblink that subscribe last increased in August 2009.10 The to no add-on services or a single add-on Number SR–NASDAQ–2013–161. This Exchange must, from time to time, file number should be included on the service will experience a fee increase. increase fees as general costs associated NASDAQ believes that it is reasonable subject line if email is used. To help the with offering services increase. The Commission process and review your and not unfairly discriminatory to burden of covering these increased costs increase fees for such subscribers to the comments more efficiently, please use is most appropriately born by the users only one method. The Commission will Workstation and Weblink because the of the service. NASDAQ notes that, if subscribers are receiving additional post all comments on the Commission’s the proposed port fees are set too high, services valued in the amount of the fee Internet Web site (http://www.sec.gov/ given the competitive nature of the increase and, consequently will derive rules/sro.shtml). Copies of the market for execution and routing benefit from the addition of the submission, all subsequent services, market participants could enhancements. NASDAQ notes that amendments, all written statements simply opt to connect with market Workstation and Weblink subscribers with respect to the proposed rule centers other than the Exchange to that determine that the enhancements change that are filed with the access liquidity available on NASDAQ do not provide benefit to support the Commission, and all written by directing order flow to the other additional cost of the subscriptions may communications relating to the market centers that are required to route alternatively subscribe to third party proposed rule change between the front end systems or develop front end to NASDAQ if it has posted the best Commission and any person, other than applications of their own. available price. those that may be withheld from the NASDAQ believes that the proposal to C. Self-Regulatory Organization’s public in accordance with the increase fees for trading ports under Statement on Comments on the provisions of 5 U.S.C. 552, will be Rules 7015(b) and (g) is reasonable [sic] Proposed Rule Change Received From available for Web site viewing and not unfairly discriminatory because the Members, Participants, or Others printing in the Commission’s Public fee increases will realign the cost of Reference Room, 100 F Street NE., administering and enhancing the Written comments were neither Washington, DC 20549 on official connectivity options offered by the solicited nor received. business days between the hours of services with the revenue generated by III. Date of Effectiveness of the 10:00 a.m. and 3:00 p.m. Copies of such the fee, which have diverged since the Proposed Rule Change and Timing for filing also will be available for fees were last increased in August Commission Action inspection and copying at the principal 2009.9 In particular, NASDAQ believes offices of the Exchange. All comments that the proposed fees will cover the The foregoing change has become received will be posted without change; costs associated with responding to effective pursuant to Section 19(b)(3)(A) 11 15 U.S.C. 78s(b)(3)(A). 9 Supra note 6. 10 Id. 12 17 CFR 240.19b–4(f).

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the Commission does not edit personal Illinois 60018. Telephone number: (847) DEPARTMENT OF TRANSPORTATION identifying information from 294–7494. submissions. You should submit only Federal Aviation Administration SUPPLEMENTARY INFORMATION: information that you wish to make The Final available publicly. All submissions EA evaluated the construction and Notice of Passenger Facility Charge should refer to File Number SR– operation of a replacement ATRAM on (PFC) Approvals and Disapprovals South Franklin Mountain, in Franklin NASDAQ–2013–161, and should be AGENCY: Federal Aviation submitted on or before January 27, 2014. Mountains State Park, El Paso, Texas. The new ATRAM would replace the 58- Administration (FAA), DOT. For the Commission, by the Division of year old existing ATRAM, which is ACTION: Monthly Notice of PFC Trading and Markets, pursuant to delegated Approvals and Disapprovals. In October authority.13 beyond its operational service life and for which general maintenance and 2013, there were four applications Elizabeth M. Murphy, approved. This notice also includes Secretary. upkeep have become impractical and cost-intensive. The existing ATRAM has information on two applications, one [FR Doc. 2013–31515 Filed 1–3–14; 8:45 am] reached the point where replacement approved in January 2012 and the other BILLING CODE 8011–01–P parts cannot be found and has many approved in September 2013, operational deficiencies and areas of inadvertently left off the January 2012 concern. The replacement ATRAM, and September 2013 notices, DEPARTMENT OF TRANSPORTATION which would be constructed parallel to respectively. Additionally, 12 approved amendments to previously approved Federal Aviation Administration the existing ATRAM on South Franklin Mountain, would comply with industry applications are listed. Notice of Availability of a Final standards for tramways. SUMMARY: The FAA publishes a monthly Environmental Assessment (Final EA) The new ATRAM system would notice, as appropriate, of PFC approvals and a Finding of No Significant Impact consist of a lower terminal, three and disapprovals under the provisions (FONSI)/Record of Decision (ROD) for intermediate towers, and an upper of the Aviation Safety and Capacity the Proposed Construction and terminal. The new lower terminal Expansion Act of 1990 (Title IX of the Operation of a Replacement Aerial facility would be located approximately Omnibus Budget Reconciliation Act of Tramway, South Franklin Mountain, El 1,000 feet downhill from the existing 1990) (Pub. L. 101–508) and Part 158 of Paso, Texas location and the three intermediate the Federal Aviation Regulations (14 AGENCY: Federal Aviation towers would be located in the general CFR Part 158). This notice is published Administration (FAA), DOT. vicinity of the existing intermediate pursuant to paragraph d of § 158.29. ACTION: Notice of Availability of a Final tower location. A new upper terminal PFC Applications Approved Environmental Assessment (Final EA) would be located atop South Franklin and a Finding of No Significant Impact Mountain south of the current upper Public Agency: City of Burlington, (FONSI)/Record of Decision (ROD) for terminal. The new ATRAM would have Vermont. the Proposed Construction and an enclosed cabin which would Application Number: 11–05–C–00– Operation of a Replacement Aerial accommodate and transport a minimum BTV. Tramway, South Franklin Mountain, El of four people and have a total load Application Type: Impose and use a PFC. Paso, Texas. carrying capacity of 2,000 pounds. PFC Level: $4.50. SUMMARY: The Federal Aviation After the new ATRAM system is fully Total PFC Revenue Approved in This Administration (FAA) is issuing this operational, the FAA would Decision: $5,240,755. notice to advise the public that the FAA decommission, demolish, remove the Earliest Charge Effective Date: April 1, has prepared, and approved on existing ATRAM system, and restore the 2014. November 6, 2013, a Finding of No lower terminal and intermediate parcels Estimated Charge Expiration Date: Significant Impact (FONSI)/Record of prior to transfer of the parcels to the February 1, 2016. Decision (ROD) based on the Final Texas Parks and Wildlife Department. Class of Air Carriers Not Required to Environmental Assessment (Final EA) The Final EA has been prepared in Collect PFC’s: On-demand air taxi for the Proposed Construction and accordance with the National commercial operators. Operation of a Replacement Aerial Environmental Policy Act (NEPA) of Determination: Approved. Based on Tramway (ATRAM), South Franklin 1969, as amended, and FAA Order information contained in the public Mountain, El Paso, Texas. The FAA 1050.1E, ‘‘Environmental Impacts: agency’s application, the FAA has prepared the Final EA in accordance Policies and Procedures.’’ In addition, determined that the approved class with the National Environmental Policy FAA Order 5050.4B, ‘‘National accounts for less than 1 percent of the Act and the FAA’s regulations and Environmental Policy Act (NEPA) total annual enplanements at Burlington guidelines for environmental documents Implementing Instructions for Airport International Airport. and the Final EA was signed on Actions’’ has been used as guidance in Brief Description of Projects Approved September 30, 2013. Copies of the Final the preparation of the environmental for Collection and Use: EA and/or FONSI/ROD are available by analysis. Snow removal equipment purchase. contacting Ms. Virginia Marcks through Rehabilitate a portion of the cargo the contact information provided below. Issued in Des Plaines, Illinois, on apron. December 27, 2013. FOR FURTHER INFORMATION CONTACT: Ms. Terminal building renovation. Virginia Marcks, Manager, Infrastructure Virginia Marcks, Land acquisition for noise abatement. Engineering Center, Chicago, AJW– Manager, Infrastructure Engineering Center, Land acquisition for development. C15H, Federal Aviation Administration, Chicago, AJW–C15H, Federal Aviation Reconstruct, mark and light taxiway A 2300 East Devon Avenue, Des Plaines, Administration. north. [FR Doc. 2013–31543 Filed 1–3–14; 8:45 am] Storm water management plan. 13 17 CFR 200.30–3(a)(12). BILLING CODE 4910–13–P Security projects.

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Airport master plan and airport layout Public Agency: Metropolitan PFC administration costs. plan updates. Nashville Airport Authority, Nashville, Brief Description of Projects Approved Runway 15–33 pavement evaluation Tennessee. for Use: and rehabilitate study. Application Number: 13–19–C–00– Design/construct fuel farm expansion. North terminal and apron—phase 2 and BNA. Design/reconstruct taxiway P. glycol deicing system. Application Type: Impose and use a Noise study and noise compatibility PFC. Brief Description of Project Approved study. PFC Level: $4.50. for Collection: Taxiway lighting. Total PFC Revenue Approved in this West terminal expansion—phase IV. Reconstruct and mark runway 15/33. Decision: $4,430,000. Brief Description of Disapproved Extend runway 19 and taxiway A. Earliest Charge Effective Date: August Project: PFC application costs. 1, 2017. Conduct airport surveillance radar Reconstruct, mark and light a portion of Estimated Charge Expiration Date: relocation study. taxiway C. November 1, 2017. Determination: Disapproved. The Brief Description of Project Partially Class of Air Carriers Not Required to FAA determined that this study does Approved for Collection and Use: Collect PFC’s: Air taxi/commercial not meet the requirements of operators filing FAA Form 1800–31 and South end development projects. § 158.15(b)(2). operating at Nashville International Determination: Partially approved. Decision Date: October 11, 2013. One of the proposed components of this Airport (BNA). project was also requested under a Determination: Approved. Based on FOR FURTHER INFORMATION CONTACT: different project in this application. The information contained in the public Darlene Williams, Los Angeles Airports component, acquisition of the Roberts agency’s application, the FAA has District Office, (310) 725–3625. land, was approved under the project determined that the approved class Public Agency: City and County of titled ‘‘land acquisition for accounts for less than 1 percent of the San Francisco, San Francisco, development’’ above and is disallowed total annual enplanements at BNA. California. in this project. Brief Description of Project Approved Application Number: 11–05–C–00– Brief Description of Withdrawn for Collection and Use at a $4.50 PFC SFO. Project: Level: Application Type: Impose and use a Taxiway G extension and taxiway B Reconstruct runway 13/31 west. PFC. reconstruction. Brief Description of Projects Approved PFC Level: $4.50. Total PFC Revenue Approved in This Date of Withdrawal: January 20, 2012. for Collection and Use at a $3.00 PFC Decision: $610,451,805. Decision Date: January 31, 2012. Level: Earliest Charge Effective Date: January FOR FURTHER INFORMATION CONTACT: Improve storm water collection and 1, 2017. Priscilla Scott, New England Region treatment system. Estimated Charge Expiration Date: Airports Division, (781) 238–7614. Operations 14 CFR Part 139 online June 1, 2023. Public Agency: County of Campbell/ training and 49 CFR Part 1542. Class of Air Carriers not Required to Gillette-Campbell County Airport Board, Decision Date: October 3, 2013. Collect PFC’s: Nonscheduled/on- Gillette, Wyoming. FOR FURTHER INFORMATION CONTACT: demand air carriers filing FAA Form Application Number: 13–09–C–00– Cynthia Wills, Memphis Airports 1800–31 and operating at San Francisco GCC. District Office, (901) 322–8190. International Airport (SFO). Application Type: Impose and use a Public Agency: Phoenix—Mesa Determination: Approved. Based on PFC. Gateway Airport Authority, Mesa, information contained in the public PFC Level: $4.50. Arizona. agency’s application, the FAA has Total PFC Revenue Approved in This Application Number: 13–03–C–00– determined that the approved class Decision: $405,826. IWA. accounts for less than 1 percent of the Earliest Charge Effective Date: Application Type: Impose and Use a total annual enplanements at SFO. October 1, 2014. PFC. Brief Description of Projects Approved Estimated Charge Expiration Date: PFC Level: $4.50. for Collection and Use: December 1, 2017. Total PFC Revenue Approved in this Class of Air Carriers Not Required to Terminal 2 and boarding area D Decision: $23,927,638. renovations. Collect PFC’s: Air taxi/commercial Earliest Charge Effective Date: July 1, operators filing FAA Form 1800–31. 2017. Decision Date: October 11, 2013. Determination: Approved. Based on Estimated Charge Expiration Date: FOR FURTHER INFORMATION CONTACT: Neil information contained in the public January 1, 2023. Kumar, San Francisco Airports District agency’s application, the FAA has Class of Air Carriers not Required to Office, (650) 827–7627. determined that the approved class Collect PFC’s: None. Public Agency: Tulsa Airports accounts for less than 1 percent of the Brief Description of Projects Approved Improvement Trust, Tulsa, Oklahoma. total annual enplanements at Gillette- for Collection and Use: Application Number: 13–09–C–00– Campbell County Airport. Environmental assessment for the TUL. Brief Description of Projects Approved northeast terminal. Application Type: Impose and use a for Collection and Use: Benefit cost analysis for the northeast PFC. Acquire snow removal equipment. terminal development. PFC Level: $4.50. Realign airport access road. Construct taxilane L extension—phase Total PFC Revenue Approved in This PFC administration. II. Decision: $54,675,000. Decision Date: September 27, 2013. Construct Alpha apron expansion— Earliest Charge Effective Date: FOR FURTHER INFORMATION CONTACT: phase III. October 1, 2022. Jesse Lyman, Denver Airports District Construct paralle taxiway C extension— Estimated Charge Expiration Date: Office, (303) 342–1262. phase II. April 1, 2033.

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Class of Air Carriers Not Required to accounts for less than 1 percent of the Terminal building chillers. Collect PFC’s: Air taxi/commercial total annual enplanements at Tulsa PFC consulting services. operators filing FAA Form 1800–31. International Airport. Determination: Approved. Based on Decision Date: October 22, 2013. Brief Description of Projects Approved information contained in the public FOR FURTHER INFORMATION CONTACT: Don for Collection and Use: agency’s application, the FAA has Harris, Arkansas/Oklahoma Airports determined that the approved class Concourse A rehabilitation. Development Office, (817) 222–5634.

AMENDMENTS TO PFC APPROVALS

Original Amended Amendment Original Amended estimated estimated Amendment No., city, state approved date approved net approved net charge exp. charge exp. PFC revenue PFC revenue date date

06–07–C–01–HDN, Hayden, CO ...... 09/24/13 $2,199,678 $2,021,503 12/01/11 04/01/12 99–03–C–03–BOI, Boise, ID ...... 09/27/13 96,884,411 84,362,062 08/01/18 05/01/16 07–08–C–02–PHX, Phoenix, AZ ...... 09/30/13 187,649,602 179,036,442 08/01/10 08/01/10 01–01–C–01–OXR, Oxnard, CA ...... 09/30/13 872,000 631,115 03/01/11 03/01/11 07–03–C–02–CEC, Crescent City, CA ...... 09/30/13 301,745 283,357 07/01/13 07/01/13 07–03–C–01–RDD, Redding, CA ...... 09/30/13 809,295 670,755 09/01/11 09/01/11 08–04–C–01–STS, Santa Rosa, CA ...... 09/30/13 1,594,049 1,319,049 04/01/13 04/01/13 07–05–C–02–PIH, Pocatello, ID ...... 10/15/13 419,295 240,192 02/01/10 12/01/08 94–01–C–07–ISP, Ronkonkoma, NY ...... 10/16/13 22,382,626 22,305,857 07/01/04 07/01/04 96–02–C–02–ISP, Ronkonkoma, NY ...... 10/16/13 4,497,958 4,496,961 03/01/05 03/01/05 06–06–C–03–LBB, Lubbock, TX ...... 10/23/13 12,451,441 12,419,871 12/01/13 11/01/12 10–07–C–01–LBB, Lubbock, TX ...... 10/23/13 13,101,351 7,164,045 07/01/19 09/01/16

Issued in Washington, DC, on December PFC Applications Approved Decision Date: October 29, 2013. 30, 2013. Public Agency: Huntsville-Madison FOR FURTHER INFORMATION CONTACT: Joe Hebert, County Airport Authority, Huntsville, Luke Flowers, Jackson Airports District Manager, Financial Analysis and Passenger Alabama. Office, (601) 664–9898. Facility Charge Branch. Application Number: 13–19–C–00– Public Agency: County of Mohave, [FR Doc. 2013–31553 Filed 1–3–14; 8:45 am] HSV. Bullhead City, Arizona. BILLING CODE 4910–13–P Application Type: Impose and use a Application Number: 14–02–C–00– PFC. IFP. PFC Level: $4.50. Application Type: Impose and use a DEPARTMENT OF TRANSPORTATION Total PFC Revenue Approved in This PFC. Decision: $2,481,886. PFC Level: $2.00. Federal Aviation Administration Earliest Charge Effective Date: Total PFC Revenue Approved in This September 1, 2022. Decision: $1,477,531. Notice of Passenger Facility Charge Estimated Charge Expiration Date: Earliest Charge Effective Date: January (PFC) Approvals and Disapprovals October 1, 2023. 1, 2014. Classes of Air Carriers not Required to Estimated Charge Expiration Date: AGENCY: Federal Aviation Collect PFC’s: (1) Air taxi/commercial January 1, 2025. Classes of Air Carriers Not Required Administration (FAA), DOT. operators filing FAA Form 1800–31 and to Collect PFC’s: (1) Nonscheduled/on operating at Huntsville International ACTION: Monthly Notice of PFC demand air carriers filing FAA Form Airport (HSV); (2) certified air carriers Approvals and Disapprovals. In 1800–31; and (2) nonscheduled filing U.S. Department of Transportation commuters or small certificated air November 2013, there were four (DOT) Form T–100, operating at HSV, carriers filing DOT Form T–100. applications approved. This notice also and having fewer than 500 annual includes information on one Determination: Approved. Based on passenger enplanements; (3) certified information contained in the public application, approved in October 2013, route air carriers filing DOT Form T– inadvertently left off the October 2013 agency’s application, the FAA has 100, operating at HSV, and having fewer determined each of the approved classes notice. Additionally, seven approved than 500 annual passenger amendments to previously approved account for less than 1 percent of the enplanements; and (4) foreign air total annual enplanements at Laughlin/ applications are listed. carriers filing DOT Form T–100, Bullhead International Airport. operating at HSV, and having fewer than Brief Description of Projects Approved SUMMARY: The FAA publishes a monthly 500 annual passenger enplanements. for Collection and Use: Determination: Approved. Based on notice, as appropriate, of PFC approvals Improve terminal building, phases I, II, information contained in the public and disapprovals under the provisions and III. of the Aviation Safety and Capacity agency’s application, the FAA has Environmental assessment for runway Expansion Act of 1990 (Title IX of the determined each of the approved classes 16/34 extension. Omnibus Budget Reconciliation Act of account for less than 1 percent of the Conduct Part 150 noise compatibility 1990) (Pub. L. 101–508) and Part 158 of total annual enplanements at HSV. study. the Federal Aviation Regulations (14 Brief Description of Projects Approved Rehabilitate parallel taxiway A CFR Part 158). This notice is published for Collection and Use: pavement and lighting. pursuant to paragraph d of § 158.29. Wildlife hazard assessment. Environmental assessment for land Group VI airfield improvements. acquisition (300 acres).

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Extend runway 16/34 taxiway—design. Brief Description of Project Approved Emergency communications vehicle. Wildlife hazard assessment. for Collection and Use at a $4.50 PFC Master plan update. Extend runway 16/34 taxiway— Level: Rehabilitate taxiway E—construction construction. Airside 4 capacity improvements. phase. Rehabilitate existing rotating beacon. Brief Description of Project Approved Slurry seal runway 16/34 pavement. Rehabilitate ticket counters and Rehabilitate general aviation apron. for Collection and Use at a $3.00 PFC restrooms. Level: PFC administrative cost. Decision Date: November 8, 2013. Brief Description of Projects Approved Airside 4 central energy plant. FOR FURTHER INFORMATION CONTACT: for Collection: Decision Date: November 1, 2013. Susan Moore, Orlando Airports District Americans with Disabilities Act FOR FURTHER INFORMATION CONTACT: Office, (407) 812–6331. passenger ramp. Susan Moore, Orlando Airports District Air Traffic Control Tower Office, (407) 812–6331. Public Agency: City of Lubbock, communications equipment/radios. Public Agency: City of Gainesville, Texas. Land acquisition for terminal Florida. Application Number: 13–08–C–00– development (300 acres). Application Number: 14–03–C–00– LBB. Air Traffic Control Tower security GNV. Application Type: Impose and use a upgrades. Application Type: Impose and use a PFC. Brief Description of Disapproved PFC. PFC Level: $4.50. Projects: PFC Level: $4.50. Total PFC Revenue Approved in This Rehabilitate existing aircraft rescue and Total PFC Revenue Approved in This Decision: $6,859,912. firefighting vehicle. Decision: $1,250,942. Earliest Charge Effective Date: Determination: The FAA determined Earliest Charge Effective Date: January September 1, 2016. 1, 2014. that the proposed vehicle to be Estimated Charge Expiration Date: Estimated Charge Expiration Date: rehabilitated exceeded the airports March 1, 2020. August 1, 2016. current Part 139 index. Therefore, the Classes of Air Carriers Not Required vehicle does not meet the requirements Class of Air Carriers Not Required to Collect PFC’s: None. to Collect PFC’s: (1) Air taxi/commercial of § 158.15(b)(1). operators filing FAA Form 1800–31; (2) Safety management system study. Brief Description of Project Approved for Collection and Use: commuters and small certificated air Determination: The public agency did carriers filing DOT Form T–100 for Taxiway A lighting and vault. not submit sufficient required nonscheduled enplanements; and (3) Acquire 1,500 gallon aircraft rescue and information to permit the FAA to make large certificated route air carriers filing firefighting vehicle. an eligibility determination. DOT Form T–100 for nonscheduled Taxiway A–1 and B pavement and Decision Date: November 1, 2013. enplanements. FOR FURTHER INFORMATION CONTACT: lighting. Determination: Approved. Based on Darlene Williams, Los Angeles Airports Part 150 noise compatibility plan study. Wildlife hazard assessment study. information contained in the public District Office, (310) 725–3623. agency’s application, the FAA has Public Agency: Greater Orlando Rehabilitate commercial apron pavement. determined each of the approved classes Aviation Authority, Orlando, Florida. account for less than 1 percent of the Application Number: 13–16–C–00– Purchase runway sweeper. Security and wildlife perimeter fence total annual enplanements at Lubbock MCO. Preston Smith International Airport. Application Type: Impose and use a (phase 1). PFC. Rehabilitate taxiway C. Brief Description of Projects Approved PFC Level: $4.50. Rehabilitate south airfield electrical for Collection and Use: Total PFC Revenue Approved in This vault. Improve service road (relocate perimeter Decision: $232,500,000. Security and wildlife perimeter fence road). Earliest Charge Effective Date: June 1, (phase 2). Runway 17R/35L improvements. 2031. Rehabilitate apron high mast lighting. Estimated Charge Expiration Date: Rehabilitate on airport service roads. Decision Date: November 12, 2013. July 1, 2034. Rehabilitate taxiway E—design phase. FOR FURTHER INFORMATION CONTACT: Class of Air Carriers Not Required To Wildlife hazard management plan. Steven Cooks, Texas Airports Collect PFC’s: None. Aircraft rescue and firefighting radios. Development Office, (817) 222–5600.

AMENDMENT TO PFC APPROVALS

Original Amended Amendment Original Amended estimated estimated Amendment No., city, state approved date approved net approved net charge exp. charge exp. PFC revenue PFC revenue date date

07–11–C–03–COS, Colorado Springs, CO ...... 11/05/13 $2,243,400 $2,160,952 01/01/11 09/01/09 08–12–C–03–COS, Colorado Springs, CO ...... 11/05/13 2,880,883 2,159,501 02/01/11 10/01/10 08–13–C–02–COS, Colorado Springs, CO ...... 11/05/13 500,000 360,328 05/01/11 01/01/11 09–15–C–01–COS, Colorado Springs, CO ...... 11/06/13 848,562 822,519 05/01/11 05/01/11 09–16–C–01–COS, Colorado Springs, CO ...... 11/06/13 719,024 604,884 09/01/11 09/01/11 12–06–C–02–MAF, Midland, TX ...... 11/19/13 967,278 4,351,978 07/01/15 04/01/17 02–09–C–06–MCO, Orlando, FL ...... 11/20/13 165,358,198 130,796,988 10/01/12 04/01/12

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Issued in Washington, DC, on December F. Kennedy International Airport (JFK) a $4.50 PFC Level: JFK Terminal 3 site 30, 2013. at a $4.50 PFC Level: JFK Terminal 3 redevelopment and capacity Joe Hebert, site redevelopment and capacity improvements. Manager, Financial Analysis and Passenger improvements. Decision Date: July 5, 2013. Facility Charge Branch. Decision Date: July 5, 2013. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2013–31554 Filed 1–3–14; 8:45 am] FOR FURTHER INFORMATION CONTACT: Patricia Henn, Eastern Region Airports BILLING CODE 4910–13–P Patricia Henn, Eastern Region Airports Division, (718) 553–3357. Division, (718) 553–3357. Public Agency: Port Authority of New Public Agency: Port Authority of New York and New Jersey, New York, New DEPARTMENT OF TRANSPORTATION York and New Jersey, New York, New York. York. Federal Aviation Administration Application Number: 12–09–C–00– Application Number: 12–06–C–00– JFK. SWF. Notice of Passenger Facility Charge Application Type: Impose and use a Application Type: Impose and use a (PFC) Approvals and Disapprovals PFC. PFC. AGENCY: Federal Aviation PFC Level: $4.50. PFC Level: $4.50. Total PFC Revenue Approved in this Administration (FAA), DOT. Total PFC Revenue Approved in this Decision: $111,391,500. Decision: $1,268,500. ACTION: Monthly Notice of PFC Earliest Charge Effective Date: Approvals and Disapprovals. In August Earliest Charge Effective Date: September 1, 2017. February 1, 2018. 2013, there was one application Estimated Charge Expiration Date: Estimated Charge Expiration Date: approved. This notice also includes November 1, 2018. October 1, 2019. information on four applications, Class of Air Carriers not Required to approved in July 2013, inadvertently left Collect PFC’s: Non-scheduled/on- Class of Air Carriers Not Required to off the July 2013 notice. Additionally, demand air carriers operating at JFK. Collect PFC’s: Non-scheduled/on- 11 approved amendments to previously Determination: Approved. Based on demand air carriers operating at Stewart approved applications are listed. information contained in the public International Airport (SWF). agency’s application, the FAA has Determination: Approved. Based on SUMMARY: The FAA publishes a monthly determined that the proposed class information contained in the public notice, as appropriate, of PFC approvals accounts for less than 1 percent of the agency’s application, the FAA has and disapprovals under the provisions total annual enplanements at JFK. determined that the proposed class of the Aviation Safety and Capacity Brief Description of Project Approved accounts for less than 1 percent of the Expansion Act of 1990 (Title IX of the for Collection at JFK and Use at JFK at total annual enplanements at SWF. Omnibus Budget Reconciliation Act of a $4.50 PFC Level: JFK Terminal 3 site Brief Description of Project Approved 1990) (Pub. L. 101–508) and Part 158 of redevelopment and capacity for Collection at SWF and use at JFK at the Federal Aviation Regulations (14 improvements. a $4.50 PFC Level: JFK Terminal 3 site CFR Part 158). This notice is published Decision Date: July 5, 2013. redevelopment and capacity pursuant to paragraph d of § 158.29. FOR FURTHER INFORMATION CONTACT: improvements. PFC Applications Approved Patricia Henn, Eastern Region Airports Decision Date: July 5, 2013. Division, (718) 553–3357. Public Agency: Port Authority of New FOR FURTHER INFORMATION CONTACT: Public Agency: Port Authority of New Patricia Henn, Eastern Region Airports York and New Jersey, New York, New York and New Jersey, New York, New York. Division, (718) 553–3357. York. Public Agency: Asheville Regional Application Number: 12–09–C–00– Application Number: 12–09–C–00– EWR. Airports Authority, Fletcher, North LGA. Carolina. Application Type: Impose and use a Application Type: Impose and use a PFC. PFC. Application Number: 13–06–U–00– PFC Level: $4.50. PFC Level: $4.50. AVL. Total PFC Revenue Approved in this Total PFC Revenue Approved in this Application Type: Use PFC Revenue. Decision: $45,666,000. Decision: $56,674,000. Total PFC Revenue Approved for use Earliest Charge Effective Date: Earliest Charge Effective Date: in this Decision: $11,683,636. October 1, 2017. September 1, 2017. PFC Level: $4.50. Estimated Charge Expiration Date: Estimated Charge Expiration Date: Charge Effective Date: August 1, 2011. July 1, 2018. November 1, 2018. Estimated Charge Expiration Date: Class of Air Carriers not Required to Class of Air Carriers not Required to April 1, 2024. Collect PFC’s: Non-scheduled/on- Collect PFC’s: Non-scheduled/on- Class of Air Carriers Not Required to demand air carriers operating at Newark demand air carriers operating at Collect PFC’s: No change from previous Liberty International Airport (EWR). LaGuardia Airport (LGA). decision. Determination: Approved. Based on Determination: Approved. Based on information contained in the public information contained in the public Brief Description of Project Approved agency’s application, the FAA has agency’s application, the FAA has for Use: Runway 16/34 improvement determined that the proposed class determined that the proposed class program. accounts for less than 1 percent of the accounts for less than 1 percent of the Decision Date: August 7, 2013. total annual enplanements at EWR. total annual enplanements at LGA. FOR FURTHER INFORMATION CONTACT: Troy Brief Description of Project Approved Brief Description of Project Approved Butler, Southern Region Airports for Collection at EWR and Use at John for Collection at LGA and Use at JFK at Division, (404) 305–6727.

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AMENDMENTS TO PFC APPROVALS

Original Amended Amendment No. Amendment Original Amended estimated estimated city, state approved date approved net approved net charge exp. charge exp. PFC revenue PFC revenue date date

06–05–C–01–COD, Cody, WY ...... 07/30/13 $534,096 $411,718 02/01/11 05/01/09 05–08–C–01–MSP, Minneapolis, MN ...... 08/01/13 191,380,173 147,985,611 03/01/16 07/01/16 11–05–C–01–AVL, Fletcher, NC ...... 08/07/13 8,233,516 15,013,464 02/01/18 04/01/24 06–03–C–02–OAJ, Richlands, NC ...... 08/07/13 348,456 340,492 01/01/09 01/01/09 08–06–C–01–COD, Cody, WY ...... 08/12/13 79,500 78,476 05/01/11 05/01/11 07–05–C–02–MAF, Midland, TX ...... 08/19/13 1,544,032 932,194 08/01/15 02/01/15 12–06–C–01–MAF, Midland, TX ...... 08/19/13 1,319,287 967,278 11/01/15 07/01/15 05–06–C–01–EUG, Eugene, OR ...... 08/27/13 2,400,000 2,324,262 09/01/09 09/01/09 12–12–C–01–PLN, Petoskey, MI ...... 08/28/13 481,281 481,281 05/01/18 05/01/18 11–07–C–02–PUW, Pullman, WA ...... 08/28/13 210,700 214,775 11/01/12 06/01/12 12–08–C–01–PUW, Pullman, WA ...... 08/28/13 170,350 568,149 09/01/13 09/01/13

Issued in Washington, DC, on December Charge Effective Date: July 1, 2010. power generator component of this 30, 2013. Estimated Charge Expiration Date: project was determined to be ineligible Joe Hebert, February 1, 2031. for PFC funding. Manager, Financial Analysis and Passenger Class of Air Carriers Not Required to Decision Date: March 15, 2012. Facility Charge Branch. Collect PFC’s: No change from previous FOR FURTHER INFORMATION CONTACT: [FR Doc. 2013–31551 Filed 1–3–14; 8:45 am] decision. Jeffery Breeden, Washington Airports BILLING CODE 4910–13–P Brief Description of Project Approved District Office, (703) 661–1363. for Use: Terminal demolition. Public Agency: Williamsport Decision Date: June 2, 2011. Municipal Airport Authority, DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Troy Montoursville, Pennsylvania. Butler, Southern Region Airports Federal Aviation Administration Application Number: 13–03–C–00– Division, (404) 305–6727. IPT. Notice of Passenger Facility Charge Public Agency: Maryland Department Application Type: Impose and use a (PFC) Approvals and Disapprovals of Transportation and Maryland PFC. Aviation Administration, Baltimore, PFC Level: $4.50. AGENCY: Federal Aviation Maryland. Total PFC Revenue Approved in this Administration (FAA), DOT. Application Number: 12–09–C–00– Decision: $225,000. ACTION: Monthly Notice of PFC BWI. Earliest Charge Effective Date: Approvals and Disapprovals. In Application Type: Impose and use a November 1, 2013. September 2013, there were three PFC. Estimated Charge Expiration Date: applications approved. This notice also PFC Level: $4.50. November 1, 2014. includes information on two Total PFC Revenue Approved in this Class of Air Carriers not Required to applications, one approved in June 2011 Decision: $132,294,117. Collect PFC’s: None. and the other approved in March 2012, Earliest Charge Effective Date: Brief Description of Projects Approved inadvertently left off the June 2011 and October 1, 2019. for Collection and Use: March 2012 notices, respectively. Estimated Charge Expiration Date: Improve runway 9 safety area, phase 2. Additionally, eight approved April 1, 2021. Extend parallel taxiway B to the runway Class of Air Carriers not Required to amendments to previously approved 27 end, phase 1. applications are listed. Collect PFC’s: Air taxi/commercial Extend parallel taxiway B to the runway operators filing FAA Form 1800–31. 27 end, phase 2. Determination: Approved. Based on SUMMARY: The FAA publishes a monthly Extend parallel taxiway b to the runway information contained in the public notice, as appropriate, of PFC approvals 27 end, phase 3. and disapprovals under the provisions agency’s application, the FAA has Extend taxiway D, phase 1. of the Aviation Safety and Capacity determined that the approved class Rehabilitate general aviation apron, Expansion Act of 1990 (Title IX of the accounts for less than 1 percent of the phase 1. Omnibus Budget Reconciliation Act of total annual enplanements at Baltimore- Extend taxiway B to runway 27 end, 1990) (Pub. L.101–508) and Part 158 of Washington International Thurgood phase 4. the Federal Aviation Regulations (14 Marshall Airport. Acquire aircraft rescue and firefighting CFR Part 158). This notice is published Brief Description of Project Partially vehicle. pursuant to paragraph d of § 158.29. Approved for Collection and Use at a Extend taxiway D, phase 2. $4.50 PFC Level: Terminal B/C PFC Applications Approved Rehabilitate general aviation apron, connector. phase 2. Public Agency: Birmingham Airport Determination: Partially approved. A Taxiway A rehabilitation. Authority, Birmingham, Alabama. portion of the project was determined to Application Number: 11–10–U–00– be for administrative purposes rather Decision Date: September 5, 2013. BHM. than for the movement of passengers FOR FURTHER INFORMATION CONTACT: Lori Application Type: Use PFC Revenue. and baggage. Therefore, the percentage Ledebohm, Harrisburg Airports District PFC Level: $4.50. of the project determined to be PFC- Office, (717) 730–2835. Total PFC Revenue Approved for Use eligible was reduced from that Public Agency: County of Marquette, in this Decision: $4,133,110. requested. In addition, the emergency Gwinn, Michigan.

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Application Number: 13–11–C–00– Hangars 400, 423, 424, 425 interior total annual enplanements at Greater SAW. insulation, electrical and lighting. Binghamton Airport. Application Type: Impose and use a Taxiways E and F pavement design/ Brief Description of Projects Approved PFC. construction. for Collection and Use: PFC Level: $4.50. Decision Date: September 11, 2013. North apron rehabilitation, phase 2 Total PFC Revenue Approved in this FOR FURTHER INFORMATION CONTACT: design. Decision: $253,245. Irene Porter, Detroit Airports District Earliest Charge Effective Date: Airport security improvements design. Office, (734) 229–2915. December 1, 2014. Hazardous wildlife study. Public Agency: County of Broome, Estimated Charge Expiration Date: Brief Description of Projects Approved Johnson City, New York. October 1, 2016. Application Number: 13–16–C–00– for Collection: Class of Air Carriers Not Required to BGM. North apron rehabilitation, phase 2 Collect PFC’s: Air taxi commercial Application Type: Impose and use a construct. operators engaged in non-scheduled PFC. Airport security improvements activity that are operating at Sawyer PFC Level: $4.50. construct. International Airport (SAW). Total PFC Revenue Approved in this Determination: Approved. Based on Decision: $333,625. Brief Description of Project Partially information contained in the public Earliest Charge Effective Date: June 1, Approved for Collection and Use: agency’s application, the FAA has 2017. Airport safety management system determined that the approved class Estimated Charge Expiration Date: development. accounts for less than 1 percent of the May 1, 2018. total annual enplanements at SAW. Class of Air Carriers not Required to Determination: Partially approved. Brief Description of Projects Approved Collect PFC’s: Nonscheduled/on- The establishment of safety protocols for for Collection and Use: demand air carriers filing FAA Form users of the airport to manage their own Parking lot improvements. 1800–31. operations was determined not to be Hangar improvements—402 design and Determination: Approved. Based on PFC eligible. 600-series hangars. information contained in the public Decision Date: September 23, 2013. Hangar improvements—402 phase 2, agency’s application, the FAA has FOR FURTHER INFORMATION CONTACT: 400 series doors, and 600 series determined that the approved class Patricia Henn, Eastern Region Airports electrical/insulation. accounts for less than 1 percent of the Division, (718) 553–3357.

AMENDMENTS TO PFC APPROVALS

Original Amended Amendment No. Amendment Original Amended estimated estimated city, state approved date approved net approved net charge exp. charge exp. PFC revenue PFC revenue date date

10–03–C–01–SBY, Salisbury, MD ...... 08/29/13 $783,269 $1,081,110 03/01/13 03/01/13 08–04–C–02–CHA, Chattanooga, TN ...... 09/04/13 2,520,376 2,501,388 10/01/12 10/01/12 08–04–C–01–HVN, New Haven, CT ...... 09/12/13 352,756 276,202 10/01/11 10/01/11 97–04–C–02–SAW, Gwinn, MI ...... 09/12/13 741,542 482,606 08/01/00 08/01/00 09–04–C–02–OAJ, Richlands, NC ...... 09/16/13 115,842 74,020 11/01/11 11/01/11 00–05–C–02–SAW, Gwinn, MI ...... 09/17/13 335,998 405,680 12/01/02 01/01/03 02–06–C–01–SAW, Gwinn, MI ...... 09/17/13 227,558 234,256 06/01/04 06/01/04 05–10–C–10–MCO, Orlando, FL ...... 09/19/13 749,303,511 749,303,511 12/01/19 12/01/19

Issued in Washington, DC, on December SUMMARY: The Department of 140, Washington, DC 20590, between 9 30, 2013. Transportation (DOT) invites public a.m. and 5 p.m., Monday through Joe Hebert, comments about our intention to request Friday, except on Federal holidays. Manager, Financial Analysis and Passenger the Office of Management and Budget • Fax: 1–202–493–2251. Facility Charge Branch. (OMB) approval to renew an FOR FURTHER INFORMATION CONTACT: [FR Doc. 2013–31552 Filed 1–3–14; 8:45 am] information collection. We are required Michael Pucci, 202–366–5167, Office of BILLING CODE 4910–13–P to publish this notice in the Federal Maritime Program, Maritime Register by the Paperwork Reduction Administration, 1200 New Jersey Act of 1995, Public Law 104–13. Avenue SE., Washington, DC 20590, DEPARTMENT OF TRANSPORTATION DATES: Written comments should be Email: [email protected]. Copies of submitted by March 7, 2014. this collection also can be obtained from [Docket No. MARAD–2013–0157] ADDRESSES: You may submit comments that office. identified by Docket No. MARAD– SUPPLEMENTARY INFORMATION: Agency Requests for Renewal of a 2013–0157 through one of the following OMB Control Number: 2133–0012. Previously Approved Information methods: Title: Requirements for Establishing Collection(s): Requirements for • Federal eRulemaking Portal: http:// U.S. Citizenship—46 CFR Part 355. Establishing U.S. Citizenship www.regulations.gov. Follow the online Form Numbers: instructions for submitting comments. Type of Review: Renewal of an AGENCY: Maritime Administration, DOT. • Mail or Hand Delivery: Docket information collection. Management Facility, U.S. Department Background: Maritime Administration ACTION: Notice and request for of Transportation, 1200 New Jersey implementing regulations at 46 CFR comments. Avenue SE., West Building, Room W12– parts 355 and 356 set forth requirements

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for establishing U.S. citizenship in December 31, 2013. U.S.C. 10903 to abandon the southern accordance with MARAD statutory Michael Pucci, segment of its line of railroad between authority. Those receiving benefits Acting Secretary, Maritime Administration. milepost 626.1 near Elliott and milepost under 46 U.S.C. Chapters 531, 535, and [FR Doc. 2013–31564 Filed 1–3–14; 8:45 am] 703.8 near Canton, a distance of 77.7 537 (formerly the Merchant Marine Act, BILLING CODE 4910–81–P miles in Montgomery, Carroll, Holmes, 1936, as amended), or applicants Yazoo, and Madison Counties, Miss.1 seeking a fishery endorsement eligibility The line traverses United States Postal approval pursuant to the American DEPARTMENT OF TRANSPORTATION Service Zip Codes 38925, 38967, 39176, Fisheries Act must be citizens of the 39192, 39063, 39079, 39146, and 39179, United States within the meaning of 46 Saint Lawrence Seaway Development and includes the stations of Duck Hill, U.S.C. 50501, (formerly Section 2 of the Corporation Eskridge, Winona, Vaiden, West, Shipping Act, 1916, as amended). In Durant, Goodman, Pickens, and either case, whether seeking program Advisory Board; Notice of Meeting Vaughan. benefits or fishery endorsement Pursuant to Section 10(a)(2) of the GRYR states that the line does not eligibility, Section 50501 sets forth the Federal Advisory Committee Act (Pub. contain federally granted rights-of-way. statutory requirements for determining L. 92–463; 5 U.S.C. App. I), notice is Any documentation in GRYR’s whether an applicant, be it a hereby given of a meeting of the possession regarding the line will be corporation, partnership, or association Advisory Board of the Saint Lawrence made available promptly to those is a U.S. citizen. 46 CFR part 356 is Seaway Development Corporation requesting it. distinguished from 46 CFR part 355 in (SLSDC), to be held from 10 a.m. to 12 The interest of railroad employees that part 356 establishes requirements p.m. (EDT) on Wednesday, January 22, will be protected by the conditions set for U.S. citizenship exclusively in 2014 at the SLSDC’s Policy forth in Oregon Short Line Railroad— accordance with the AFA while part 355 Headquarters, 55 M Street SE., Suite Abandonment Portion Goshen Branch is applied for purposes of establishing 930, Washington, DC 20003. The agenda Between Firth & Ammon, In Bingham & citizenship across multiple MARAD for this meeting will be as follows: Bonneville Counties, Idaho, 360 I.C.C. programs arising under other statutory Opening Remarks; Consideration of 91 (1979). authority. Most program participants are Minutes of Past Meeting; Quarterly By issuance of this notice, the Board required to submit to MARAD on an Report; Old and New Business; Closing is instituting an exemption proceeding annual basis the form of affidavit Discussion; Adjournment. pursuant to 49 U.S.C. 10502(b). A final prescribed by Part 355 or Part 356. Attendance at the meeting is open to decision will be issued by April 4, 2014. Number of Respondents: 500. the interested public but limited to the Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) will Frequency: Once annually. space available. With the approval of the Acting Administrator, members of be due no later than 10 days after Estimated Average Burden per the public may present oral statements service of a decision granting the Response: 5 hours. at the meeting. Persons wishing further petition for exemption. Each OFA must Total Annual Burden: 2500. information should contact, not later be accompanied by a $1,600 filing fee. than Friday, January 17, 2014, Anita K. See 49 CFR 1002.2(f)(25). Public Comments Invited: You are All interested persons should be asked to comment on any aspect of this Blackman, Senior Advisor to the Administrator, Saint Lawrence Seaway aware that, following abandonment of information collection, including (a) rail service and salvage of the line, the Whether the proposed collection of Development Corporation, Suite W32– 300, 1200 New Jersey Avenue SE., line may be suitable for other public information is necessary for the use, including interim trail use. Any Department’s performance; (b) the Washington, DC 20590; 202–366–0091. Any member of the public may request for a public use condition under accuracy of the estimated burden; (c) 49 CFR 1152.28 or for trail use/rail ways for the Department to enhance the present a written statement to the Advisory Board at any time. banking under 49 CFR 1152.29 will be quality, utility and clarity of the due no later than January 27, 2014. Each Issued at Washington, DC, on December 30, information collection; and (d) ways trail request must be accompanied by a that the burden could be minimized 2013. Betty S. Sutton, without reducing the quality of the 1 GRYR was authorized to acquire this portion of collected information. The agency will Administrator. the line sought to be abandoned from the Illinois summarize and/or include your [FR Doc. 2013–31513 Filed 1–3–14; 8:45 am] Central Railroad Company in Grenada Railway, LLC—Acquisition & Operation Exemption—Illinois comments in the request for OMB’s BILLING CODE 4910–61–P Central Railroad Company, Docket No. FD 35247 clearance of this information collection. (STB served May 29, 2009). Originally, GRYR filed Privacy Act: Anyone is able to search a petition for exemption to abandon the southern the electronic form of all comments DEPARTMENT OF TRANSPORTATION segment of the rail line, which included the line at issue here, in Grenada Railway LLC—Abandonment received into any of our dockets by the Surface Transportation Board Exemption—in Grenada, Montgomery, Carroll, name of the individual submitting the Holmes, Yazoo and Madison Counties, Miss., comment (or signing the comment, if [Docket No. AB 1087 (Sub-No. 1X)] Docket No. AB 1087X. At GRYR’s request, the submitted on behalf of an association, petition was withdrawn and the proceeding was Grenada Railway LLC—Abandonment discontinued in a decision served on November 10, business, labor union, etc.). You may 2011. GRYR states that the line had been embargoed review DOT’s complete Privacy Act Exemption—in Montgomery, Carroll, since July 26, 2011, due to a bridge located at Statement in the Federal Register Holmes, Yazoo and Madison Counties, milepost 656.4 that remains in disrepair and that published on April 11, 2000 (Volume Miss. the embargo expired on July 26, 2013. GRYR filed a motion for protective order pursuant to 49 CFR 65, Number 70; Pages 19477–78) or you On December 17, 2013, Grenada 1104.14(b) to allow the filing under seal of GRYR’s may visit http://www.regulations.gov. Railway LLC (GRYR) filed with the profit and loss statements that are highly confidential that would not normally be made Authority: The Paperwork Reduction Act Surface Transportation Board (Board) a available to the public. The motion for a protective of 1995; 44 U.S.C. Chapter 35, as amended; petition under 49 U.S.C. 10502 for order was granted by a decision served on and 49 CFR 1.93. exemption from the provisions of 49 December 16, 2013.

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$250 filing fee. See 49 CFR SUMMARY: On January 2, 2014, the Board DEPARTMENT OF TRANSPORTATION 1002.2(f)(27). served an updated decision announcing All filings in response to this notice the 2012 revenue adequacy Surface Transportation Board must refer to Docket No. AB 1087 (Sub- determinations for the Nation’s Class I [Docket No. EP 552 (Sub-No. 15)] No. 1X), and must be sent to: (1) Surface railroads, taking into account BNSF Transportation Board, 395 E Street SW., Railway Company’s refiled R–1 report Railroad Revenue Adequacy—2010 Washington, DC 20423–0001; and (2) for 2012. Three carriers, BNSF Railway Determination Fritz R. Kahn, Fritz R. Kahn, P.C., 1919 Company, Norfolk Southern Combined M Street NW. (7th Floor), Washington, Railroad Subsidiaries, and Union Pacific AGENCY: Surface Transportation Board, DC 20036. Replies to the petition are Railroad Company, were found to be DOT. due on or before January 27, 2014.2 revenue adequate. ACTION: Notice of updated decision. Persons seeking further information DATES: Effective Date: This decision is SUMMARY: concerning abandonment procedures effective on January 2, 2014. On January 2, 2014, the Board served an updated decision announcing may contact the Board’s Office of Public FOR FURTHER INFORMATION CONTACT: Paul the 2010 revenue adequacy Assistance, Governmental Affairs and Aguiar, (202) 245–0323. Assistance for determinations for the Nation’s Class I Compliance at (202) 245–0238 or refer the hearing impaired is available railroads, taking into account BNSF to the full abandonment or through the Federal Information Relay Railway Company’s refiled R–1 report discontinuance regulations at 49 CFR pt. Service (FIRS) at (800) 877–8339. for 2010. One carrier, Union Pacific 1152. Questions concerning SUPPLEMENTARY INFORMATION: The Board environmental issues may be directed to Railroad Company, was found to be is required to make an annual revenue adequate. the Board’s Office of Environmental determination of railroad revenue DATES: Analysis (OEA) at (202) 245–0305. adequacy. A railroad is considered Effective Date: This decision is Assistance for the hearing impaired is revenue adequate under 49 U.S.C. effective on January 2, 2014. available through the Federal 10704(a) if it achieves a rate of return on FOR FURTHER INFORMATION CONTACT: Paul Information Relay Service (FIRS) at 1– net investment (ROI) equal to at least Aguiar, (202) 245–0323. Assistance for 800–877–8339. the current cost of capital for the the hearing impaired is available An environmental assessment (EA) (or railroad industry for 2012, determined through the Federal Information Relay environmental impact statement (EIS), if to be 11.12% in Railroad Cost of Service (FIRS) at (800) 877–8339. necessary) prepared by OEA will be Capital—2012, EP 558 (Sub-No. 16) SUPPLEMENTARY INFORMATION: The Board served upon all parties of record and (STB served Aug. 30, 2013). This is required to make an annual upon any agencies or other persons who revenue adequacy standard was applied determination of railroad revenue commented during its preparation. to each Class I railroad. Three carriers, adequacy. A railroad is considered Other interested persons may contact BNSF Railway Company (BNSF), revenue adequate under 49 U.S.C. OEA to obtain a copy of the EA (or EIS). Norfolk Southern Combined Railroad 10704(a) if it achieves a rate of return on EAs in these abandonment proceedings Subsidiaries, and Union Pacific Railroad net investment (ROI) equal to at least normally will be made available within Company, were found to be revenue the current cost of capital for the 60 days of the filing of the petition. The adequate for 2012.1 railroad industry for 2010, determined deadline for submission of comments on The decision in this proceeding is to be 11.03% in Railroad Cost of the EA generally will be within 30 days posted on the Board’s Web site at Capital—2010, EP 558 (Sub-No. 14) of its service. www.stb.dot.gov. Copies of the decision (STB served Oct. 3, 2011). This revenue Board decisions and notices are may be purchased by contacting the adequacy standard was applied to each available on our Web site at Office of Public Assistance, Class I railroad. One carrier, Union ‘‘www.stb.dot.gov.’’ Governmental Affairs, and Compliance Pacific Railroad Company, was found to Decided: December 30, 2013. at (202) 245–0238. Assistance for the be revenue adequate for 2010.1 hearing impaired is available through The decision in this proceeding is By the Board, Rachel D. Campbell, FIRS at (800) 877–8339. Director, Office of Proceedings. posted on the Board’s Web site at This action will not significantly Derrick A. Gardner, www.stb.dot.gov. Copies of the decision affect either the quality of the human may be purchased by contacting the Clearance Clerk. environment or the conservation of Office of Public Assistance, [FR Doc. 2013–31509 Filed 1–3–14; 8:45 am] energy resources. Governmental Affairs, and Compliance BILLING CODE 4915–01–P Decided: December 31, 2013. at (202) 245–0238. Assistance for the By the Board, Chairman Elliott, Vice hearing impaired is available through DEPARTMENT OF TRANSPORTATION Chairman Begeman, and Commissioner FIRS at (800) 877–8339. Mulvey. This action will not significantly Surface Transportation Board Jeffrey Herzig, affect either the quality of the human Clearance Clerk. 1 [Docket No. EP 552 (Sub-No. 17)] [FR Doc. 2013–31572 Filed 1–3–14; 8:45 am] The Board determined the revenue adequacy for 2010 of each Class I railroad in a previous decision BILLING CODE 4915–01–P served in this docket on November 3, 2011. Now Railroad Revenue Adequacy—2012 that BNSF Railway Company has refiled its R–1 Determination 1 The Board determined the revenue adequacy for reports for 2010–2012 in compliance with Western 2012 of each Class I railroad except BNSF in a Coal Traffic League—Petition for Declaratory Order, AGENCY: Surface Transportation Board, decision served in this docket on October 17, 2013. FD 35506 (served July 25, 2013), the Board’s DOT. Now that BNSF has refiled its R–1 reports for 2010– January 2, 2014 decision reflects that filing and 2012 in compliance with the Board’s order in includes a revised determination of BNSF’s revenue ACTION: Notice of updated decision. Western Coal Traffic League—Petition for adequacy for 2010. The January 2, 2014 decision Declaratory Order, FD 35506 (STB served July 25, also replaces the name ‘‘Norfolk Southern Railway 2013), the Board’s January 2, 2014 decision reflects Company’’ with ‘‘Norfolk Southern Combined 2 On December 27, 2013, Robert Riley filed a that filing and includes a determination of BNSF’s Railroad Subsidiaries’’ and adds a footnote to motion to reject the petition. Riley’s motion will be revenue adequacy for 2012. The October 17, 2013 accompany that change. The November 3, 2011 addressed in a separate Board decision. decision remains unchanged in all other respects. decision remains unchanged in all other aspects.

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environment or the conservation of The decision in this proceeding is DC 20224, or through the Internet, at energy resources. posted on the Board’s Web site at [email protected]. Decided: December 31, 2013. www.stb.dot.gov. Copies of the decision SUPPLEMENTARY INFORMATION: By the Board, Chairman Elliott, Vice may be purchased by contacting the Title: Source of Income From Sales of Chairman Begeman, and Commissioner Office of Public Assistance, Inventory and Natural Resources Mulvey. Governmental Affairs, and Compliance Produced in One Jurisdiction and Sold Jeffrey Herzig, at (202) 245–0238. Assistance for the in Another Jurisdiction. Clearance Clerk. hearing impaired is available through OMB Number: 1545–1476. FIRS at (800) 877–8339. Regulation Project Number: INTL–3– [FR Doc. 2013–31570 Filed 1–3–14; 8:45 am] This action will not significantly BILLING CODE 4915–01–P 95 (TD 8687). affect either the quality of the human Abstract: This regulation provides environment or the conservation of rules for allocating and apportioning energy resources. DEPARTMENT OF TRANSPORTATION income from sales of natural resources Decided: December 31, 2013. or other inventory produced in the Surface Transportation Board By the Board, Chairman Elliott, Vice United States and sold outside the Chairman Begeman, and Commissioner United States or produced outside the [Docket No. EP 552 (Sub-No. 16)] Mulvey. United States and sold in the United Railroad Revenue Adequacy—2011 Jeffrey Herzig, States. The information provided is Determination Clearance Clerk. used by the IRS to determine on audit [FR Doc. 2013–31571 Filed 1–3–14; 8:45 am] whether the taxpayer has properly AGENCY : Surface Transportation Board, BILLING CODE 4915–01–P determined the source of its income DOT. from export sales. ACTION: Notice of updated decision. Current Actions: There is no change to DEPARTMENT OF THE TREASURY this existing regulation. SUMMARY: On January 2, 2014, the Board Type of Review: Extension of a served an updated decision announcing Internal Revenue Service currently approved collection. the 2011 revenue adequacy Affected Public: Business or other for- determinations for the Nation’s Class I Proposed Collection; Comment profit organizations. railroads, taking into account BNSF Request for Regulation Project Estimated Number of Respondents: Railway Company’s refiled R–1 report AGENCY: 425. for 2011. Three carriers, BNSF Railway Internal Revenue Service (IRS), Treasury. Estimated Time per Respondent: 2 Company, Norfolk Southern Combined hrs., 30 minutes. ACTION: Notice and request for Railroad Subsidiaries, and Union Pacific Estimated Total Annual Burden comments. Railroad Company, were found to be Hours: 1,063 hours. revenue adequate. SUMMARY: The Department of the The following paragraph applies to all DATES: Effective Date: This decision is Treasury, as part of its continuing effort of the collections of information covered effective on January 2, 2014. to reduce paperwork and respondent by this notice: FOR FURTHER INFORMATION CONTACT: Paul burden, invites the general public and An agency may not conduct or Aguiar, (202) 245–0323. Assistance for other Federal agencies to take this sponsor, and a person is not required to the hearing impaired is available opportunity to comment on proposed respond to, a collection of information through the Federal Information Relay and/or continuing information unless the collection of information Service (FIRS) at (800) 877–8339. collections, as required by the displays a valid OMB control number. SUPPLEMENTARY INFORMATION: The Board Paperwork Reduction Act of 1995, Books or records relating to a collection is required to make an annual Public Law 104–13(44 U.S.C. of information must be retained as long determination of railroad revenue 3506(c)(2)(A)). Currently, the IRS is as their contents may become material adequacy. A railroad is considered soliciting comments concerning source in the administration of any internal revenue adequate under 49 U.S.C. of income from sales of inventory and revenue law. Generally, tax returns and 10704(a) if it achieves a rate of return on natural resources produced in one tax return information are confidential, net investment (ROI) equal to at least jurisdiction and sold in another as required by 26 U.S.C. 6103. the current cost of capital for the jurisdiction. Request for Comments: Comments submitted in response to this notice will railroad industry for 2011, determined DATES: Written comments should be to be 11.57% in Railroad Cost of received on or before March 7, 2014 to be summarized and/or included in the Capital—2011, EP 558 (Sub-No. 15) be assured of consideration. request for OMB approval. All comments will become a matter of (STB served Sept. 13, 2012). This ADDRESSES: Direct all written comments public record. Comments are invited on: revenue adequacy standard was applied to Yvette Lawrence, Internal Revenue (a) Whether the collection of to each Class I railroad. Three carriers, Service, Room 6129, 1111 Constitution information is necessary for the proper BNSF Railway Company (BNSF), Avenue NW., Washington, DC 20224. performance of the functions of the Norfolk Southern Combined Railroad FOR FURTHER INFORMATION CONTACT: Subsidiaries and Union Pacific Railroad agency, including whether the Requests for additional information or information shall have practical utility; Company, were found to be revenue copies of the regulations should be adequate for 2011.1 (b) the accuracy of the agency’s estimate directed to Allan Hopkins, at Internal of the burden of the collection of Revenue Service, Room 6129, 1111 1 The Board determined the revenue adequacy for information; (c) ways to enhance the 2011 of each Class I railroad in a previous decision Constitution Avenue NW., Washington, quality, utility, and clarity of the served in this docket on October 16, 2012. Now that information to be collected; (d) ways to BNSF has refiled its R–1 reports for 2010–2012 in reflects that filing and includes a revised compliance with Western Coal Traffic League— determination of BNSF’s revenue adequacy for minimize the burden of the collection of Petition for Declaratory Order, FD 35506 (served 2011. The October 16, 2012 decision remains information on respondents, including July 25, 2013), the Board’s January 2, 2014 decision unchanged in all other respects. through the use of automated collection

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techniques or other forms of information ADDRESSES: Direct all written comments An agency may not conduct or technology; and (e) estimates of capital to Yvette Lawrence, Internal Revenue sponsor, and a person is not required to or start-up costs and costs of operation, Service, Room 6129, 1111 Constitution respond to, a collection of information maintenance, and purchase of services Avenue NW., Washington, DC 20224. unless the collection of information to provide information. FOR FURTHER INFORMATION CONTACT: displays a valid OMB control number. Approved: December 30, 2013. Requests for additional information or Books or records relating to a collection Allan Hopkins, copies of the regulations should be of information must be retained as long as their contents may become material Tax Analyst. directed to Allan Hopkins, at Internal Revenue Service, Room 6129, 1111 in the administration of any internal [FR Doc. 2013–31562 Filed 1–3–14; 8:45 am] Constitution Avenue NW., Washington revenue law. Generally, tax returns and BILLING CODE 4830–01–P DC 20224, or through the Internet, at tax return information are confidential, [email protected]. as required by 26 U.S.C. 6103. DEPARTMENT OF THE TREASURY SUPPLEMENTARY INFORMATION: Request for Comments: Comments Title: Mark-to-Market Accounting for submitted in response to this notice will Internal Revenue Service Dealers in Commodities and Traders in be summarized and/or included in the Securities or Commodities. request for OMB approval. All Proposed Collection; Comment OMB Number: 1545–1640. comments will become a matter of Request for Regulation Project Regulation Project Number: REG– public record. Comments are invited on: 104924–98. (a) Whether the collection of AGENCY: Internal Revenue Service (IRS), Abstract: The collection of information is necessary for the proper Treasury. information in this proposed regulation performance of the functions of the is required by the Internal Revenue ACTION: Notice and request for agency, including whether the Service to determine whether an comments. information shall have practical utility; exemption from mark-to-market (b) the accuracy of the agency’s estimate treatment is properly claimed. This SUMMARY: The Department of the of the burden of the collection of information will be used to make that Treasury, as part of its continuing effort information; (c) ways to enhance the determination upon audit of taxpayers’ to reduce paperwork and respondent quality, utility, and clarity of the burden, invites the general public and books and records. Current Actions: There is no change to information to be collected; (d) ways to other Federal agencies to take this minimize the burden of the collection of opportunity to comment on proposed this existing proposed regulation. Type of Review: Extension of a information on respondents, including and/or continuing information through the use of automated collection collections, as required by the currently approved collection. Affected Public: Business or other for- techniques or other forms of information Paperwork Reduction Act of 1995, technology; and (e) estimates of capital Public Law 104–13 (44 U.S.C. profit organization and individuals. Estimated Number of Recordkeepers: or start-up costs and costs of operation, 3506(c)(2)(A)). Currently, the IRS is 1,000. maintenance, and purchase of services soliciting comments concerning mark- Estimated Time per Recordkeeper: 1 to provide information. to-market accounting for dealers in hour. Approved: December 30, 2013. commodities and traders in securities or Estimated Total Annual Burden Allan Hopkins, commodities. Recordkeeping Hours: 1,000. DATES: Written comments should be The following paragraph applies to all Tax Analyst. received on or before March 7, 2014 to of the collections of information covered [FR Doc. 2013–31559 Filed 1–3–14; 8:45 am] be assured of consideration. by this notice: BILLING CODE 4830–01–P

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Part II

Department of Defense

Office of the Secretary 32 CFR Part 161 Identification (ID) Cards for Members of the Uniformed Services, Their Dependents, and Other Eligible Individuals; Interim Rule

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DEPARTMENT OF DEFENSE FOR FURTHER INFORMATION CONTACT: Mr. 47515). The June 26, 2013 U.S. Supreme Robert Eves, Defense Human Resources Court decision in United States v. Office of the Secretary Activity, 571–372–1956. Windsor found Section 3 of the Defense SUPPLEMENTARY INFORMATION: of Marriage Act to be unconstitutional 32 CFR Part 161 and the Department now construes the Executive Summary words ‘‘spouse’’ and ‘‘marriage’’ to [Docket ID: DoD–2009–OS–0184] I. Purpose of This Regulatory Action include same-sex spouses and Title 10, Sections 1061–1064, 1072– marriages. RIN 0790–AI61 1074, 1074a–1074c, 1076, 1076a, 1077, III. Justification To Issue an Interim and 1095 (k)(2), authorize members of Rule Identification (ID) Cards for Members the Uniformed Services (active duty, of the Uniformed Services, Their Reserve, or retired members) and their DOD is promulgating this interim rule Dependents, and Other Eligible spouses and dependents certain benefits without prior opportunity for public Individuals and privileges. Title 18, Sections 499, comment since the policy for ID cards AGENCY: Office of the Under Secretary of 506, 509, 701, and 1001, address was published as a proposed rule on Defense for Personnel and Readiness, penalties, fines and imprisonment for August 6, 2010 (75 FR 47515) and no DoD. unauthorized reproduction of ID cards. public comments were received. So, this The DoD ID cards authorize eligible interim rule makes final the content of ACTION: Interim rule with request for individuals (to include specific comments. the proposed rule. categories of civilians and contractors) With the June 26, 2013 Supreme certain benefits and privileges to SUMMARY: The Department of Defense Court decision in United States v. include health care; use of commissary; (DoD) proposes to establish policy, Windsor finding Section 3 of the exchange; and morale, welfare, and assign responsibilities, and provide Defense of Marriage Act procedures for the issuing of distinct recreation facilities. This regulatory action: unconstitutional, DoD is no longer DoD ID cards. The ID cards shall be prevented from extending Federal issued to uniformed service members, a. Establishes policy, assigns responsibilities, and provides benefits to the same-sex spouses of DoD their dependents, and other eligible military members and civilian individuals and will be used as proof of procedures for the issuing of all DoD ID cards. employees. As a result, in an August 13, identity and DoD affiliation. Following 2013 Secretary of Defense the June 26, 2013, U.S. Supreme Court b. Incorporates policy for the implementation of Homeland Security Memorandum, ‘‘Extending Benefits to decision that found Section 3 of the Same-Sex Spouses of Military Defense of Marriage Act Presidential Directive (HSPD) 12 within DoD. Members,’’ the Secretary of Defense unconstitutional, this rule also extends directed that, ‘‘. . . spousal and family benefits to same sex spouses of c. Incorporates Common Access Card benefits, including identification cards, Uniformed Service members and DOD (CAC) policy and issuance procedures. will be made available to same-sex civilians. The Department will now d. Incorporates CAC eligibility spouses no later than September 3, construe the words ‘‘spouse’’ and requirements for Foreign National 2013,’’ (http://www.defense.gov/home/ ‘‘marriage’’ to include same-sex spouses personnel. features/2013/docs/Extending-Benefits- and marriages. e. Sets forth responsibilities and procedures for the DoD ID card life- to-Same-Sex-Spouses-of-Military- DATES: Effective date: This rule is cycle. Members.pdf). effective on January 6, 2014. f. Prescribes the benefits for DoD issues approximately five million Comment date: Comments must be commissary; exchange; morale, welfare, received by March 7, 2014. ID cards each year to military members, and recreation (MWR); Military Health civilian employees, contractors, foreign ADDRESSES: You may submit comments, Services direct care in military nationals, and where applicable, family identified by docket number and/or RIN treatment facilities (MTFs); and members. The Department estimates the number and title, by any of the TRICARE civilian health care (CHC) in number of ID cards which will need to following methods: support of the members of the • Federal Rulemaking Portal: http:// be issued to same-sex spouses and their uniformed services, their dependents, families represent less than one percent www.regulations.gov. Follow the and other eligible individuals. instructions for submitting comments. of the total ID cards issued in a year. • Mail: Federal Docket Management II. Background The Department believes this rule System Office, 4800 Mark Center Drive, The current DoD Instruction, which relates to ‘‘agency management or East Tower, Suite 02G09, Alexandria, establishes policy, assigns personnel’’ and is exempt under sec. VA 22350–3100. responsibilities, and provides 553(a)(2) from all requirements of sec. Instructions: All submissions received procedures for issuing distinct DoD ID 533. Nevertheless, pursuant to 41 U.S.C. must include the agency name and cards to uniformed service members, 1707, DoD will consider public docket number or Regulatory their dependents, and other eligible comments received in response to this Information Number (RIN) for this individuals, for proof of identity and interim rule in the formation of the Federal Register document. The general DoD affiliation, was issued on December Department’s final rule. policy for comments and other 5, 1997. DoD revised this instruction, IV. Costs and Benefits of This submissions from members of the public updating the content and incorporating Regulatory Action is to make these submissions available and canceling several policy for public viewing on the Internet at memorandums, into a single instruction There are no costs to the public. There http://www.regulations.gov as they are and two additional implementing are no capital or start-up costs received without change, including any manuals. The revised policy for ID cards associated with the issuance of this rule. personal identifiers or contact was codified into a proposed rule which ID cards cost the Department information. was published on August 6, 2010 (75 FR approximately $28.3 million annually.

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V. Executive Orders 12866 and 13563 (3) The distribution of power and (a) Establishes policy, assigns Under Executive Orders (E.O.s) 12866 responsibilities among the various responsibilities, and provides and 13563, the Department has levels of Government. procedures for the issuing of distinct DoD ID cards. The ID cards shall be determined that this interim rule is a List of Subjects in 32 CFR Part 161 significant regulatory action, though not issued to uniformed service members, Administrative practice and an economically significant one, and it their dependents, and other eligible procedure, Armed forces, Military has been reviewed by OMB. individuals and will be used as proof of It has been certified that 32 CFR part personnel, National defense, Privacy, identity and DoD affiliation. 161 does not: Security measures. (b) Sets forth responsibilities and (1) Have an annual effect on the Accordingly, 32 CFR part 161 is procedures for the DoD ID card life- economy of $100 million or more or added to subchapter F to read as cycle in accordance with this part. adversely affect in a material way the follows: (c) Prescribes the benefits for economy; a section of the economy; commissary; exchange; morale, welfare, productivity; competition; jobs; the PART 161—IDENTIFICATION (ID) and recreation (MWR); Military Health environment; public health or safety; or CARDS FOR MEMBERS OF THE Services direct care in military State, local, or tribal governments or UNIFORMED SERVICES, THEIR treatment facilities (MTFs); and communities; DEPENDENTS, AND OTHER ELIGIBLE TRICARE civilian health care (CHC) in (2) Create a serious inconsistency or INDIVIDUALS support of the members of the otherwise interfere with an action taken Subpart A—Identification (ID) Cards for uniformed services, their dependents, or planned by another Agency; Members of the Uniformed Services, Their and other eligible individuals, in (3) Materially alter the budgetary Dependents, and Other Eligible Individuals accordance with this part. impact of entitlements, grants, user fees, Sec. § 161.2 Applicability. or loan programs, or the rights and 161.1 Purpose. obligations of recipients thereof; or 161.2 Applicability. This part applies to: (4) Raise novel legal or policy issues 161.3 Definitions. (a) The Office of the Secretary of arising out of legal mandates, the 161.4 Policy. Defense (OSD), the Military President’s priorities, or the principles 161.5 Responsibilities. Departments (including the Coast Guard set forth in these Executive Orders. 161.6 Procedures. at all times, including when it is a Service in the Department of Homeland VI. Regulatory Flexibility Act Subpart B—DoD Identification (ID) Cards: ID Card Life-Cycle Security by agreement with that Pursuant to section 605(b) of the 161.7 ID card life-cycle procedures. Department), the Office of the Chairman Regulatory Flexibility Act (5 U.S.C. 601 161.8 ID card life-cycle roles and of the Joint Chiefs of Staff and the Joint et seq.), the DoD certifies that the responsibilities. Staff, the Combatant Commands, the interim rule will not have a significant Office of the Inspector General of the economic impact on a substantial Subpart C—DoD Identification (ID) Cards: Benefits for Members of the Uniformed Department of Defense, the Defense number of small entities. Services, Their Dependents, and Other Agencies, the DoD Field Activities, and VII. Unfunded Mandates Reform Act Eligible Individuals all other organizational entities within 161.9 DoD benefits, the Department of Defense (hereafter Per the Unfunded Mandates Reform referred to collectively as the ‘‘DoD Act of 1995 and E.O. 12875, this rule 161.10 Benefits for active duty members of the uniformed services. Components’’). will not create an unfunded Federal 161.11 Benefits for National Guard and (b) The Commissioned Corps of the mandate upon any State, local, or tribal Reserve members of the uniformed U.S. Public Health Service (USPHS), government in the aggregate of $100 services. under agreement with the Department of million or more. It also does not result 161.12 Benefits for former uniformed Health and Human Services, and the services members. in increased expenditures of the privacy National Oceanic and Atmospheric sector of $100 million or more. 161.13 Benefits for retired members of the uniformed services. Administration (NOAA), under VIII. Paperwork Reduction Act 161.14 Benefits for MOH recipients. agreement with the Department of 161.15 Benefits for Disabled American Commerce. Public Law 96–511, ‘‘Paperwork Veterans (DAV). Reduction Act’’ (44 U.S.C. Chapter 35) 161.16 Benefits for transitional health care § 161.3 Definitions. It has been certified that 32 CFR part members and dependents. Unless otherwise noted, these terms 161 does impose reporting or 161.17 Benefits for surviving dependents. and their definitions are for the purpose 161.18 Benefits for abused dependents. recordkeeping requirements under the of this part. 161.19 Benefits for former spouses. 20/20/20, 20/20/15, or 10/20/10. See Paperwork Reduction Act of 1995. The 161.20 Benefits for civilian personnel. Application for Department of Defense 161.21 Benefits for retired civilian definition of ‘‘former spouse.’’ Identification Card/DEERS Enrollment personnel. Access to a DoD network. User logon collection has been cleared by OMB and 161.22 Benefits for foreign affiliates. to a Windows active directory account assigned OMB Control Number 0704– on the Nonsecure Internet Protocol 0415. Authority: 10 U.S.C. 1061–1064, 1072– Router Network (NIPRNet) or an 1074, 1074a–1074c, 1076, 1076a, 1077, and authorized network operating system Executive Order 13132, ‘‘Federalism’’ 1095(k)(2), and 18 U.S.C. 499, 506, 509, 701, account on the NIPRNet. and 1001. It has been certified that 32 CFR part Access to a DoD network (remote). 161 does not have federalism Subpart A—Identification (ID) Cards for Authorized NIPRNet users accessing a implications, as set forth in Executive Members of the Uniformed Services, NIPRNet resource from: Order 13132. This rule does not have Their Dependents, and Other Eligible (1) Another NIPRNet resource outside substantial direct effects on: Individuals of the originating domain; or (1) The States; (2) An authorized system that resides (2) The relationship between the § 161.1 Purpose. outside of the NIPRNet. This includes National Government and the States; or This part: domain-level access from handheld

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devices. Remote access includes logon of the issuer, or have a means to validate (available at http://www.dtic.mil/whs/ for the purposes of telework, Virtual the authenticity of the document by a directives/corres/pdf/133017p.pdf). Private Network, and remote reference or source number, or be a Competitive service positions. See 5 administration by DoD or non-DoD notarized legal document or other U.S.C. 2102. personnel. document approved by a Judge Contingency operation. Defined in Active duty. Full-time duty in the Advocate, or have the appropriate Joint Publication 1–02 (available at active military service of the United certificate of authentication by a U.S. http://www.dtic.mil/doctrine/new_pubs/ States. This includes full-time training Consular Officer in the foreign country jp1_02.pdf). duty, annual training duty, and of issuance which attests to the Contractor employee. An employee of attendance, while in the active military authenticity of the signature and seal. a firm, or individual under contract or service, at a school designated as a Certified English translation. See subcontract to the DoD, designated as service school by law or by the requirements for certified document. providing services or support to the Secretary of the Military Department CHC. Medical care provided through Department. concerned. Active duty does not include the TRICARE program including Contractors authorized to accompany full-time National Guard duty. networks of CHC professionals, the force. Defined in Joint Publication Active duty for a period of more than institutions, pharmacies, and suppliers 1–02. 30 days. Active duty under a call or to provide access to high-quality health Cross-servicing. Agreement amongst order that does not specify a period of care services. all uniformed services to assist members 30 days or less. When the ‘‘Active Duty Child. A natural child, stepchild, or regardless of the ‘parent service’ of that for a Period of More than 30 Days’’ is adopted child of the sponsor who is member or their dependents for all established by consecutive sets of younger than 21 years of age. If 21 or matter ID card or benefits related when orders, their eligible dependents become older, the child may remain entitled if appropriate. entitled to TRICARE medical benefits on he or she is: Defense Enrollment Eligibility (1) 21 or 22 years old and enrolled in the first day of the set of orders that Reporting System (DEERS). The brings the period of active duty over 30 a full-time course of education. (2) 21 or older but incapable of self- definitive centralized person data days. repository of identity and enrollment Adopted child. A child adopted support because of a mental or physical and eligibility verification data and before the age of 21 or, if enrolled in a incapacity that existed before the 21st associated contact information on full-time course of study at an birthday. members of the DoD Components, institution of higher learning, before the (3) 21 or 22 years old and was members of the Uniformed Services, age of 23. Except for entitlement to enrolled full-time in an accredited and other personnel as designated by medical care, a child with an institution of higher learning but the DoD, and their eligible dependents incapacitating condition that existed became incapable of self-support and associated contact information. before the age of 21 or that occurred because of a mental or physical Dependent. An individual whose while the child was a full-time student condition while a full-time student. relationship to the sponsor leads to prior to the age of 23, may be adopted Civilian employee. DoD civilian entitlement to benefits and privileges. at any age provided it is determined that employees, as defined in 5 U.S.C. 2105 there is a BONA FIDE parent-child are individuals appointed to positions Direct Care (DC). Medical care that relationship. Surviving children by designated officials. Appointments to TRICARE provides through the health adopted by a non-military member after appropriated fund positions are either care resources of the uniformed services the death of the sponsor remain eligible permanent or time-limited and the through their clinics and MTFs. This for medical care only. employees are on full-time, part-time, or does not include any medical care Annulled. The status of an individual, intermittent work schedules. In some provided through the TRICARE CHC whose marriage has been declared a instances, the appointments are network. nullity by a court of competent seasonal with either a full-time, part- Dual eligible. A person who is entitled jurisdiction, that restores unremarried time, or intermittent work schedule. to Medicare Part A and enrolled in status to a widow, widower, or former Positions are categorized further as Medicare Part B and is also entitled to spouse for reinstatement of benefits. Senior Executive Service (SES), TRICARE medical benefits, in Attainment of age 65. The first day of Competitive Service, and Excepted accordance with section 706 of Public the month of the anniversary of the 65th Service positions. In addition, DoD Law 106–398 and Public Law 102–190, birthday, unless the birthday falls on the employs individuals paid from NAFs, as ‘‘National Defense Authorization Act for first of the month. If the birthday is the well as foreign national citizens outside Fiscal Years 1992 and 1993’’ (available first of the month, attainment of age 65 the United States, its territories, and its at http://thomas.loc.gov/cgi-bin/query/ ∼ occurs on the first day of the preceding possessions, in DoD activities overseas. C?c102:./temp/ c102UvpYbH). month. The terms and conditions of host-nation Dual status. A person who is entitled Benefits. Entitlements or privileges citizen employment are governed by to privileges from two sources (e.g., a that are assigned to a person or group controlling treaties, agreements, and retired member, who is also the of persons. memoranda of understanding with the dependent of an active duty member; a CAC PIN reset (CPR). A portable, foreign nations. retired-with-pay member who is single-purpose system capable of Civilian noncombatant personnel. employed overseas as a civilian by the providing timely PIN reset capability to Personnel who have been authorized to U.S. Government and is qualified for the field without requiring a Common accompany military forces of the United logistical support because of that Access Card (CAC) holder to return to States in regions of conflict, combat, and civilian employment; a member of a a CAC issuance facility (i.e. Real-Time contingency operations and who are Reserve Component who is an eligible Automated Personnel Identification liable to capture and detention by the dependent of an active duty military System (RAPIDS), workstation). enemy as POWs. sponsor; or a child, who is the natural Certified document. Must be a Commissary. A benefit granted to child of one sponsor and the stepchild certified true original and should eligible personnel in accordance with and member of a household of another convey the appropriate seal or markings this part and DoD Instruction 1330.17 sponsor).

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Eligibility documentation. Properly Excepted service positions. Defined in (3) A spouse whose marriage was certified birth certificate or certificate of 5 U.S.C. 2103. terminated from a uniformed service live birth authenticated by attending Exchange. A benefit that is extended member who has their eligibility to physician or other responsible person to eligible individuals in accordance receive retired pay terminated as a from a U.S. hospital or a MTF showing with DoD Instruction 1330.21. result of misconduct based on Service- the name of at least one parent; properly Family member. An individual who documented abuse of the spouse and certified marriage certification; properly receives benefits based on his or her has 10 years of marriage, 20 years of certified final decree of divorce, association to a sponsor. A family creditable service for retirement, 10 dissolution, or annulment of marriage member is often a dependent. years of overlap between the marriage and statements attesting to Federally controlled facility. Defined and the service (referred to as 10/20/10). nonremarriage and status of employer- in Office of Management and Budget The benefits eligibility begins on the sponsored healthcare; court order for (OMB) Memorandum M–05–24, date of divorce. adoption or guardianship; statement of ‘‘Implementation of Homeland Security Foster child. A child without parental incapacity from a physician or Presidential Directive (HSPD) 12— support and protection, placed with a personnel or medical headquarters of Policy for a Common Identification person or family, usually by local sponsor’s parent uniformed service; Standard for Federal Employees and welfare services or by court order. The letter from school registrar; retirement Contractors’’ (available at http:// foster parent(s) do not have custody, nor orders (providing entitlement to retired www.whitehouse.gov/sites/default/files/ is there an adoption, but they are pay is established) or DD Form 214 omb/memoranda/fy2005/m05-24.pdf). expected to treat the foster child as they ‘‘Certificate of Release or Discharge from Foreign affiliate. An individual who is would their own in regard to food, Active Duty;’’ DD Form 1300, ‘‘Report of a foreign national, either foreign housing, clothing, and education. This Casualty;’’ certification from the civilian; foreign contractor; or foreign is a non-medically entitled dependent. Full-time work schedule. Full-time Department of Veterans’ Affairs of 100 uniformed services personnel who employment with a basic 40-hour work percent disabled status; orders awarding through assignment, temporary duty, Medal of Honor (MOH); formal week. school, training, policy board, or other ID card sponsor. The person affiliated determination of eligibility for Medicare defined agreement is affiliated with the to a DoD or other Federal agency who Part A benefits from the Social Security DoD. They are identified to the DoD for takes responsibility for verifying and Administration (SSA); civilian benefits and DoD ID card purposes. authorizing the applicant’s need for an personnel records; and invitational Foreign national civilians and ID card. travel orders. contractors. A category of personnel that Inactive National Guard (ING). Part of Entitlements. Rights or authorities are CAC-eligible if sponsored by their the Army National Guard. These that are provided based on legislative government as part of an official visit or individuals are Reservists who are statute. assigned to work on a DoD facility and/ attached to a specific National Guard Entry level separation. As defined in or require access to DoD networks both unit, but who do not participate in DoD Instruction 1332.14, ‘‘Enlisted on site or remotely (remote access must training activities. On mobilization, they Administrative Separations’’ (available be on an exception only basis for this shall mobilize with their assigned units. at http://www.dtic.mil/whs/directives/ category). These members muster with their units corres/pdf/133214p.pdf), an enlisted Former member. An individual who once a year. Issuance of DD Form 1173– service member is considered in an is eligible to receive retired pay, at age 1 ‘‘United States Uniformed Services entry-level status during the first 180 60, for non-regular service pursuant to Identification and Privilege Card (Guard days of continuous active military 10 U.S.C. chapter 1223 but who has and Reserve Family Member)’’ to ING service, or the first 180 days of been discharged and who maintains no dependents is mandatory. continuous active service after a service military affiliation. These former Incapacitated person. An individual break of more than 92 days of active members, at age 60, and their eligible who is impaired by physical disability, service. A Service member of a Reserve dependents are entitled to medical care, mental illness, mental deficiency, or Component who is not on active duty or commissary, exchange, and MWR other causes that prevent sufficient who is serving under a call or order to privileges. Under age 60, they and their understanding or capacity to active duty for 180 days or less begins eligible dependents are entitled to competently manage his or her own entry-level status upon enlistment in a commissary, exchange, and MWR affairs. Reserve Component. Entry-level status privileges only. Institution of higher learning. A for such a Service member of a Reserve Former spouse. An individual who college, university, or similar Component terminates as follows: was married to a uniformed services institution, including a technical or (1) 180 days after beginning training member for at least 20 years, and the business school, offering post if the Service member is ordered to member had at least 20 years of service secondary-level academic instruction active duty for training for one creditable toward retirement, and the that leads to an associate or higher continuous period of 180 days or more; marriage overlapped as follows: degree, if the school is empowered by or (1) 20 years marriage, 20 years the appropriate State education (2) 90 days after the beginning of the creditable service for retirement, and 20 authority under State law to grant an second period of active duty training if years overlap between the marriage and associate or higher degree. When there the Service member is ordered to active the service (referred to as 20/20/20). The is no State law to authorize the granting duty for training under a program that benefits eligibility begins on the date of of a degree, the school may be splits the training into two or more divorce; recognized as an institution of higher separate periods of active duty. For the (2) 20 years marriage, 20 years learning if it is accredited for degree purposes of characterization of service creditable service for retirement, and 15 programs by a recognized accrediting or description of separation, the Service years overlap between the marriage and agency. The term also includes a member’s status is determined by the the service (referred to as 20/20/15). The hospital offering educational programs date of notification as to the initiation benefits eligibility begins on the date of at the post secondary level regardless of of separation proceedings. divorce; or whether the hospital grants a post

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secondary degree. The term also employment in nonsensitive positions (3) Between the ages of 21 and 23 and includes an educational institution that and for individuals requiring eligibility enrolled in a full-time course of study is not located in a State that offers a for logical and physical access. The at an institution of higher learning course leading to a standard college NACI consists of a records check (of approved by the administering degree or equivalent and is recognized designated agencies of the Federal Secretary; and is: as such by the Secretary of Education Government that maintain record (4) Dependent on the member or (or comparable official) of the country or systems containing information relevant former member for over one-half of the other jurisdiction in which the to making a personnel security student’s support; or institution is located. determination) plus Written Inquiries to (5) Dependent on the member or Individual Ready Reserve (IRR). law enforcement agencies, former former member for over one-half of the Trained individuals who have employers and supervisors, references student’s support at the time of the previously served in the active and schools covering the last 5 years. member’s or former member’s death. component or Selected Reserve (SelRes) Nonappropriated fund (NAF) (6) Incapable of self support because and have time remaining on their employees. NAF employees are Federal of a mental or physical incapacity that military service obligation. Includes employees within the Department who occurred while the person was volunteers who do not have time are paid from NAFs. 5 U.S.C. 2105 considered a dependent of the member remaining on the military service explains the status of NAF employees as or former member; and: obligation, but are under contractual Federal employees. (7) Is dependent on the member or agreement to be a member of the IRR. Non-regular service retirement. A former member for over one-half of the These individuals are mobilization person who, as a member of the Ready person’s support or was at the time of assets and may be called to active duty Reserve, serves on active duty or the member’s or former member’s death. pursuant to the provisions of 10 U.S.C. performs active service, after the date of (8) Resides with the member or former chapter 1209. Issuance of DD Form the enactment of sections 647 and 1106 member unless separated by the 1173–1 to IRR dependents is mandatory. of Public Law 110–181 and may receive necessity of military service or to Intergovernmental Personnel Act retired pay in accordance with 10 U.S.C. receive institutional care as a result of (IPA) employees. The IPA mobility 12731. Under these provisions the disability or incapacitation. Privileges. Rights or authorities that program provides temporary assignment eligibility age for applying for retired are provided based on position, of personnel between the Federal pay shall be reduced below 60 years of authority, or status and may be removed Government and State and local age by 3 months for each aggregate of 90 by proper authority. governments, colleges and universities, days on which the member performs in Indian tribal governments, federally Ready Reserve. Military members of any fiscal year after such date, providing the National Guard and Reserve, funded research and development the applicant is at least 50 years of age. centers, and other eligible organizations. organized in units or as individuals, However, the member must be age 60 to liable for recall to active duty to Intermittent work schedule. qualify for CHC and CD. Employment without a regularly augment the active components in time Part-time work schedule. Part-time of war or national emergency. The scheduled tour of duty. employment of 16 to 32 hours a week Medicare. Health insurance for people Ready Reserve consists of three Reserve under a schedule consisting of an equal age 65 or older, under 65 with certain Component subcategories: The SelRes, or varied number of hours per day. disabilities, and any age with end-stage the IRR, and the ING. Permanent employee. Career or renal disease. The different parts of Remarried parent. A dependent career-conditional appointment in the Medicare help cover specific services if parent of a deceased military member Competitive or SES or an appointment certain conditions are met. who loses dependency-based eligibility (1) Medicare part A. Covers hospice in the Excepted Service that carries no for benefits on remarriage. care, home health care, skilled nursing restrictions or conditions. Retired Reserve entitled to pay at age facilities, and inpatient hospital stays. Placement agency (recognized by the 60 (Gray Area Retirees). Reserve (2) Medicare part B. Covers doctors’ Secretary of Defense). An authorized members who have completed 20 services, outpatient hospital care, and placement agency in the United States qualifying years for retirement and are other medical services that Part A does or U.S. territories must be licensed for entitled to receive pay at age 60, but not cover, such as physical and adoption by the State or territory in have not yet reached age 60. Reserve occupational therapy. Other examples which the adoption procedures will be Retirees and their dependents receive include X-rays, medical equipment, or completed. In all other locations, a commissary, MWR, and exchange limited ambulance service. request for recognition must be benefits until the sponsor receives Member. An individual who is approved by the appropriate Assistant retired pay. Individuals may be recalled affiliated with a Service, either active Secretary of the Military Department to active duty in accordance with 10 duty, Reserve, active duty retired, or concerned or an appropriate official to U.S.C. Retired Reserve. Retired members are whom he or she has delegated approval Seasonal employment. Annually not former members. Also referred to as authority. recurring periods of work of less than 12 the sponsor. Pre-adoptive child. With respect to months each year. Seasonal employees MWR. A benefit that is extended to determinations of dependency made on generally are permanent employees who eligible individuals in accordance with or after October 5, 1994, an unmarried are placed in non-duty or non-pay status DoD Instruction 1015.10, ‘‘Military person who is placed in the home of the and recalled to duty in accordance with Morale, Welfare, and Recreation (MWR) member or former member by a pre-established conditions of Programs’’ (available at http:// placement agency (recognized by the employment. Seasonal employees may www.dtic.mil/whs/directives/corres/pdf/ Secretary of Defense) in anticipation of have full-time, part-time, or intermittent 101510p.pdf). the legal adoption of the person by the work schedules. National Agency Check with Inquiries member or former member; AND is: Selected Reserve (SelRes). Those (NACI). Is the minimum investigation (1) Younger than 21 years of age and National Guard and Reserve units and conducted by the Office of Personnel (2) Not an eligible dependent of any individuals within the Ready Reserve Management (OPM) for federal other member or a former member; or, designated by their respective Services

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and approved by the Chairman of the Program, a voluntary insurance program on October 14, 2008 extended THC Joint Chiefs of Staff, as so essential to for sponsors and eligible dependents benefits to a uniformed service member initial wartime missions that they have separating from active service; pre- who is separated from active duty who priority over all other Reserves. They separation counseling service for agrees to become a member of the must be prepared to mobilize within 24 separating uniformed services members; SelRes of the Ready Reserve of a Reserve hours. The issuance of DD Form 1173– and various other transitional Component. 1 to their dependents and participation initiatives. Uniformed service members Trusted Agent (TA). An individual in the Guard and Reserve DEERS separated as uncharacterized entry-level appointed by a TASM that serves as a Enrollment Program are mandatory. separations do not qualify for THC. sponsor for eligible populations within Service Project Officer (SPO). The Section 706 of Public Law 108–375 TASS, utilizes TASS to register data for uniformed services, National Guard and replaced the TAMP with the THC the DD Form 1172–2 (available at Reserve Component, and agency-level program. Section 651 of Public Law http://www.dtic.mil/whs/directives/ office that coordinates with OUSD(P&R) 110–181 included the 2-year infomgt/forms/eforms/dd1172–2.pdf), on policy and functional matters related commissary and exchange privilege for re-verifies CAC holder affiliation, and to DEERS, RAPIDS, and Trusted involuntarily separated uniformed revokes CACs. Associate Sponsorship System (TASS), service members. The DoD added MWR Trusted Agent Security Manager and manages ID card operations within to the benefit set and extended the same (TASM). An individual appointed by a the respective organization. benefits to the eligible dependents. To SPO to oversee the activity for a specific SES positions. Appropriated fund qualify for benefits under this program, TASS site and associated TAs. These positions in an agency classified above individuals must be separated with individuals also serve in the TA role. General Service-15 pursuant to 5 U.S.C. service characterized as honorable or Trusted Associate Sponsorship 5108 or in level 4 or 5 of the Executive general under honorable conditions System (TASS) (formerly known as Schedule, or an equivalent position, meeting the separation reasons Contractor Verification System (CVS)). which is not required to be filled by an identified in 10 U.S.C. 1145. The THC A Web application used to verify that appointment by the President by and program is a permanent program and CAC applicants have the appropriate with the advice and consent of the made the medical eligibility 180 days government sponsorship for the purpose Senate. for all eligible uniformed service of issuing CACs. The TASS web Site security manager (SSM). The members and eligible dependents. interface automates the DD Form 1172– SPO-appointed individual that manages Enlisted uniformed service members 2 for tracking the request process and the daily operations at a RAPIDS site to discharged for reasons of misconduct, updating DEERS with applicant include managing users, cardstock, and discharge in lieu of court-martial, or information required for CAC issuance. consumables. other reasons for which service The system also provides a mechanism Sponsor. The prime beneficiary who normally is characterized as under other for periodic re-verification of contractor derives his or her eligibility based on than honorable conditions are not eligibility to ensure that information is individual status rather than eligible for transition benefits. Officers current and contractor CACs do not dependence of another person. This discharged as a result of resignation in remain active when not appropriate. beneficiary receives benefits based on lieu of trial by court-martial, or This capability will be expanded to his or her direct affiliation to the DoD. misconduct or moral or professional support registration and background Spouse. A person legally married dereliction if the discharge could be investigation confirmation for under the law of the place in which the characterized as under other than additional CAC eligible populations. marriage was celebrated to a current, honorable conditions are not eligible for Unmarried. A widow or widower who former, or retired uniformed service transition benefits. Pursuant to 10 remarried and whose marriage member, eligible civilian employee, or U.S.C. 1145, the qualifying periods of terminated by death or divorce, or a other eligible individual, in accordance active duty include: former spouse whose subsequent with Part 1 and Part 2, regardless of (1) A member who is involuntarily remarriage ended by death or divorce. gender or state of residence. separated from active duty. Unremarried. A widow or widower Standby Reserve. Personnel who (2) A member of a Reserve Component who has never remarried, or a former maintain their military affiliation who is separated from active duty to spouse whose only remarriage was to without being in the Ready Reserve, which called or ordered in support of a the same military sponsor (periods of who have been designated key civilian contingency operation if the active duty marriage in this case may be combined employees, or who have a temporary is for a period of more than 30 days. to document eligibility for former hardship or disability. These (3) A member who is separated from spouse benefits). individuals are not required to perform active duty for which the member is Verifying Official (VO). An individual training and are not part of units. These involuntarily retained in accordance who is responsible for validating individuals are trained and could be with 10 U.S.C. 12305 in support of a eligibility of bona fide beneficiaries to mobilized, if necessary, to fill contingency operation. receive benefits and entitlements. manpower needs in specific skills. (4) A member who is separated from Ward. An unmarried person whose Temporary assignment. An active duty served pursuant to a care and physical custody has been appointment for a specified period not voluntary agreement of the member to entrusted to the sponsor by a legal to exceed 1 year. A temporary remain on active duty for a period of decree or other instrument that a court assignment can be extended up to a less than 1 year in support of a of law or placement agency (recognized maximum of 1 additional year. contingency operation. by the Secretary of Defense) issues. Transitional Health Care (THC). A (5) A member who receives a sole Includes foster children and children for healthcare system, formerly known as survivorship discharge (as defined in 10 whom a managing conservator has been Transition Assistance Management U.S.C. 1174); or designated. Wards must be dependent Program (TAMP), instituted in section (6) A member who is separated from on the sponsor for over half of their 502 of Public Law 101–510. It includes active duty who agrees to become a support. An identification card issued to pre-separation and separation services, member of the SelRes. Section 734 of a ward may reflect entitlement to the Continued Health Care Benefit Public Law 110–417, which took effect medical care benefits with respect to

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determinations of dependency made on as proof of identity and DoD affiliation (available at http://www.dtic.mil/whs/ or after July 1, 1994, for children who for eligible communities that do not directives/corres/pdf/832003p.pdf). are placed in the legal custody of the require the Federal PIV card that (b) The Assistant Secretary of Defense member or former member as a result of complies with Homeland Security for Reserve Affairs (ASD(RA)), under the an order of a court of competent Presidential Directive 12 and FIPS authority, direction, and control of the jurisdiction in the United States (or a Publication 201–1, ‘‘Personal Identity USD(P&R), shall develop policies and territory or possession of the United Verification (PIV) of Federal Employees establish guidance for the National States) for a period of at least 12 and Contractors’’ (available at http:// Guard and Reserve Component consecutive months; and either: csrc.nist.gov/publications/fips/fips201- communities that affect benefits, (1) Has not attained the age of 21; 1/FIPS-201-1-chng1.pdf). entitlements, identity, and ID cards. (2) Has not attained the age of 23 and (c) The Deputy Assistant Secretary of is enrolled in a full-time course of study § 161.5 Responsibilities. Defense for Military Community and at an institution of higher learning (a) The USD(P&R) shall: Family Policy (DASD(MC&FP)), under approved by the administering (1) Oversee implementation of the the authority, direction, and control of Secretary; procedures within this part. the USD(P&R), shall develop policy and (3) Is incapable of self support (2) Establish overall policy and procedures to determine eligibility for because of a mental or physical procedures for the issuance of ID cards access to DoD programs for MWR; incapacity that occurred while the to members of the uniformed services, commissaries; exchanges; lodging; person was considered a dependent of their dependents, and other eligible children and youth; DoD schools; family the member or former member; or individuals. support; voluntary and post-secondary (4) Is dependent on the member or (3) Establish minimum acceptable education; and other military former member for over one-half of the criteria for establishment and community and family benefits that person’s support; resides with the confirmation of personal identity, policy affect identity and ID cards. member or former member unless for the issuance of the DoD enterprise (d) The Director, Defense Human separated by the necessity of military personnel identity credentials, and Resources Activity (DHRA), under the service or to receive institutional care as approve of additional systems under the authority, direction, and control of the a result of disability or incapacitation or PIP Program in accordance with DoD USD(P&R), shall, in accordance with under such other circumstances as the Directive 1000.25. DoD Directive 1000.25: administering Secretary may by (4) Act as the Principal Staff Assistant (1) Develop policies and procedures regulation prescribe; and is not a (PSA) for the DEERS, the RAPIDS, and for the oversight, funding, personnel dependent of a member or a former the Personnel Identity Protection (PIP) staffing, direction, and functional member under any other subparagraph. Program in accordance with DoD management of the PIP Program. Widow. The spouse of a deceased Directive 1000.25. (2) Coordinate with the Principal male in the uniformed services. (5) Maintain the DEERS data system Under Secretary of Defense for Health Widower. The spouse of a deceased in support of the Department of Defense Affairs (ASD(HA)), and the ASD(RA) on female in the uniformed services. in accordance with applicable law and changes to enrollment and eligibility directives. policy and procedures pertaining to § 161.4 Policy. personnel, medical, and dental issues (6) Develop and field the required (a) It is DoD policy that a distinct DoD that affect the PIP Program. RAPIDS infrastructure and all elements ID card shall be issued to uniformed (3) Develop policies and procedures of field support to issue ID cards service members, their dependents, and to support the functional requirements including but not limited to software other eligible individuals and will be of the PIP Program, DEERS, and the distribution, hardware procurement and used as proof of identity and DoD DEERS client applications. affiliation. installation, on-site and depot-level (4) Secure funding in support of new (b) DoD ID cards shall serve as the hardware maintenance, on-site and requirements to support the PIP Geneva Convention Card for eligible Web-based user training and central Program or the enrollment and personnel in accordance with DoD telephone center support, and eligibility functions of DEERS and Instruction 1000.1, ‘‘Identity Cards telecommunications engineering and RAPIDS. Required by the Geneva Convention’’ network control center assistance. (5) Approve the addition or (available at http://www.dtic.mil/whs/ (7) In coordination with the Under elimination of population categories directives/corres/pdf/100001p.pdf). Secretary of Defense for Intelligence eligible for ID cards in accordance with (c) DoD ID cards shall be issued (USD(I)), the Under Secretary of Defense applicable law. through a secure and authoritative for Acquisition, Technology, and (6) Establish the type and form of ID process in accordance with DoD Logistics (USD(AT&L)), and the DoD card issued to eligible populations Directive 1000.25, ‘‘DoD Personnel Chief Information Officer (DoD CIO) categories and administer pilot Identity Protection (PIP) Program’’ establish policy and oversight for CAC programs to determine the suitable form (available at http://www.dtic.mil/whs/ life-cycle compliance with FIPS of ID card for newly identified directives/corres/pdf/100025p.pdf). Publication populations. (d) The CAC, a form of DoD ID card, 201–1. (e) The USD(AT&L) shall: shall serve as the Federal Personal (8) Establish procedures that will (1) Update the Defense Federal Identity Verification (PIV) card for DoD uniquely identify personnel with Acquisition Regulation Supplement implementation of Homeland Security specific associations with the (DFARS), current edition (available at Presidential Directive 12, ‘‘Policy for a Department of Defense and maintain the http://www.acq.osd.mil/dpap/dars/ Common Identification Standard for integrity of the unique personnel dfarspgi/current/index.html) to support Federal Employees and Contractors’’ identifier in coordination with the DoD requirements for CAC and Homeland (available at http://www.dhs.gov/ Components in accordance with DoD Security Presidential Directive 12 for xabout/laws/gc_1217616624097.shtm). Directive 8320.03, ‘‘Unique contracts. (e) ID cards, in a form distinct from Identification (UID) Standards for a Net- (2) Ensure that the requirement for the CAC, shall be issued and will serve Centric Department of Defense’’ contractors to return CACs at the

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completion or termination of each (4) Establish processes and Services Personnel Advisory individual’s support on a specific procedures as part of the normal check- Committee. contract is included in all applicable in and check-out process for collection (2) Comply with the provisions of this contracts. of the CAC for all categories of DoD part and other related policy and (f) The USD(I) shall: personnel and contractor employees procedural guidance from the (1) Establish policy for the use of DoD when there is a separation, retirement, Department of Defense. termination, contract termination or issued ID cards for physical access § 161.6 Procedures. purposes in accordance with DoD expiration, or CAC revocation. Since (a) The DoD ID card life cycle shall be 5200.08–R, ‘‘Physical Security Program’’ CACs contain personally identifiable supported by an infrastructure that is (available at http://www.dtic.mil/whs/ information (PII), they shall be treated predicated on a systems-based model for directives/corres/pdf/520008r.pdf). and controlled in accordance with 32 credentialing as described in FIPS (2) Establish policy for military, CFR part 310, and DoD 5200.1–M, Publication 201–1. Paragraphs (a)(1) civilian, and contractor employee Volume 4, ‘‘DoD Information Security through (7) of this section represent the background investigation, submission, Program: Controlled Unclassified baseline requirements for the life cycle and adjudication across the Department Information (CUI)’’ (available at http:// of all DoD ID cards. The specific of Defense, in compliance with www.dtic.mil/whs/directives/corres/pdf/ procedures and sequence of order for Homeland Security Presidential 520001_vol4.pdf). CACs shall be these items will vary based on the Directive 12 and Office of Personnel returned to any RAPIDS issuance applicant’s employment status or Management Memorandum, ‘‘Final location for proper disposal in a timely affiliation with the DoD and the type of Credentialing Standards for Issuing manner once surrendered by the CAC ID card issued. Detailed procedures of Personal Identity Verification (PIV) holder. the ID card life cycle for each category Cards Under HSPD–12’’ (available at (5) Provide appropriate space and of applicant and type of ID card shall be http://www.opm.gov/investigate/ staffing for all DoD ID card issuing _ _ operations, as well as reliable provided by the responsible agency. resources/final credentialing (1) Sponsorship and eligibility. standards.pdf). telecommunications to and from the Defense Information Systems Agency Sponsorship shall incorporate the (g) The DoD CIO shall: processes for confirming eligibility for (1) In coordination with the USD(I), managed Non-Classified Internet Protocol Router Network. an ID card. The sponsor is the person USD(P&R), and USD(AT&L), establish affiliated with the DoD or other Federal policy and oversight for CAC life-cycle (6) Provide funding for CAC cardstock, printer consumables, and agency who takes responsibility for compliance with Federal Information verifying and authorizing the Processing Standards Publication electromagnetically opaque sleeves to Defense Manpower Data Center applicant’s need for an ID card. 201–1. Applicants for a CAC must be sponsored (2) Provide guidance regarding the use (DMDC). (7) Protect cardstock and consumables by a DoD government official or of DoD and non-DoD identification employee. credentials on DoD information systems, in accordance with the guidelines and standards issued and maintained by (2) Registration and enrollment. including the Federal PIV cards, for Sponsorship and enrollment authenticating to DoD network accounts DMDC. (8) In accordance with Federal information on the ID card applicant and DoD private Web sites. Information Processing Standards shall be registered in DEERS prior to (3) Ensure that the DoD Public Key Publication 201–1, provide card issuance. Infrastructure (PKI) conforms to all electromagnetic opaque sleeves or other (3) Background investigation. A applicable FIPS to the greatest extent comparable technologies to protect background investigation is required for possible. against any unauthorized contactless those individuals eligible for a CAC. A (h) The Heads of the DoD access to the cardholder unique background investigation is not Components, the Director, USPHS, and identification number stored on the currently required for those eligible for the NOAA Administrator, shall: CAC. other forms of DoD ID cards. Sponsored (1) Develop and implement (9) Manage the distribution and CAC applicants shall not be issued a Component-level procedures for DoD locations of CAC personal identification CAC without a favorably adjudicated directed policies and statutory number (PIN) reset workstations. background investigation stipulated in requirements to support benefits (10) To the maximum extent possible, FIPS Publication 201–1. Applicants that eligibility through DEERS. and in accordance with DoD have been denied a CAC based on an (2) Develop and implement Components’ designated accrediting unfavorable adjudication of the Component-level ID card life-cycle authority guidelines, ensure networked background investigation may submit an procedures to comply with the workstations are properly configured appeal in accordance with FIPS provisions of this Instruction. and available for CAC holders to use the Publication 201–1 and Office of (3) Ensure all DoD employees, User Maintenance Portal-Post Issuance Personnel Management Memorandum, uniformed service members, and all Portal (UMP–PIP) service. ‘‘Final Credentialing Standards for other eligible CAC applicants, including (11) Oversee supervision of TASS TAs Issuing Personal Identity Verification contractor employees and other affiliate and TA security managers and ensure Cards under HSPD–12.’’ CAC applicants, have met the the number of contractors overseen by (4) Identity and eligibility verification. background investigation requirements any TA is manageable. Identity and eligibility verification shall referenced in paragraph (a)(3) of § 161.6 (i) The Secretaries of the Military be completed at a RAPIDS workstation. of this part prior to approving CAC Departments; Director, USPHS; and Verifying officials (VOs) shall inspect sponsorship and registration. Administrator, NOAA, shall: identity and eligibility documentation Background investigation status must be (1) Appoint project officers from a and RAPIDS shall authenticate verified and documented by the sponsor level that represents the Service individuals to ensure that ID cards are or sponsoring organization in position of the active, National Guard, provided only to those sponsored and conjunction with application for CAC and Reserve Components for personnel with a current affiliation with the DoD. issuance. policy to serve on the Joint Uniformed RAPIDS shall also capture uniquely

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identifying characteristics that bind an eligibility in the United States for access (8) An ID card shall be in the personal individual to the information to, for example, commissary or custody of the individual to whom it maintained on that individual in DEERS exchange facilities, the use of such was issued at all times. If required by and to the ID card issued by RAPIDS. facilities overseas may be limited to military authority, it shall be These characteristics may include, but persons who are stationed or performing surrendered for ID or investigation. are not limited to, digital photographs temporary duty in a foreign country (c) CAC migration to Federal PIV and fingerprints. under official orders in support of a requirements. The DoD is migrating the (5) Issuance. ID cards shall be issued mutual defense mission with the host CAC to meet the Federal requirements at the RAPIDS workstation after all nation. ID cards shall be issued only for for credentialing contained within sponsorship, enrollment and the purposes identified in and in Homeland Security Presidential registration, background investigation accordance with this Instruction, and Directive 12 and FIPS Publication 201– (CAC only), and identity and eligibility the Heads of the DoD Components shall 1. Migration will take place over verification requirements have been use other means, such as ration cards, multiple years as the card issuance satisfied. to implement provisions in hardware, software, and supporting (6) Use and maintenance. ID cards international agreements or to prevent systems and processes are upgraded. shall be used as proof of identity and violations of applicable host-nation law. Successful migration will require DoD affiliation to facilitate access to ID cards shall not be issued for the sole coordination and collaboration within DoD facilities and systems. purpose of implementing provisions of and among all CAC communities (e.g., Additionally, ID cards shall represent international agreements or restrictions personnel security, operational security, authorization for entitled benefits and based on applicable host-nation law. industrial security, information security, privileges in accordance with DoD (3) All ID cards are property of the physical security, and information policies. U.S. Government and shall be returned technology). The organizations listed in (7) Retrieval and revocation. ID cards upon separation, resignation, firing, this section will support the migration shall be retrieved by the sponsor or termination of contract or affiliation in conjunction with the responsibilities sponsoring organization when the ID with the DoD, or upon any other event listed in § 161.5: card has expired, when it is damaged or in which the individual no longer (1) The Director, DMDC shall: compromised, or when the card holder requires the use of such ID card. (i) Procure and distribute CAC is no longer affiliated with the DoD or (4) To prevent any unauthorized use, consumables, including card stock, no longer meets the eligibility ID cards that are expired, invalidated, electromagnetically opaque sleeves, and requirements for the card. The active stolen, lost, or otherwise suspected of printer supplies, commensurate with status of an ID card shall be revoked potential or actual unauthorized use funding received from the DoD within the DEERS and RAPIDS shall be revoked in DEERS along with Components. infrastructure and the PKI certificates on the PKI certificates on the CACs (ii) In coordination with the Office of the CAC shall be revoked. immediately revoked. the Under Secretary of Defense for (b) The guidelines and restrictions of (5) There are instances where Policy, establish an electronic process this paragraph apply to all forms of DoD graphical representations of ID cards are for securing CAC eligibility information ID cards. necessary to facilitate the DoD mission. on foreign government military, (1) Any person willfully altering, When used and distributed, the replicas employee, or contract support personnel damaging, lending, counterfeiting, or must not be the same size as the ID card, whose visit status and background using these cards in any unauthorized must have the word ‘‘SAMPLE’’ written investigation has been confirmed, manner is subject to fine or on them, and shall not contain an documented, and processed in imprisonment or both, as prescribed in individual’s PII. All SAMPLE ID cards accordance with DoD Directive 5230.20, 18 U.S.C. 499, 506, 509, 701, and 1001. must be maintained in a controlled ‘‘Visits and Assignments of Foreign Section 701 of 18 U.S.C. prohibits environment and shall not serve as a Nationals’’ (available at http:// photographing or otherwise reproducing valid ID. www.dtic.mil/whs/directives/corres/pdf/ or possessing DoD ID cards in an (6) Individuals within the DoD who 523020p.pdf). unauthorized manner, under penalty of have multiple personnel category codes (iii) In accordance with FIPS fine or imprisonment or both. (e.g., an individual who is both a Publication 201–1, electronically Unauthorized or fraudulent use of ID reservist and a contractor) shall be capture and store source documents in cards would exist if bearers used the issued a separate ID card in each the identity-proofing process at the card to obtain benefits and privileges to personnel category for which they are accession points for eligible ID card which they are not entitled. Examples of eligible. Multiple current ID cards of the holders. authorized photocopying include same form (e.g., CAC) shall not be (iv) Implement modifications to the photocopying of DoD ID cards to issued or exist for an individual under CAC applets and interfaces, add facilitate medical care processing, check a single personnel category code. contactless capability to the CAC cashing, voting, tax matters, compliance (7) ID cards shall not be amended, platform and implement modifications with 50 U.S.C. appendix 501 (also modified, or overprinted by any means. to the CAC topology to support known as ‘‘The Service member’s Civil No stickers or other adhesive materials compliance with FIPS Publication 201– Relief Act’’), or administering other are to be placed on either side of an ID 1. military-related benefits to eligible card. Holes shall not be punched into ID (v) Establish and implement beneficiaries. When possible, the ID cards, except when a CAC has been procedures for capturing biometrics card will be electronically authenticated requested by the next of kin for an required to support CAC issuance, in lieu of photographing the card. individual who has perished in the line which includes fingerprints and facial (2) International agreements of duty. A CAC provided to next of kin images specified in FIPS Publication (including status-of-forces agreements) shall have the status of the card revoked 201–1 and National Institute of and host-nation law may limit and/or in DEERS, have the certificates revoked, Standards and Technology Special define the types of support available to and have a hole punched through the Publication 800–76–1, ‘‘Biometric Data personnel in overseas areas. Although integrated circuit chip before it is Specification for Personal Identity an ID card may be used to verify released to the next of kin. Verification’’ (available at http://

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csrc.nist.gov/publications/nistpubs/800- authorizing the applicant’s need for an (B) CAC eligibility for applicants 76-1/SP800-76-1_012407.pdf). ID card. Applicants for a CAC shall be requiring physical access to multiple (vi) In coordination with the sponsored by a DoD Government official DoD facilities on a recurring basis for Executive Manager for DoD Biometrics or employee. less than 6 months are risk-based and the Office of the USD(AT&L), (1) The population categories and decisions that shall be made by the DoD implement the capability to obtain two specific ID cards for which applicants Component concerned in coordination segmented images (primary and are eligible are listed in Appendix 1 of with installation security policies. secondary) fingerprint minutiae from this section. The majority of these These applicants may instead be eligible the full 10-print fingerprints captured as populations are eligible to be sponsored for local or regional base passes in part of the initial background for an ID card based on either their accordance with Office of the Under investigation process for CAC issuance. employment status with the DoD or Secretary of Defense for Intelligence (vii) Maintain a capability for a CAC their authorization to receive DoD (USD(I)) and local installation security holder to reset or unlock PINs from a benefits and entitlements. Examples of policies and procedures. system outside of the CAC issuance these population categories include, but (b) Registration and enrollment. In infrastructure. are not limited to: Uniformed services accordance with this part, sponsorship (2) The Executive Manager for DoD personnel; DoD civilian employees; and enrollment information about the ID Biometrics, as appointed by the military retirees; certain DoD card applicant shall be registered in the Secretary of the Army as DoD Executive beneficiaries; and the eligible DEERS prior to card issuance. Agent for DoD Biometrics in accordance dependents for these categories. (1) For uniformed services personnel with DoD Directive 8521.01E, (2) Specific populations, listed in and DoD civilians, all submissions to ‘‘Department of Defense Biometrics’’ paragraph (c)(2)(ii) of Appendix 1 of this DEERS must be made electronically via (available at http://www.dtic.mil/whs/ section who are eligible to submit for an authorized data source feed (e.g., directives/corres/pdf/852101p.pdf), the ‘‘U.S. DoD/Uniformed Service ID Civilian Personnel Management Service). Data source feeds for shall: Card’’ may only be sponsored if they additional population categories shall (i) Establish biometric standards for meet additional criteria. Examples of be approved and incorporated by the collection, storage, and subsequent these population categories include DoD Office of the USD(P&R) (OUSD(P&R)) as transmittal of biometric information in contractors, non-DoD Federal civilians, they become available. accordance with DoD Directive State employees, and other non-DoD 8521.01E (available at http:// (2) The population categories that are personnel that have an affiliation with not registered via an authorized data www.dtic.mil/whs/directives/corres/pdf/ the DoD other than through employment 852101p.pdf). source feed will be registered in DEERS or contract. Eligibility for these via the RAPIDS using the DD Form (ii) In coordination with the approved population categories is based USD(P&R), the USD(I), and the Heads of 1172–2 or via the TASS (formerly on the DoD Government sponsor’s known as CVS, as described in § 161.8 the DoD Components, establish determination of the type and frequency capability for biometric collection and of this subpart. of access required to DoD facilities or (c) Background Investigation. In enrollment operations to support CAC networks. For the populations described issuance in accordance with 32 CFR accordance with this subpart, a in this paragraph, the applicant’s background investigation is required for part 310 and National Institute of sponsor must confirm that the applicant Standards and Technology Special those individuals eligible for a CAC. A meets one of the requirements in background investigation is not Publication 800–76–1 (available at paragraphs (a)(2)(i) and (iii) of this http://csrc.nist.gov/publications/ currently required for those eligible for section: other forms of DoD ID cards. The use of nistpubs/800-76-1/SP800-76-1_ (i) Both physical access to a DoD the CAC, as the DoD Federal personal 012407.pdf). facility and access, via logon, to DoD identity verification (PIV) card, is (3) The Identity Protection and networks on-site or remotely. Access to Management Senior Coordinating Group governed and supported by additional the DoD network must require the use policies when compared to non-CAC ID shall: of a computer with Government- (i) Monitor the CAC and identity cards. Sponsored CAC applicants shall controlled configuration or use of a not be issued a CAC without the management related activities outlined DoD-approved remote access procedure within this Instruction in accordance required background investigation in accordance with the Defense stipulated in FIPS Publication 201–1, with DoD Directive 1000.25 (available at Information Systems Agency Security http://www.dtic.mil/whs/directives/ ‘‘Personal Identity Verification (PIV) of Technical Implementation Guide, Federal Employees and Contractors’’ corres/pdf/100025p.pdf). ‘‘Secure Remote Computing’’ (available (ii) Maintain a configuration (available at http://csrc.nist.gov/ at http://iase.disa.mil/stigs/a-z.html management process for the CAC and its publications/fips/fips201-1/FIPS-201-1- under ‘‘Remote. . .’’). related components to monitor DoD chng1.pdf). (ii) Remote access, via logon, to a DoD compliance with FIPS Publication 201– (1) A background investigation shall network using DoD-approved remote 1. be initiated by the sponsoring access procedures. organization before a CAC can be Subpart B—DoD Identification (ID) (iii) Physical access to multiple DoD issued. The mechanisms required to Cards: ID Card Life-Cycle facilities or multiple non-DoD federally verify completion of background controlled facilities on behalf of the DoD investigation activities for DoD, § 161.7 ID card life-cycle procedures. (applicable to DoD contractors only) on military, and civilian CAC populations (a) Sponsorship and eligibility. In a recurring basis for a period of 6 are managed within the DoD human accordance with this part, sponsorship months or more. resources and personnel security shall incorporate the processes for (A) The frequency of ‘‘recurring basis’’ communities and are linked to the CAC confirming eligibility for an ID card. The for access shall be determined by the issuance process. An automated means sponsor is the person affiliated with the DoD Component concerned in is not currently in place to confirm the DoD or other Federal agency who takes coordination with installation security vetting for populations other than DoD responsibility for verifying and policies. military and civilian personnel such as

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CAC-eligible contractors and non-DoD investigations files (name check search), the sponsoring DoD Component Federal civilian affiliates. When data is and a name check against the Terrorist organization. The DoD Component not available within the CAC issuance Screening Database shall be required organization concerned shall initiate an infrastructure on the background prior to CAC issuance in accordance investigation or provide appeals investigation status for an applicant, the with Office of Personnel Management procedures as appropriate. Exceptions sponsor shall be responsible for Memorandum, ‘‘Final Credentialing to the identity documentation confirming that the required background Standards for Issuing Personal Identity requirements for initial ID card issuance investigation procedures comply with Verification Cards under HSPD–12.’’ are provided in paragraphs (d)(1)(i) and the FIPS Publication 201–1 before a (d) Identity and eligibility verification. (d)(1)(ii) of this section: CAC is authorized for issuance. In accordance with this part, identity (i) Children. Children under the age of (2) Initial issuance of a CAC requires, and eligibility verification shall be 18 applying for a dependent ID card are at a minimum, the completion of the completed at a RAPIDS workstation. only required to provide documentation Federal Bureau of Investigation (FBI) VOs shall inspect identity and eligibility for the initial verification of eligibility fingerprint check with favorable results documentation and RAPIDS shall or proof of relationship to the sponsor and submission of a NACI (or authenticate individuals to ensure that described in paragraph (d)(2) of this investigation approved in Federal ID cards are provided only to those section. Investigative Standards) to the USD(I) sponsored and who have a current (ii) Documentation for non-U.S. approved investigative service provider. affiliation with the DoD. RAPIDS shall persons. At foreign locations, eligible Completed NACI’s for CAC issuance also capture uniquely identifying non-U.S. persons may not possess shall be adjudicated in accordance with characteristics that bind an individual identity documentation from the Form Office of Personnel Management to the information maintained in DEERS I–9 required for ID card issuance. These Memorandum, ‘‘Final Credentialing and to the ID card issued by RAPIDS. individuals shall still provide personal Standards for Issuing Personal Identity These characteristics may include, but ID as required by the intent of this Verification Cards under HSPD–12’’ are not limited to, digital photographs paragraph (d)(1). Non-U.S. persons (available at http://www.opm.gov/ and fingerprints. within the continental United States investigate/resources/final_ (1) Identity documents. Applicants for (CONUS) shall present a valid credentialing_standards.pdf). initial ID card issuance shall submit two (unexpired) foreign passport as the (3) Except for uniformed services identity documents in original form as primary form of identity source members, non-U.S. person CAC proof of identity. A VO at a RAPIDS documentation. DoD organizations applicants that do not meet the criteria workstation shall inspect and verify the based outside the CONUS should work to complete a NACI (e.g., U.S. residency documents presented by the applicant with the local consular affairs office to requirements), must meet one of the before ID card issuance. The identity determine guidelines for the appropriate criteria in paragraph (c)(3)(i) or (ii) of documents must come from the list of identity documentation for eligible non- this section prior to CAC issuance. acceptable documents included in the U.S. persons in accordance with CACs issued to these non-U.S. persons Form I–9 ‘‘Employment Eligibility agreements with host nations. It is shall display a blue stripe as described Verification’’ (http://www.uscis.gov/ recommended that a foreign passport be in Appendix 2 of this section. files/form/i-9.pdf) in OMB No. 115– used as the primary form of identity Procedures for the acceptance of this 0136 or, for non-U.S. persons, other source documentation for these CAC shall be in accordance with DoD sources as outlined within paragraph individuals. The requirement for the policy for physical and logical access. (d)(1)(ii). ‘‘Certified true’’ copies of the primary identity document to have a The specific background investigation identity documentation may be photo cannot be waived. Additional conducted on the non-U.S. person may accepted so long as they have been documentation used to verify identity vary based on governing international issued by the originating source (e.g., a must be original or certified true copies. agreements. Non-U.S. persons must: copy of a birth certificate may be All documentation not in English must (i) Possess (as foreign military, acceptable so long as it has been have a certified English translation. employee, or contract support certified as valid by the issuing State). (2) Eligibility documents. ID card personnel) a visit status and security In accordance with applicable law, at applicants may be required to provide assurance that has been confirmed, least one of the two identity documents documentation as initial verification of documented, and processed in shall be a valid (unexpired) State or eligibility for benefits or proof of accordance with international Federal Government-issued picture ID. relationship to the sponsor. The agreements pursuant to DoD Directive The identity documents shall be eligibility documents shall be inspected 5230.20, ‘‘Visits and Assignments of inspected for authenticity and scanned for authenticity by the VO and scanned Foreign Nationals’’ (available at http:// and stored in the DEERS in accordance and stored in DEERS in accordance with www.dtic.mil/whs/directives/corres/pdf/ with the DMDC, ‘‘Real-time Automated the procedures in DMDC, ‘‘Real-time 523020p.pdf). Personnel Identification System Automated Personnel Identification (ii) Meet (as direct or indirect DoD (RAPIDS) User Guide’’ upon issuance of System (RAPIDS) User Guide.’’ hire personnel overseas) the an ID card. The requirement for the Specifications and the types of investigative requirements for DoD primary identity document to have a documents and how they are utilized to employment as recognized through photo cannot be waived for initial ID verify eligibility for a member or international agreements pursuant to card issuance, consistent with dependent based on their status (e.g., Volume 1231 of DoD Instruction applicable statutory requirements. Retired, Reservist, spouse, former 1400.25, ‘‘DoD Civilian Personnel Identity documentation requirements spouse, child) shall be established by Management System: Employment of for renewal or re-issuance are provided the uniformed services subject to the Foreign Nationals’’ (available at http:// in paragraph (e)(3) of this section. When guidelines in this subpart. All www.dtic.mil/whs/directives/corres/ it has been determined that a CAC documentation used to verify eligibility html/CPM_table2.html). In addition to applicant has purposely misrepresented must be original or certified true copies. these investigative requirements, a or not provided his or her true identity, All documentation not in English must fingerprint check against the FBI the case shall be referred by the relevant have a certified English translation. criminal history database, an FBI RAPIDS Service Project office (SPO) to Eligibility documentation is not

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required when DEERS can verify servicing for verification of the DD Form in DEERS, live fingerprint biometrics eligibility via an authoritative source or 1172–2 and eligibility documentation to samples shall be checked against the process. the parent uniformed service for the applicant’s DEERS record. If the (3) DEERS verification. The VO shall categories in paragraphs (e)(1)(i) through biometric check confirms the identity of utilize DEERS to verify affiliation and (viii) of this section: the renewal or reissuance applicant then eligibility for benefits as described in (i) Initial application for permanently no additional documentation is required subpart C of this part. incapacitated individuals over age 21 to verify identity other than the ID card (4) Biometrics. In accordance with and temporarily incapacitated children that is being renewed or reissued DoD Directive 1000.25, ID card over age 21. (documentation may still be required to applicants shall provide two fingerprint (ii) All dependent parents and verify or re-verify eligibility as biometric scans and a facial image, to parents-in-law. described in paragraph (d)(2) of this assist with authenticating the (iii) Illegitimate child of a male section). As a general practice for applicant’s identity and to bind the sponsor, whose paternity has not been renewal or re-issuance, two fresh information maintained on that judicially determined. fingerprint biometric captures may be individual in DEERS and to the ID card (iv) Illegitimate child of spouse or stored for applicable personnel through issued by RAPIDS. These requirements sponsor. the initial procedures in paragraph shall be integrated into the ID card (v) Unremarried and unmarried (d)(4)(ii) of this section to support issuance processes in the following former spouses applying for initial DMDC’s biometric update schedule. manner: issuance of an ID card. (i) An ID card holder may apply for (i) A digitized, full-face passport-type (vi) Retiree from other services, and a renewal starting 90 days prior to the photograph will be captured for the former members not currently enrolled expiration of a valid ID. The SPO can facial image and stored in DEERS and in DEERS. provide exceptions to this requirement. shall have a plain white or off-white (vii) Surviving dependents of Reserve (ii) An ID card shall be reissued when background. No flags, posters, or other Retirees on the sponsor’s 60th birthday. printed information requires changes images shall appear in the photo. All ID (viii) Abused dependents. cards issued will display a photograph. (ix) Wards. (e.g., pay grade, rank, change in (ii) Two fingerprints are captured for (2) Expiration dates. (i) Except as eligibility), when any of the media storage within DEERS for applicable ID noted in paragraphs (e)(2)(i)(A) and (B) (including printed data, magnetic stripe, card applicants. The right and left index of this section, CACs shall be issued for bar codes, or integrated circuit chip) fingers shall normally be designated as a period not to exceed 3 years from the becomes illegible or inoperable, or when the primary and secondary finger, date of issuance or contract expiration a CAC is known or suspected to be respectively. However, if those fingers date, whichever is shorter. Unfunded compromised. cannot be imaged, the primary and contract options shall be considered in (iii) An ID card shall be reissued secondary designations shall be taken in the determination of the length of when it is reported lost or stolen. The the following order of priority: Right contract. For example, a contractor individual reporting a lost or stolen ID thumb, left thumb, right middle finger, hired under DoD contract with a base card shall be required to provide a valid left middle finger, right ring finger, left year plus 2 option years shall be issued (unexpired) State or Federal ring finger, right little finger, left little a CAC with a 3-year expiration. The Government-issued picture ID as noted finger. expiration date of the PKI certificates on in paragraph (d)(1) of this section, (iii) If two fingerprints cannot be the CAC shall match the expiration date consistent with applicable law, when captured, the facial image will be the on the card. available. If the individual is unable to alternative for authenticating ID card (A) DD Form 1173, ‘‘United States present the required identity applicants and ID card holders during Uniformed Services ID and Privilege documentation, a biometric verification the issuance process. Additionally, Card,’’ or CACs issued to DoD civilian shall be used as proof of identity as when verification or capture of employees, contractors, and other described in paragraph (e)(3)(iii)(A) of biometrics is not possible, authorization eligible personnel assigned overseas or this section. The VO shall verify the will be provided by the RAPIDS SSM’s deploying in support of contingency cardholder’s identity against the digital signature. This transaction shall operations shall have an expiration date biometric information stored in DEERS be subject to audit by DMDC and the coinciding with their deployment and confirm the expiration date of the uniformed services. period end date. missing ID card. The individual shall (e) Issuance. In accordance with this (B) Service Academy students shall be also be required to present part, ID cards shall be issued at the issued 4-year cards with 3-year documentation from the local security RAPIDS workstation after all certificates. office or ID card sponsor confirming that sponsorship, enrollment and (ii) Non-CAC ID cards shall be given the ID card has been reported lost or registration, background investigation expiration dates in accordance with the stolen. This documentation must be (CAC only), and identity and eligibility guidance listed on http://www.cac.mil. scanned and stored in DEERS. For verification requirements have been (3) Renewal and reissuance. dependents, the DD Form 1172–2 serves satisfied. Initial issuance of an ID card Consistent with applicable law, the as the supporting documentation for a to an applicant will be contingent on applicant for ID renewal or reissuance lost or stolen card. For individuals satisfying the criteria in paragraphs (a) shall be required to surrender the sponsored through TASS, the through (d) of this section. current DoD ID card that is up for replacement ID card shall have the same (1) Cross-servicing. The uniformed renewal or reissuance except as expiration date as the lost or stolen card. services agree to cross-service the indicated for lost and stolen ID cards in (A) If no identity documentation is issuance of ID cards when affiliation paragraph (e)(3)(iii) of this section. To available but biometric information and eligibility can be verified in DEERS. authenticate renewal or reissuance (facial image or fingerprint when When eligibility cannot be verified applicants, the VO shall visually applicable) in the DEERS database can through DEERS, presentation of compare the applicant against the facial be verified by the VO, an ID card can be documentation shall be required. The image stored in DEERS. For applicants reissued to the individual upon the uniformed services shall restrict cross- who have fingerprint biometrics stored additional approval of a SSM. This

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transaction shall be digitally signed and (1) Access. The granting of access status of the card shall be terminated audited. privileges is determined by the facility within the DEERS and RAPIDS (B) If biometric information cannot be or system owner as prescribed by the infrastructure. The CAC, as the DoD verified, the requirements for initial DoD. Federal PIV card, is governed and issuance shall apply or a temporary card (2) Accountability. CAC holders will supported by additional policies and may be issued in accordance with maintain accountability of their CAC at infrastructure when compared to non- paragraph (e)(4) of this section. all times while affiliated with the DoD. CAC ID cards. This section provides (4) Temporary cards—(i) Temporary (3) PKI. Using the RAPIDS platform, additional guidance on CAC retrieval issuance of a CAC. During contingency DoD PKI identity and PIV and revocation: operations, in the event there is no authentication certificates will be issued (1) CACs shall be retrieved as part of communication with the DEERS on the CAC at the time of card issuance the normal organizational or command- database or the certificate authority, a in compliance with OPM Memorandum, level check-out processes. The active temporary CAC may be issued with an ‘‘Final Credentialing Standards for status of the CAC shall also be abbreviated expiration date for a Issuing Personal Identity Verification terminated in special circumstances maximum of 10 days. The temporary Cards under HSPD–12.’’ Email (e.g., absent without leave, unauthorized card will not have PKI certificates and signature, email encryption, or PIV absence, missing in action) in will be replaced as soon as the member authentication certificates may also be accordance with organization or can reach an online RAPIDS station or available on the CAC either upon command-level security policies. communications have been restored. issuance or at a later time. If the person (2) The DoD sponsor or sponsoring Additionally, the temporary CAC does receiving a CAC does not have an organization is ultimately responsible not communicate or imply eligibility to organization email address assigned to for retrieving CACs from their personnel any DoD benefit. This capability will be them, they may return to a RAPIDS who are no longer supporting their enabled only at affected RAPIDS sites terminal or use milConnect to receive organization or activity. CAC retrieval and must have approval granted by their email certificate when the email will be documented and treated as DMDC. address has been assigned. To help personally identifiable information, in (ii) Temporary issuance of a prevent inadvertent disclosure of accordance with DoD Regulation Uniformed Services Identification card. controlled information, email addresses 5200.1–R, and 32 CFR part 310 and There are multiple scenarios under assigned by an organization shall receipted to a RAPIDS site for which a temporary Uniformed Services comply with DoD Instruction 8500.2, disposition in a timely manner. Identification card may be issued. The ‘‘Information Awareness (IA) (3) Upon loss, destruction, or uniformed services shall develop Implementation’’ (available at http:// revocation of the CAC, the certificates standard processes and procedures for www.dtic.mil/whs/directives/corres/pdf/ thereon are revoked and placed on the scenarios requiring issuance of a 850002p.pdf). certificate revocation list in accordance temporary DD Forms 2765 ‘‘Department (4) milConnect. DoD has a self-service with Assistant Secretary of Defense for of Defense/Uniformed Services Web site available that allows an Networks and Information Integration Identification and Privilege Card’’ or DD authenticated CAC holder to add Certificate Policy, ‘‘X.509 Certificate 1173, including but not limited to those applets to the CAC, change the email Policy for the United States Department situations where the applicant needs to address, add/update Email Signature of Defense’’ (available at http:// obtain the necessary legal and Email Encryption Certificates, and jitc.fhu.disa.mil/pki/documents/dod_ documentation or the sponsor is activate the Personal Identity x509_certificate_policy_v9_0_9_ unavailable to provide an authorizing Verification (PIV) Authentication february_2005.pdf). All other situations signature. certificate. This capability can be that pertain to the disposition of the (5) Multiple cards. Individuals shall utilized from any properly configured certificates are handled in accordance be issued a separate ID card for each UNCLASSIFED networked workstation. with Assistant Secretary of Defense for population category for which they The milConnect Web site is https:// Networks and Information Integration qualify as described in Appendix 1 of www.dmdc.osd.mil/milconnect. Certificate Policy, ‘‘X.509 Certificate this section. In instances where an (5) CAC Personal ID Number (PIN) Policy for the United States Department individual has been issued more than Reset. DoD has manned workstations of Defense’’ as implemented. one ID card (e.g., an individual that is capable of resetting the PINs of a CAC eligible for an ID card as both a holder with a locked card or forgotten Appendix 1 to § 161.7—ID Card Reservist and as a DoD contractor PIN. These workstations are intended to Descriptions and Population Eligibility employee), only the ID card that most provide alternative locations for CAC Categories accurately depicts the capacity in which holders to service their cards other than the individual is affiliated with the DoD RAPIDS issuance locations. To (a) Overview. Paragraphs (b) through (e) of should be utilized at any given time. authenticate cardholders, live biometric this appendix contain information on the (f) Use and maintenance. In samples shall be checked against the CAC type of ID card. The remaining paragraphs in the appendix contain accordance with this part, ID cards shall biometrics stored in DEERS prior to information on all other versions of DoD be used as proof of identity and DoD resetting CACs. This process requires enterprise-wide ID cards. This appendix affiliation to facilitate access to DoD the presence of a CPR trusted agent describes these cards and lists some of the facilities and systems. Additionally, ID (CTA) or TASM or RAPIDS VO or SSM. categories of populations that are eligible to cards shall represent authorization for (g) Retrieval and revocation. In be sponsored for the cards under the entitled benefits and privileges in accordance with this part, ID cards shall guidelines described in paragraph (a) of accordance with DoD policies. The be retrieved by the sponsor or § 161.7; additional ID-card eligible categories CAC, as the DoD Federal PIV card, is sponsoring organization when the ID are codified in subpart C of this part. RAPIDS accesses DEERS information collected by the governed and supported by additional card has expired, when it is damaged or DD Form 1172–2 to generate all of the ID policies and infrastructure when compromised, or when the card holder Cards identified in this appendix. The compared to non-CAC ID cards. This is no longer affiliated with the DoD or benefits and entitlements that support ID section provides additional guidance on no longer meets the eligibility card eligibility for populations in this CAC use and maintenance: requirements for the card. The active appendix are described in subpart C of this

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part. Guidelines and restrictions that pertain (1) Direct and Indirect Hiring Overseas. (A) Active duty officers and enlisted to all forms of DoD ID cards are included in Non-U.S. citizens hired under an agreement personnel of North Atlantic Treaty this part. with the host nation and paid directly by the Organization (NATO) and Partnership For (b) Armed Forces of the United States uniformed services (direct hire) or paid by an Peace (PFP) countries serving in the United Geneva Conventions ID Card—(1) entity other than the uniformed services for States under the sponsorship or invitation of Description. This CAC is the primary ID card the benefits of the uniformed services the DoD or a Military Department. for uniformed services members and shall be (indirect hire). (B) Active duty officers and enlisted used to identify the member’s eligibility for (2) Assignment as Foreign Military, Foreign personnel of non-NATO countries serving in benefits and privileges administered by the Government Civilians, or Foreign the United States under the sponsorship or uniformed services as described in subpart C Government Contractors to Support DoD invitation of the DoD or a Military of this part. The CAC shall also be used to Missions. Non-U.S. citizens who are Department. facilitate standardized, uniform access to sponsored by their government as part of an (C) Active duty officers and enlisted DoD facilities, installations, and computer official visit or assignment to work with DoD. personnel of NATO and non-NATO countries systems. (3) Procurement Contracts, Grant when serving outside the United States and (i) The card shall also serve as ID for Agreements or Other Cooperative outside their own country under the purposes of Geneva Convention requirements Agreements. Individuals who have a sponsorship or invitation of the DoD or a in accordance with DoD Instruction 1000.01. established relationship between the U.S. Military Department, or when it is (ii) If a member is captured as a hostage, Government and a State, a local government, determined by the major overseas detainee, or prisoner of war (POW), the card or other recipient as specified in 31 U.S.C. commander that the granting of such shall be shown to the capturing authorities, 6303, 6304, and 6305. privileges is in the best interests of the but, insofar as possible, should not be (d) U.S. DoD or Uniformed Services ID and United States and such personnel are surrendered. Privilege Card—(1) Description. This CAC is connected with, or their activities are related (2) Eligibility. Those populations eligible the primary ID card for civilian employees, to, the performance of functions of the U.S. for this type of CAC include: contractors, and foreign national military, as military establishment. (i) Members of the regular components of well as other eligible individuals entitled to (e) U.S. DoD or Uniformed Service Geneva the Military Services. benefits and privileges administered by the Conventions ID Card for Civilians (ii) Members of the Selected Reserve of the uniformed services as described in subpart C Accompanying the Armed Forces—(1) Ready Reserve of the Reserve Components. of this part. The CAC shall be used to Description. This CAC serves as the DoD and/ (iii) Members of the IRR of the Ready facilitate standardized, uniform access to or Uniformed Services Geneva Conventions Reserve authorized in accordance with DoD facilities, installations, and computer ID card for civilians accompanying the regulations prescribed by the Secretary of systems. uniformed services and shall be used to Defense to perform duty in accordance with (2) Eligibility. Specific population facilitate standardized, uniform access to 10 U.S.C. 10147. categories are entitled to benefits and DoD facilities, installations, and computer (iv) Uniformed services members of NOAA privileges, in accordance with subpart C of systems. and USPHS. this part, and shall be eligible for this CAC, (2) Eligibility. The following population (c) U.S. DoD or Uniformed Services ID to include: categories are eligible for this CAC: Card—(1) Description. This CAC is the (i) DoD and uniformed services civilian (i) Emergency-essential employees as primary ID card for eligible civilian employees (both appropriated and non- defined in DoD Directive 1404.10, ‘‘DoD employees, contractors, and foreign national appropriated) when required to reside in a Civilian Expeditionary Workforce’’ (available affiliates and shall be used to facilitate household on a military installation within at http://www.dtic.mil/whs/directives/corres/ standardized, uniform access to DoD the CONUS, Hawaii, Alaska, Puerto Rico, and pdf/140410p.pdf). facilities, installations, and computer Guam. (ii) Contractors authorized to accompany systems. (ii) DoD and uniformed services civilian the force (contingency contractor employees) (2) Eligibility. (i) DoD civilian employees employees when stationed or employed and as defined in Joint Publication 1–02 are eligible for this CAC, to include: residing in foreign countries for a period of (available at http://www.dtic.mil/doctrine/ (A) Individuals appointed to appropriated at least 365 days. new_pubs/jp1_02.pdf). fund and NAF positions. (iii) DoD contractors when stationed or (f) DD Form 2, ‘‘Armed Forces of the (B) USCG and NOAA civilian employees. employed and residing in foreign countries United States Identification Card (C) Permanent or time-limited employees for a period of at least 365 days. (Reserve).’’—(1) Description. This is the on full-time, part-time, or intermittent work (iv) DoD Presidential appointees who have primary ID card for RC members not eligible schedules for 6 months or more. been appointed with the advice and consent for a CAC. Benefits and privileges shall be (D) SES, Competitive Service, and of the Senate. administered by the uniformed services as Excepted Service employees. (v) Civilian employees of the Army and Air described in subpart C of this part. (ii) Eligibility for additional populations Force Exchange System, Navy Exchange (i) The DD Form 2S (RES) shall serve as ID shall be based on a combination of the System, and Marine Corps Exchange System for purposes of the Geneva Convention personnel category and the DoD Government and NAF activity employees of the Coast requirements in accordance with DoD sponsor’s determination of the type and Guard Exchange Service. Instruction 1000.01. frequency of access required to DoD networks (vi) Uniformed and non-uniformed full- (ii) If a member is captured as a hostage, and facilities described in paragraph (a) of time paid personnel of the Red Cross detainee, or POW, the DD Form 2S (RES), § 161.7 of this subpart. These personnel assigned to duty with the uniformed services shall be shown to the capturing authorities, categories include: within the CONUS, Hawaii, Alaska, Puerto but, insofar as possible, should not be (A) Non-DoD civilian employees to Rico, and Guam, when required to reside in surrendered. include: a household on a military installation. (2) Eligibility. Those populations eligible (1) State employees working in support of (vii) Uniformed and non-uniformed, full- for the DD Form 2S (RES) include: the National Guard. time, paid personnel of the Red Cross (i) Ready Reserve, who are not otherwise (2) IPA employees. assigned to duty with the uniformed services entitled to either DD Form 2S (RET), ‘‘Armed (3) Non-DoD Federal employees that are in foreign countries. Forces of the United States Geneva working in support of DoD but do not possess (viii) Foreign military who meet the Conventions Identification Card (Retired) a Federal PIV card that is accepted by the eligibility requirement of paragraph (a)(2) of (Blue),’’ or a CAC. sponsoring DoD Component. DoD § 161.7 and are in one of the categories in (ii) The Standby Reserve. Components shall obtain DHRA approval paragraphs (d)(2)(viii)(A) through (C) of this (iii) The Reserve Officers’ Training Corps prior to sponsorship. appendix. Those foreign military not meeting College Program students that have signed a (B) DoD contractors. the eligibility requirements for CAC as contract leading to military service. (C) USCG and NOAA contractors. described in paragraph (a)(2) of § 161.7 shall (g) DD Form 2S (Ret)—(1) Description. This (D) Persons whose affiliation with DoD is be issued a DD Form 2765 as described in is the primary ID card for retired uniformed established through: paragraph (l) of this appendix. services members entitled to retired pay.

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Benefits and privileges shall be administered place of a DD Form 1173 for a period of time Organization, when serving in foreign by the uniformed services as described in not to exceed 270 days, if the member is countries. subpart C of this part. called to active duty by congressional decree (C) United Seaman’s Service (USS) (2) Eligibility. Members of the uniformed or Presidential call-up under 10 U.S.C. personnel in foreign countries. services who are entitled and in receipt of chapter 1209. (D) Military Sealift Command (MSC) civil retired pay, or entitled and have waived their (2) Eligibility. Eligible dependents of service marine personnel deployed to foreign retired pay, are eligible for the DD 2S (RET). Reserve Component members and retirees as countries on MSC-owned and -operated (h) DD Form 2, ‘‘United States Uniformed described in subpart C of this part are eligible vessels. Services Identification Card (Reserve for the DD Form 1173–1. (m) DoD Civilian Retiree Card—(1) Retired).’’—(1) Description. This is the (k) DD Form 2764, ‘‘United States DoD/ primary ID card for members of the National Uniformed Services Geneva Conventions Description. This ID shall only be used to Guard or Reserves who have completed 20 Card.’’—(1) Description. This is the primary establish DoD civilian retiree identity and creditable years of service and have elected ID for non-CAC eligible civilian affiliation with the DoD. to be transferred to the Retired Reserve. They noncombatant personnel who are deployed (2) Eligibility. Appropriated and NAF will qualify for pay at age 60, or earlier if in conjunction with military operations civilians that have retired from any DoD they have qualified contingency service. overseas. The DD Form 2764 also replaces Service component or agency are eligible for (2) Eligibility. Members of the Reserve DD Form 489, ‘‘Geneva Conventions Identity the DoD Civilian Retiree Card. These Components who are entitled to retired pay Card for Civilians Who Accompany the civilians must have their retired status at age 60 (or earlier if they have qualified Armed Forces.’’ verified in DEERS before an ID card can be contingency service) and have not yet (2) Eligibility. Civilian noncombatant issued. attained age 60 are eligible for the DD Form personnel who have been authorized to (n) NOAA Retired Wage Mariner and 2 (Reserve Retired). accompany U.S. forces in regions of conflict, Family Member Card—(1) Description. The (i) DD Form 1173—(1) Description. This is combat, and contingency operations and who NOAA Retired Wage Mariner and Family the primary ID card for dependents and other are liable to capture and detention by the Member Card is a sub-category of the DoD similar categories of individuals eligible for enemy as POWs are eligible for the DD Form Civilian Retiree Card and shall be used to benefits and privileges administered by the 2764 in accordance with DoD Instruction establish identity and affiliation with the uniformed services as described in subpart C 1000.01. DoD and to identify the individual’s of this part. (l) DD Form 2765—(1) Description. This is eligibility for benefits and privileges (2) Eligibility. Specific population the primary ID card for categories of administered by the uniformed services as categories entitled to benefits and privileges individuals, other than current or retired as described in subpart C of this part are members of the uniformed services, who are described in subpart C of this part. eligible for the DD Form 1173 to include: eligible for uniformed services benefits and (2) Eligibility. Retired Wage Mariners of (i) Dependents of active duty Service privileges in their own right without NOAA and their dependents as described in members of the regular components, Reserve requiring a current affiliation with another subpart C of this part are eligible for the Component Service members on active duty sponsor. NOAA Retired Wage Mariners and Family for more than 30 days, and retirees. (2) Eligibility. Those populations eligible Members Card. (ii) Surviving dependents of active duty for the DD Form 2765 include: members. (i) Foreign national military personnel Appendix 2 to § 161.7—Topology (iii) Surviving dependents of retired described in paragraph (d)(2)(viii) of this Specifications military members. appendix that cannot meet all criteria for (iv) Surviving dependents of MOH CAC issuance. (a) Topology. Graphical representations of recipients and surviving dependents of (ii) Former members. all CACs are maintained at www.cac.mil. honorably discharged veterans rated by the (iii) Members eligible for transitional (b) CAC stripe color coding. The CAC shall Department of Veterans Affairs (VA) as 100 health care (THC). These individuals shall be be color-coded as indicated in the Table to percent disabled from a uniformed services- eligible for DD Form 2765 (with a ‘‘TA’’ reflect the status of the holder of the card. connected injury or disease at the time of his overstamp) showing expiration date for each (1) If a person meets more than one or her death. benefit, as shown on the reverse of the card. condition as shown in the Table, priority will (v) Accompanying dependents of foreign (iv) MOH recipients. be given to the blue stripe to denote a non- military. (v) DAV (rated 100 percent disabled by the U.S. citizen unless the card serves as a (vi) Dependents of authorized civilian Department of Veterans Affairs). Geneva Conventions card. personnel overseas. (vi) Former spouse (that qualify as a DoD (vii) Other benefits eligible categories as beneficiary). (2) FIPS Publication 201–1 reserves the described in subpart C of this part. (vii) Civilian personnel in the categories color red to distinguish emergency first (j) DD Form 1173–1, ‘‘Department of listed in paragraphs (l)(2)(vii)(A) through (D) responder officials. Until the DoD Defense Guard and Reserve Family Member of this appendix: implementation of Homeland Security Identification Card.’’—(1) Description. This is (A) Other U.S. Government agency civilian Presidential Directive 12 is complete, the the primary ID card for dependents of Ready employees when stationed or employed and color red will also be used to denote non-U.S. Reserve and Standby Reserve members not residing in foreign countries for a period of personnel in the same manner as the blue on active duty in excess of 30 days. When at least 365 days. stripe in the Table (i.e., some cards with red accompanied by a set of the sponsor’s valid (B) Area executives, center directors, and stripes may continue to exist in circulation active duty orders, the card shall be used in assistant directors of the United Service until the 3-year life cycle is complete).

TABLE—CAC STRIPE COLOR CODING

No stripe U.S. military and DoD civilian personnel or any personnel eligible for a Geneva Conventions card

Blue ...... Non-U.S. personnel, including DoD contract employees (other than those persons requiring a Geneva Conventions card).

Green ...... All U.S. citizen personnel under contract to the DoD (other than those persons requiring a Geneva Con- ventions card).

(c) CAC printed statements—(1) Eligible should be noted that local nationals are in within the authorized patronage area of the individuals who are permanently assigned in their home country, not a foreign country) CAC. foreign countries for at least 365 days (it will have the word ‘‘OVERSEAS’’ printed

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(2) The authorized patronage area for exercise the duties of a TASS TASM, TASS shall adhere to the following eligible individuals permanently assigned TA, or sponsor would allow a single guidelines on user roles: within CONUS will be blank. Travel orders individual to control the ID card (1) Service Point of Contact (SPOC). A authorize access for these individuals while issuance process, from record creation DoD Component that utilizes TASS en route to the deployment site. (3) During a conflict, combat, or to card issuance. Individuals serving in shall appoint a SPOC for TASS contingency operation, civilian employees the role of a RAPIDS SSM or VO shall management and operation. The SPOC with a U.S. DoD or Uniformed Services not exercise the role of the TASS TASM shall coordinate with the DMDC to Geneva Conventions ID Card for Civilians or TA or the role of the signatory establish a site with TASS capability. Accompanying the Uniformed Services will sponsor on the DD Form 1172–2. (In the The SPOC shall create policies, be granted all commissary; exchange; MWR; case of their own dependents, a RAPIDS operating procedures, and other and medical privileges available at the site of SSM or VO can serve as the sponsor on supporting documentation in support of the deployment, regardless of the statements the DD Form 1172–2 but cannot serve as the Service or agency-specific on the ID card. Contractor employees the VO for card issuance.) implementation. The SPOC will oversee possessing this ID card shall receive the (c) DD Form 1172–2. The DD Form benefit of those commissary, exchange, TASM registration, and provide any MWR, and medical privileges that are 1172–2 shall be used to collect the other required field support. The TASS accorded to such persons by international information necessary to register ID card SPOC: agreements in force between the United and CAC applicants in DEERS via (i) Must be a U.S. citizen. States and the host country concerned and RAPIDS who are not enrolled through (ii) Must be a uniformed services their letter of authorization. an authorized personnel data feed or are member, civilian employee working for (4) The medical area on the card for not registered through TASS. The DD the sponsoring organization, or a DoD individuals on permanent assignment in a Form 577, ‘‘Appointment/Termination foreign country will contain the statement: contractor providing management Record—Authorized Signature,’’ shall support to the service or agency ‘‘When TAD/TDY or stationed overseas on a be used to verify the sponsoring space available fully reimbursable basis.’’ implementing TASS (a contractor However, civilian employees and contractor individual’s signature, when cannot perform the TA or TASM role). employees providing support when forward verification through RAPIDS is (iii) Must be capable of sending and deployed during a conflict, combat, or unavailable. This form is to be used receiving digitally signed and encrypted contingency operation are treated in primarily for DEERS enrollment and email. accordance with 10 U.S.C. 10147 and verification of initial and continued (iv) Must be a CAC holder. chapters 1209 and 1223 and DoD Instruction association for dependents and DoD (v) Shall complete the training 3020.41, ‘‘Operational Contract Support’’ affiliates (e.g., foreign national military). provided by DMDC for the TASM and (available at http://www.dtic.mil/whs/ The DD Form 1172–2 shall also be used TA roles. directives/corres/pdf/302041p.pdf), and the to add benefits conditions for eligible Deputy Secretary of Defense Memorandum, (2) TASM. The TASM will act as a TA personnel in accordance with DMDC, ‘‘Policy Guidance for Provision of Medical and oversee the activity for TASS site ‘‘Real-time Automated Personnel Care to Department of Defense Civilian TAs. A TASS TASM: Identification System (RAPIDS) User Employees Injured or Wounded While (i) Must be a U.S. citizen. Forward Deployed in Support of Hostilities’’ Guide’’ and subpart C of this part. (available at http://cpol.army.mil/library/ Retention and disposition of the DD (ii) Must be a uniformed services nonarmy/dod_092407.pdf). Form 1172–2 shall be in accordance member or a DoD civilian employee (d) Blood type indicators. A blood type with the uniformed services’ regulatory working for the sponsoring organization. indicator is an optional data element on the instructions. In the absence of electronic (iii) Must be capable of sending and ID card and will only appear on the card if verification of sponsorship for the receiving digitally signed and encrypted the blood type is provided by an email. authoritative data source prescribed by enrollment or reenrollment of dependents, the sponsor signing block (iv) Must be a CAC holder. TRICARE Management Activity. (v) Shall complete the training (e) Organ donor indicators. An organ donor 65 in Section 5 of the DD Form 1172– indicator is an optional data element on the 2 for the ID card applicant: provided by DMDC for the TASM role. ID card and will only appear if the card (1) Shall be a uniformed services (3) TA. TAs shall be sponsors for applicant opts for this feature at the time of member, retiree, civilian employee eligible populations within TASS and card issuance. working for the sponsoring organization, will utilize TASS to register data for the or an individual entitled to DoD benefits DD Form 1172–2, re-verify CAC holder § 161.8 ID card life-cycle roles and in their own right, without requiring affiliation, and revoke CACs in responsibilities. relationship to another sponsor, as accordance with this part and the (a) General. This section provides the described in subpart C of this part. DMDC ‘‘Contractor Verification System roles and responsibilities associated (2) Must be a DoD ID card or CAC TASS (CVS) TASM/TA and Applicant with a series of processes and systems holder. User Guides, Version 3.03’’ (available at that support the ID card life-cycle. The (3) Shall establish the applicant’s https://www.dmdc.osd.mil/appj/cvs/ requirements provided in this section initial and continued relationship to the login). Sponsoring an applicant is a may be supplemented by military sponsor, affiliation with DoD, and need multi-step process which includes Service guidance, DoD Component-level for a CAC card in accordance with this establishing the individual’s eligibility procedures and DMDC procedural and subpart and DoD Component-level in accordance with paragraph (a) of system documentation on DEERS, procedures. § 161.7 of this subpart and verifying that RAPIDS, TASS, and CPR. (d) TASS. TASS shall serve as the the individual has the necessary (b) Separation of duties. The ID card sponsorship and DEERS data background investigation completed to life-cycle includes a requirement for a registration tool for CAC-eligible DoD be issued a CAC in accordance with separation of duties to support the contractors and other populations as paragraph (c) of § 161.7 of this subpart. issuance process. This rule requires determined by the Director, DHRA. A TASS TA: more than one person to serve in an TASS employs an automated version of (i) Must be a U.S. citizen. official role during the sponsorship and the DD Form 1172–2 to collect (ii) Must be a uniformed services enrollment and issuance processes. information necessary for DEERS member, a DoD civilian employee Authorizing a RAPIDS SSM or VO to enrollment. Organizations that use working for the sponsoring organization,

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or a non DoD Federal agency employee ‘‘Real-time Automated Personnel Subpart C—DoD Identification (ID) approved by DHRA. Identification System (RAPIDS) User Cards: Benefits for Members of the (iii) Must be capable of sending and Guide.’’ Uniformed Services, Their Dependents, receiving digitally signed and encrypted (vi) Must have a favorably adjudicated and Other Eligible Individuals email. NACI. § 161.9 DoD benefits. (iv) Must be a CAC holder. (2) VO. The VO shall complete (v) Shall complete the training identity and eligibility verification and (a) The benefits population is defined provided by DMDC for the TA role. card issuance functions in accordance by roles. There are roles that have a (vi) Shall manage no more than 100 direct affiliation with the DoD, such as active contractors at any given time with this part. The VO: (i) Must be a U.S. citizen. an active duty Service member, or those within TASS. Exceptions to this limit that have an association to someone (ii) Must be a uniformed services can be authorized by the DoD who is affiliated, such as the spouse of member, civilian employee working for Component concerned to address an active duty member. This section the sponsoring organization, or a DoD specific contract requirements that reflects benefit eligibility established by contractor. substantiate a need for a larger law and affiliated DoD policy, and contractor-to-TA ratio. The DoD (iii) Must be a CAC holder. covers the roles that either receive CHC, Component SPOC shall document any (iv) Shall complete the training direct care at an MTF, commissary, authorized exceptions to the 100- provided by DMDC for the VO role. exchange, and MWR benefits, or are contractors limit and shall, at a (v) Be responsible for supporting only affiliated to be issued a DoD- minimum, conduct annual audits on the RAPIDS functions delineated in DMDC, authorized CAC or uniformed services oversight functions of these specific ‘‘Real-time Automated Personnel ID card. Sections 161.10 through 161.22 TAs. Identification System (RAPIDS) User identify the categories of eligible (vii) Shall coordinate with their Guide.’’ persons and their authorized benefits as contracting personnel when establishing (f) CPR. Organizations that utilize CPR they would be recorded in the Defense the contractor’s initial and continued shall adhere to the guidelines in this Eligibility Enrollment Reporting System affiliation with DoD and need for CACs section on user roles: (DEERS). in accordance with agency or (1) CPR project officer. The CPR (1) Sections 161.10 through 161.22 Component-level procedures. reflect the eligibility of persons for (viii) Shall coordinate with their project officer (CPO) shall be appointed benefits. contracting, human resources, or by the Service or Agency as the focal (2) A sponsor’s begin date for benefit personnel security organizations to point for day-to-day CPR management eligibility is based on the date the confirm that the appropriate background and operation. The CPO: sponsor begins their affiliation with the check has been completed for CAC (i) Must be a U.S. citizen. (ii) Must be a uniformed services Department. applicants. (3) A dependent’s begin date for (ix) Shall re-verify a CAC holder’s member, civilian employee working for benefit eligibility is based on the date need for a CAC every 6 months (180 the sponsoring organization, or a DoD the dependent becomes associated as an days) within TASS. contractor. eligible dependent to an eligible (x) Shall revoke the CAC within the (iii) Must be a CAC holder. TASS upon termination of employment sponsor. (iv) Must establish sites with CPR (4) Guidance on benefit eligibility or completion of affiliation with the capability, oversee CPR TASM DoD. begin dates and ID card expiration dates registration, and ensure other required based on benefits will be maintained at (xi) Shall ensure that the CAC is field support in accordance with DMDC retrieved upon the CAC holder’s http://www.cac.mil. and Service- or agency-level guidelines. (5) Refer to the figure for termination of employment or (2) CPR TASM. The CPR TASM completion of affiliation with the DoD. abbreviations for the tables in this manages the CPR trusted agent (CTA) (e) RAPIDS. RAPIDS must be operated subpart. operations. The CPR TASM: in accordance with DMDC, ‘‘Real-time Automated Personnel Identification (i) Must be a U.S. citizen. FIGURE—BENEFITS TABLE System (RAPIDS) User Guide.’’ RAPIDS (ii) Must be a uniformed services ABBREVIATIONS shall be supported by: member, civilian employee working for (1) SSM. The SSM shall manage the the sponsoring organization, or a DoD daily operations at a RAPIDS site to contractor. include managing users, cardstock, and (iii) Must be a CAC holder. CHC ...... civilian health care. DC ...... direct care at MTFs. consumables. The SPO shall assign a (iv) Shall complete the required C ...... commissary privileges. primary and secondary SSM to each site training and manage CTA operations in MWR ...... MWR privileges. to ensure the site continues to function accordance with DMDC and Service- or E ...... exchange privileges. in the absence of one of the SSMs. The agency-level guidelines. SSM shall perform all responsibilities of (3) CTA. The CTA’s primary role is to § 161.10 Benefits for active duty members a RAPIDS user (VO), as well as all SSM provide PIN reset. The CTA: of the uniformed services. responsibilities. The SSM shall: (i) Must be a U.S. citizen. (i) Be a U.S. citizen. (a) This section describes the benefits (ii) Must be a uniformed services (ii) Be a uniformed services member, for active duty uniformed services member, civilian employee working for civilian employee working for the members and their eligible dependents sponsoring organization, or a DoD the sponsoring organization, or a DoD administered by the uniformed services contractor. contractor. in accordance with 10 U.S.C. chapter 55 (iii) Be a CAC holder. (iii) Must be a CAC holder. and DoD Instruction 1330.17, ‘‘Armed (iv) Complete the training provided by (iv) Shall complete the required Services Commissary Operations’’ DMDC for the SSM and VO roles. training and conduct CPR operations in (available at http://www.dtic.mil/whs/ (v) Be responsible for supporting accordance with DMDC and Service- or directives/corres/pdf/133017p.pdf); DoD RAPIDS functions delineated in DMDC, agency-level guidelines. Instruction 1330.21, ‘‘Armed Services

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Exchange Regulations’’ (available at members and their eligible dependents (1) Active duty service members. http://www.dtic.mil/whs/directives/ are contained in § 161.11. Descriptions Active duty uniformed services corres/pdf/133021p.pdf); and DoD of benefits for surviving dependents of members are eligible for benefits Instruction 1015.10. Descriptions of active duty uniformed services members administered by the uniformed services benefits for National Guard and Reserve are contained in § 161.17. as shown in Table 1.

TABLE 1 TO PART 161—BENEFITS FOR ACTIVE DUTY MEMBERS, NOT INCLUDING NATIONAL GUARD OR RESERVE MEMBERS

CHC DC C MWR E

Member (Self) ...... No ...... Yes ...... Yes ...... Yes ...... Yes.

(2) Dependents of active duty Guard or Reserve members, non-regular retirees who are not in receipt of retired members. Dependents of active duty Service retirees not yet age 60, or pay are identified in §§ 161.11 through members are eligible for benefits as members entitled to retired pay or who 161.14. shown in Table 2 to part 161. Benefits are in receipt of retired pay for non- for the eligible dependents of National regular service, and non-regular Service

TABLE 2 TO PART 161—BENEFITS FOR DEPENDENTS OF ACTIVE DUTY MEMBERS

CHC DC C MWR E

Spouse ...... Yes ...... Yes ...... Yes ...... Yes ...... Yes. Children, Unmarried, Under 21 Years: Legitimate, adopted, stepchild, illegitimate child of record Yes ...... Yes ...... 1 ...... 2 ...... 2. of female member, or illegitimate child of male member whose paternity has been judicially determined or volun- tarily acknowledged. Ward ...... 3 ...... 3 ...... 3 ...... 3 ...... 3. Pre-adoptive Child ...... 4 ...... 4 ...... 4 ...... 4 ...... 4. Foster Child ...... No ...... No ...... 1 ...... 1 ...... 1. Children, Unmarried, 21 Years and Over ...... 5 ...... 5 ...... 1, 5 ...... 5 ...... 5. Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or No ...... 1 ...... 1 ...... 2 ...... 2. Parent by Adoption. Notes: 1. Yes, if a member of a household maintained by or for an authorized sponsor and dependent on that sponsor for over 50 percent of his or her support. Children residing in the household of a separated spouse continue to be eligible for commissary privileges until there is a final di- vorce decree. In the case of a divorce, children residing in the household of a former spouse ARE NOT considered to be members of the author- ized sponsor’s household for commissary privileges. Exception: Children who reside with a former spouse meeting requirements for commissary privileges based on 20 years of marriage during a period the member or retired member performed 20 years of service, or the dependent is enti- tled to privileges as a result of sponsor abuse pursuant to 10 U.S.C. 1408(h). 2. Yes, if dependent on an authorized sponsor for over 50 percent support or children of a sponsor residing in the household of a former spouse (20–20–20 or 10–20–10). 3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months; and: a. Is dependent on the member for over 50 percent support. b. Resides with the member unless separated by the necessity of military service or to receive institutional care as a result of a disability or in- capacitation or under such other circumstances as the administering Secretary or Director may, by regulation, prescribe. 4. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member by a placement agency (recognized by the Secretary of Defense) or by another organization authorized by State or local law to provide adoption placement, in anticipa- tion of the legal adoption by the member. 5. Yes, if the child: a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary and is dependent on the member for over 50 percent of the child’s support; or b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-time student, while a dependent of a member and is dependent on the member for over 50 percent of the child’s support.

§ 161.11 Benefits for National Guard and their eligible dependents are described members are eligible for benefits based Reserve Members of the Uniformed in § 161.13. Benefits for surviving on being ordered to periods of active Services. dependents of deceased National Guard duty or full-time National Guard duty or (a) This section describes the benefits and Reserve members are described in active status in the SelRes, including for National Guard and Reserve § 161.17. Ready Reserve and Standby Reserve and members of the uniformed services and (1) National Guard and Reserve participation in the Reserve Officer their eligible dependents. Benefits for Training Corps. members of the Retired Reserve and members. National Guard and Reserve

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TABLE 3 TO PART 161—BENEFITS FOR NATIONAL GUARD AND RESERVE MEMBERS NOT ON ACTIVE DUTY GREATER THAN 30 DAYS

CHC DC C MWR E

Member (Self) ...... No ...... No ...... Yes ...... Yes ...... Yes.

TABLE 4 TO PART 161—BENEFITS FOR NATIONAL GUARD AND RESERVE MEMBERS ON ACTIVE DUTY FOR PERIODS GREATER THAN 30 DAYS

CHC DC C MWR E

Member (Self) ...... No ...... Yes ...... Yes ...... Yes ...... Yes. Notes: 1. This includes reported periods of early identification of Service members in support of a contingency operation in accordance with DoD In- struction 7730.54, ‘‘Reserve Components Common Personnel Data System (RCCPDS)’’ (available at http://www.dtic.mil/whs/directives/corres/pdf/ 773054p.pdf).

(2) Dependents of National Guard or eligible for benefits as shown in Table Reserve Members. Dependents of 5. National Guard or Reserve members are

TABLE 5 TO PART 161—BENEFITS FOR DEPENDENTS OF NATIONAL GUARD OR RESERVE MEMBERS

CHC DC C MWR E

Spouse ...... 1 ...... 1 ...... Yes ...... Yes ...... Yes. Children, Unmarried, Under 21 Years: Legitimate, adopted, stepchild, illegitimate child of record 1 ...... 1 ...... 2 ...... 3 ...... 3. of female member, or illegitimate child of male member whose paternity has been judicially determined or volun- tarily acknowledged. Ward ...... 1, 4 ...... 1, 4 ...... 4 ...... 4 ...... 4. Pre-adoptive Child ...... 1, 5 ...... 1, 5 ...... 5 ...... 5 ...... 5. Foster Child ...... No ...... No ...... 2 ...... 2 ...... 2. Children, Unmarried, 21 Years and Over ...... 1, 6 ...... 1, 6 ...... 2, 6 ...... 6 ...... 6. Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or No ...... 1, 2 ...... 2 ...... 3 ...... 3. Parent by Adoption. Notes: 1. Yes, if the sponsor is on active duty greater than 30 days. When the order to active duty period is greater than 30 days the eligibility for CHC and DC for eligible dependents begins on the first day of the active duty period. 2. Yes, if a member of a household maintained by or for an authorized sponsor and dependent on that sponsor for over 50 percent of his or her support. Children residing in the household of a separated spouse continue to be eligible for commissary privileges until there is a final di- vorce decree. In the case of a divorce, children residing in the household of a former spouse ARE NOT considered to be members of the author- ized sponsor’s household for commissary privileges. Exception: Children who reside with a former spouse meeting requirements for commissary privileges based on 20 years of marriage during a period the member or retired member performed 20 years of service, or the dependent is enti- tled to privileges as a result of sponsor abuse pursuant to 10 U.S.C. 1408(h). 3. Yes, if dependent on an authorized sponsor for over 50 percent support, or children of a sponsor residing in the household of a former spouse (20–20–20 or 10–20–10). 4. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months; and: a. Is dependent on the member for over 50 percent support. b. Resides with the member unless separated by the necessity of military service or to receive institutional care as a result of a disability or in- capacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe. 5. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member by a placement agency (recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of the legal adoption by the member. 6. Yes, if the child: a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary, and is dependent on the member for over 50 percent of the child’s support; or b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-time student, while a dependent of a member and is dependent on the member for over 50 percent of the child’s support.

§ 161.12 Benefits for former uniformed pay, at age 60, for non-regular service in (1) Former Members and their Eligible services members. accordance with 10 U.S.C. chapter 1223, Dependents. Former members and their (a) This section describes the benefits but have been discharged from their dependents are eligible for benefits as for former uniformed services members respective Service or agency and shown in Table 6 to part 161. and their eligible dependents. Former maintain no military affiliation. members are eligible to receive retired

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TABLE 6 TO PART 161—BENEFITS FOR FORMER MEMBERS AND DEPENDENTS

CHC DC C MWR E

Former Member (Self) ...... 1 ...... 1 ...... Yes ...... Yes ...... Yes. Lawful Spouse ...... 1 ...... 2 ...... Yes ...... Yes ...... Yes. Children, Unmarried, Under 21 Years: Legitimate, adopted, stepchild, illegitimate child of record 1 ...... 2 ...... 3 ...... 4 ...... 4. of female member, or illegitimate child of male member whose paternity has been judicially determined or volun- tarily acknowledged. Ward ...... 1, 5 ...... 2, 5 ...... 5 ...... 5 ...... 5. Pre-adoptive Child ...... 1, 6 ...... 2, 6 ...... 6 ...... 6 ...... 6. Foster Child ...... No ...... No ...... 3 ...... 3 ...... 3. Children, Unmarried, 21 Years and Over ...... 1, 7 ...... 2, 7 ...... 3, 7 ...... 7 ...... 7 Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or No ...... 2, 3 ...... 3 ...... 4 ...... 4 Parent by Adoption. Notes: 1. Yes, if the former member is age 60 or over and in receipt of retired pay for non-regular service; and is: a. Not entitled to Medicare Part A hospital insurance through the SSA, or b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with section 706 of Public Law 111–84, ‘‘National Defense Authorization Act for Fiscal Year 2010.’’ 2. Yes, if former member is age 60 or over and in receipt of retired pay for non-regular service. 3. Yes, if a member of a household maintained by or for an authorized sponsor and dependent on that sponsor for over 50 percent of his or her support. Children residing in the household of a separated spouse continue to be eligible for commissary privileges until there is a final di- vorce decree. In the case of a divorce, children residing in the household of a former spouse ARE NOT considered to be members of the author- ized sponsor’s household for commissary privileges. Exception: Children who reside with a former spouse meeting requirements for commissary privileges based on 20 years of marriage during a period the member or retired member performed 20 years of service, or the dependent is enti- tled to privileges as a result of sponsor abuse pursuant to 10 U.S.C. 1408(h). 4. Yes, if dependent on an authorized sponsor for over 50 percent support, or children of a sponsor residing in the household of a former spouse (20–20–20 or 10–20–10). 5. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member or former member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months; and: a. Is dependent on the member for over 50 percent support. b. Resides with the member or former member unless separated by the necessity of military service or to receive institutional care as a result of a disability or incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe. 6. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member or former member by a placement agency (recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption place- ment, in anticipation of the legal adoption by the member or former member. 7. Yes, if the child: a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary, and is dependent on the former member for over 50 percent of the child’s support; or b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-time student, while a dependent of a member or former member, and is dependent on the member or former member for over 50 percent of the child’s support.

§ 161.13 Benefits for retired members of 10 U.S.C., DoD Instruction 1330.17, DoD and their eligible dependents are the uniformed services. Instruction 1330.21, DoD Instruction described in § 161.12. (a) This section describes the benefits 1015.10, and TRICARE Policy Manual (1) Retired Members. Benefits for for retired uniformed service members 6010.57–M (available at http:// voluntary retired members and PDRL entitled to retired pay and their eligible www.tricare.mil/contracting/healthcare/ retirees are shown in Table 7 to part dependents. Retired uniformed service t3manuals/change2/tp08/c8s9_1.pdf). 161. Benefits for temporary disability members are entitled to retired pay and This includes voluntary, temporary, and eligible for benefits administered by the permanent disability retired list (PDRL) retired list (TDRL) retirees are shown in uniformed services in accordance with retirees. Benefits for former members Table 8 to part 161.

TABLE 7 TO PART 161—BENEFITS FOR VOLUNTARY RETIRED MEMBERS AND PDRL MEMBERS

CHC DC C MWR E

Member (Self) ...... 1 ...... Yes ...... Yes ...... Yes ...... Yes. Notes: 1. Yes, if: a. Not entitled to Medicare Part A hospital insurance through the SSA or b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with section 706 of Public Law 111–84.

TABLE 8 TO PART 161—BENEFITS FOR TDRL MEMBERS

CHC DC C MWR E

Member (Self) ...... 1, 2 ...... Yes ...... Yes ...... Yes ...... Yes. Notes:

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1. If not removed sooner, retention of the service member on the TDRL shall not exceed a period of 5 years. The uniformed service member must be returned to active duty, separated with or without severance pay, or retired as PDRL in accordance with 10 U.S.C. 1210. 2. Yes, if: a. Not entitled to Medicare Part A hospital insurance through the SSA or b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with section 706 of Public Law 111–84.

(2) Retired Reserve. Benefits for shown in Table 9. When a Retired member is in receipt of retired pay members of the Retired Reserve who Reserve member is ordered to active under age 60 (non-regular Service have attained 20 creditable years of duty greater than 30 days, their benefits retirement), or upon reaching age 60, service, have not reached the age of 60, will reflect what is shown in Table 10 their benefits will reflect what is shown and are not in receipt of retired pay are to part 161. When a Retired Reserve in Table 11 to part 161.

TABLE 9 TO PART 161—BENEFITS FOR RETIRED RESERVE MEMBERS

CHC DC C MWR E

Member (Self) ...... No ...... No ...... Yes ...... Yes ...... Yes.

TABLE 10 TO PART 161—BENEFITS FOR RETIRED RESERVE MEMBERS ORDERED TO ACTIVE DUTY GREATER THAN 30 DAYS

CHC DC C MWR E

Member (Self) ...... No ...... Yes ...... Yes ...... Yes ...... Yes.

TABLE 11 TO PART 161—BENEFITS FOR NON-REGULAR SERVICE RETIREMENT FOR QUALIFYING READY RESERVE MEMBERS

CHC DC C MWR E

Member (Self) ...... 1 ...... 1 ...... Yes ...... Yes ...... Yes. Notes: 1. Yes, if age 60 or over, and: a. Applied for or in receipt of retired pay in accordance with 10 U.S.C. 1074. If in receipt of retired pay in accordance with the provisions of 10 U.S.C. 12731, after the date of the enactment of section 647 of Public Law 110–181, ‘‘National Defense Authorization Act for Fiscal Year 2008,’’ the member must be age 60 to qualify for CHC and DC. b. Not entitled to Medicare Part A hospital insurance through the SSA, or c. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with section 706 of Public Law 111–84.

(3) Dependents. Dependents of retired regular Service retirees entitled to Service retirees, age 60 or over, in uniformed services members entitled to retired pay in accordance with the receipt of retired pay for non-regular retired pay, including TDRL and PDRL, provisions of 10 U.S.C. 12731 after the service in accordance with 10 U.S.C. non-regular Service retirees not yet age date of the enactment of section 647 of chapter 1223, are eligible for benefits as 60 not in receipt of retired pay; non- Public Law 110–181; and non-regular shown in Table 12 to part 161.

TABLE 12 TO PART 161—BENEFITS FOR DEPENDENTS OF RETIRED UNIFORMED SERVICES MEMBERS

CHC DC C MWR E

Lawful Spouse ...... 1 ...... 2 ...... Yes ...... Yes ...... Yes. Children, Unmarried, Under 21 Years: Legitimate, adopted, stepchild, illegitimate child of record 1 ...... 2 ...... 3 ...... 4 ...... 4. of female member, or illegitimate child of male member whose paternity has been judicially determined or volun- tarily acknowledged. Ward ...... 1, 5 ...... 2, 5 ...... 5 ...... 5 ...... 5. Pre-adoptive Child ...... 1, 6 ...... 2, 6 ...... 6 ...... 6 ...... 6. Foster Child ...... No ...... No ...... 3 ...... 3 ...... 3. Children, Unmarried, 21 Years and Over ...... 1, 7 ...... 2, 7 ...... 3, 7 ...... 7 ...... 7. Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or No ...... 2, 3 ...... 3 ...... 4 ...... 4. Parent by Adoption. Notes: 1. Yes, if the sponsor is: a. Retired (as shown in Tables 7 and 8) and the dependent is not entitled to Medicare Part A hospital insurance through the SSA; or if entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with section 706 of Public Law 111–84; b. A National Guard or Reserve member on a period of active duty in excess of 30 days (as shown in Table 10). When the ordered to active duty period is greater than 30 days the eligibility for CHC and DC for the eligible dependents begins on the first day of the active duty period; or c. A medically eligible non-regular Service Reserve Retiree, age 60 or over, as shown in Table 11.

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2. Yes, if the sponsor is: a. Retired (as shown in Tables 7 and 8); b. A National Guard or Reserve member on a period of active duty in excess of 30 days (as shown in Table 10). When the ordered to active duty period is greater than 30 days the eligibility for CHC and DC for the eligible dependents begins on the first day of the active duty period; or c. A medically eligible non-regular Service Reserve Retiree, age 60 or over, as seen in Table 11. 3. Yes, if a member of a household maintained by or for an authorized sponsor and dependent on that sponsor for over 50 percent of his or her support. Children residing in the household of a separated spouse continue to be eligible for commissary privileges until there is a final di- vorce decree. In the case of a divorce, children residing in the household of a former spouse ARE NOT considered to be members of the author- ized sponsor’s household for commissary privileges. Exception: Children who reside with a former spouse meeting requirements for commissary privileges based on 20 years of marriage during a period the member or retired member performed 20 years of service, or the dependent is enti- tled to privileges as a result of sponsor abuse pursuant to 10 U.S.C. 1408(h). 4. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support or children of a sponsor residing in the household of a former spouse (20–20–20 or 10–20–10). 5. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member or former member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months; and: a. Is dependent on the member for over 50 percent support. b. Resides with the member or former member unless separated by the necessity of military service or to receive institutional care as a result of a disability or incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe. 6. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member or former member by a placement agency (recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption place- ment, in anticipation of the legal adoption by the member or former member. 7. Yes, if the child: a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary, and is dependent on the former member for over 50 percent of the child’s support; or b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-time student, while a dependent of a member or former member, and is dependent on the member or former member for over 50 percent of the child’s support.

§ 161.14 Benefits for MOH recipients. and who are not otherwise entitled to uniformed service members who are (a) This section describes the benefits military medical and dental care. entitled to military retired pay and the Section 706 of Public Law 106–398 for MOH recipients and their dependents of those former members. authorized MOH recipients not dependents who are authorized Eligibility for the benefits described in otherwise entitled to military medical Table 13 to part 161 begins on the date pursuant to section 706 of Public Law and dental care and their dependents to 106–398, ‘‘National Defense of award of the MOH but no earlier than be given care in the same manner that October 30, 2000. Authorization Act for Fiscal Year 2001’’ such care is provided to former

TABLE 13 TO PART 161—BENEFITS FOR MOH RECIPIENTS AND DEPENDENTS

CHC DC C MWR E

Self ...... 1 ...... 2 ...... Yes ...... Yes ...... Yes. Lawful Spouse ...... 1 ...... 2 ...... Yes ...... Yes ...... Yes. Children, Unmarried, Under 21 Years: Legitimate, adopted, stepchild, illegitimate child of record 1 ...... 2 ...... 3 ...... 4 ...... 4. of female member, or illegitimate child of male member whose paternity has been judicially determined or volun- tarily acknowledged. Ward ...... 1, 5 ...... 2, 5 ...... 5 ...... 5 ...... 5. Pre-adoptive Child ...... 1, 6 ...... 2, 6 ...... 6 ...... 6 ...... 6. Foster Child ...... No ...... No ...... 3 ...... 3 ...... 3. Children, Unmarried, 21 Years and Over ...... 1, 7 ...... 2, 7 ...... 3, 7 ...... 7 ...... 7. Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or No ...... 2, 3 ...... 3 ...... 4 ...... 4. Parent by Adoption. Notes: 1. Yes, if the sponsor is a MOH recipient and is not otherwise entitled to medical care as of or after October 30, 2000 pursuant to section 706 of Public Law 106–398 and: a. Is not entitled to Medicare Part A hospital insurance through the SSA or b. Is entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accord- ance with section 706 of Public Law 111–84. 2. Yes, if the sponsor is a MOH recipient and is not otherwise entitled to medical care as of or after October 30, 2000 pursuant to section 706 of Public Law 106–398. 3. Yes, if a member of a household maintained by or for an authorized sponsor and dependent on that sponsor for over 50 percent of his or her support. Children residing in the household of a separated spouse continue to be eligible for commissary privileges until there is a final di- vorce decree. In the case of a divorce, children residing in the household of a former spouse ARE NOT considered to be members of the author- ized sponsor’s household for commissary privileges. Exception: Children who reside with a former spouse meeting requirements for commissary privileges based on 20 years of marriage during a period the member or retired member performed 20 years of service, or the dependent is enti- tled to privileges as a result of sponsor abuse pursuant to 10 U.S.C. 1408. 4. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support or children of a sponsor residing in the household of a former spouse (20–20–20 or 10–20–10). 5. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member or former member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months; and: a. Is dependent on the member for over 50 percent support. b. Resides with the member or former member unless separated by the necessity of military service or to receive institutional care as a result of a disability or incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe.

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6. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member or former member by a placement agency (recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption place- ment, in anticipation of the legal adoption by the member or former member. 7. Yes, if the child: a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary, and is dependent on the former member for over 50 percent of the child’s support or b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-time student, while a dependent of a member or former member, and is dependent on the member or former member for over 50 percent of the child’s support.

§ 161.15 Benefits for Disabled American DAVs nor their eligible dependents percent unemployable from a uniformed Veterans (DAV). receive CHC or DC benefits from the service-connected injury or disease and (a) This section describes the benefits DoD based on their affiliation. certified by VA, and their dependents, for DAVs rated as 100 percent disabled Honorably discharged veterans rated by are eligible for benefits as shown in or 100 percent unemployable by the VA the VA as 100 percent disabled or 100 Table 14 to part 161. and their eligible dependents. Neither

TABLE 14 TO PART 161—BENEFITS FOR 100 PERCENT DAVS AND DEPENDENTS

CHC DC C MWR E

Self ...... No ...... No ...... Yes ...... Yes ...... Yes. Lawful Spouse ...... No ...... No ...... Yes ...... Yes ...... Yes. Children, Unmarried, Under 21 Years: Legitimate, adopted, stepchild, illegitimate child of record No ...... No ...... 1 ...... 2 ...... 2. of female member, or illegitimate child of male member whose paternity has been judicially determined or volun- tarily acknowledged. Pre-adoptive Child ...... No ...... No ...... 4 ...... 4 ...... 4. Children, Unmarried, 21 Years and Over ...... No ...... No ...... 1, 5 ...... 5 ...... 5. Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or No ...... No ...... 1 ...... 2 ...... 2. Parent-by-Adoption. Notes: 1. Yes, if a member of a household maintained by or for an authorized sponsor and dependent on that sponsor for over 50 percent of his or her support. Children residing in the household of a separated spouse continue to be eligible for commissary privileges until there is a final di- vorce decree. In the case of a divorce, children residing in the household of a former spouse ARE NOT considered to be members of the author- ized sponsor’s household for commissary privileges. Exception: Children who reside with a former spouse meeting requirements for commissary privileges based on 20 years of marriage during a period the member or retired member performed 20 years of service, or the dependent is enti- tled to privileges as a result of sponsor abuse pursuant to 10 U.S.C. 1408. 2. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support or children of a sponsor residing in the household of a former spouse (20–20–20 or 10–20–10). 3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member or former member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months; and: a. Is dependent on the member for over 50 percent support. b. Resides with the member or former member unless separated by the necessity of military service or to receive institutional care as a result of a disability or incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe. 4. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member or former member by a placement agency (recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption place- ment, in anticipation of the legal adoption by the member or former member. 5. Yes, if the child: a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary, and is dependent on the former member for over 50 percent of the child’s support or b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-time student, while a dependent of a member or former member, and is dependent on the member or former member for over 50 percent of the child’s support.

§ 161.16 Benefits for transitional health Authorization Act of for Fiscal Year Defense Authorization Act for Fiscal care members and dependents. 2005’’ made the THC program Year 2009’’ extended THC benefits to This section shows the benefits for permanent and made the medical uniformed service members separating THC members and their eligible eligibility 180 days for all eligible from active duty who agree to become dependents. THC (formerly the TAMP) uniformed services members. Section members of the SelRes of the Ready was instituted in section 502 of Public 651 of Public Law 110–181 extended 2 Reserve of a reserve component. Law 101–510, ‘‘Department of Defense years’ commissary and exchange Uniformed service members separated Appropriations Bill Fiscal Year 1991’’ benefits to THC members. Section 734 as uncharacterized entry-level effective October 1, 1990. Section 706 of of Public Law 110–417, ‘‘National separations do not qualify for THC. Public Law 108–375, ‘‘National Defense

TABLE 15 TO PART 161—BENEFITS FOR THC MEMBERS AND DEPENDENTS

CHC DC C MWR E

THC Member (Self) ...... 1 ...... 1 ...... 2, 3, 4 ...... 2, 3, 4 ...... 2, 3, 4. Lawful Spouse ...... 1 ...... 1 ...... 2, 3, 4 ...... 2, 3, 4 ...... 2, 3, 4. Children, Unmarried, Under 21 Years:

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TABLE 15 TO PART 161—BENEFITS FOR THC MEMBERS AND DEPENDENTS—Continued

CHC DC C MWR E

Legitimate, adopted, stepchild, illegitimate child of record 1 ...... 1 ...... 2, 3, 4, 5 ...... 2, 3, 4, 6 ...... 2, 3, 4, 6. of female member, or illegitimate child of male member whose paternity has been judicially determined or volun- tarily acknowledged. Ward ...... 1, 7 ...... 1, 7 ...... 2, 3, 4, 7 ...... 2, 3, 4, 7 ...... 2, 3, 4, 7. Pre-adoptive Child ...... 1, 8 ...... 1, 8 ...... 2, 3, 4, 8 ...... 2, 3, 4, 8 ...... 2, 3, 4, 8. Foster Child ...... No ...... No ...... 2, 3, 4, 5 ...... 2, 3, 4, 5 ...... 2, 3, 4, 5. Children, Unmarried, 21 Years and Over ...... 1, 9 ...... 1, 9 ...... 5, 9 ...... 9 ...... 9. Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or No ...... 1, 9 ...... 2, 3, 4, 5 ...... 2, 3, 4, 6 ...... 2, 3, 4, 6. Parent-by-Adoption. Notes: 1. Yes, medical entitlement for 180 days beginning on the date after the member separated from the qualifying active duty period. There is no exception based on entitlement to Medicare Part A. The THC eligible sponsor and eligible dependents receive the medical benefits as if they were active duty eligible dependents. 2. No, if the member separated on or after January 1, 2001 but before October 1, 2007; or if separated in accordance with 10 U.S.C. 1145(a)(2)(F). 3. No, if the member separated from active duty to join the SelRes or the Ready Reserve of a Reserve Component. 4. Yes, if the member was separated during the period beginning on October 1, 1990, through December 31, 2001, or after October 1, 2007. Entitlement shall be for 2 years, beginning on the date the member separated. 5. Yes, if a member of a household maintained by or for an authorized sponsor and dependent on that sponsor for over 50 percent of his or her support. Children residing in the household of a separated spouse continue to be eligible for commissary privileges until there is a final di- vorce decree. In the case of a divorce, children residing in the household of a former spouse are not considered to be members of the author- ized sponsor’s household for commissary privileges, except children who reside with a former spouse meeting requirements for commissary privi- leges based on 20 years of marriage during a period the member or retired member performed 20 years of service. 6. Yes, if dependent on the authorized sponsor for over 50 percent of his or her support or children of a sponsor residing in the household of a former spouse (20–20–20 or 10–20–10). 7. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member or former member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months; and: a. Is dependent on the member for over 50 percent support. b. Resides with the member or former member unless separated by the necessity of military service or to receive institutional care as a result of a disability or incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe. 8. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member or former member by a placement agency (recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption place- ment, in anticipation of the legal adoption by the member or former member. 9. Yes, if the child: a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary, and is dependent on the former member for over 50 percent of the child’s support; or b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-time student, while a dependent of a member or former member, and is dependent on the member or former member for over 50 percent of the child’s support.

§ 161.17 Benefits for surviving service members, deceased MOH on active duty under orders that dependents. recipients, and deceased 100 percent specified a period of more than 30 days (a) This section describes the benefits DAV. or members who died while in a retired for surviving dependents of active duty (1) Surviving dependents of active with pay status are eligible for benefits deceased uniformed services members, duty deceased members. Surviving as shown in Table 16 to part 161. deceased National Guard and Reserve dependents of members who died while

TABLE 16 TO PART 161—BENEFITS FOR SURVIVING DEPENDENTS OF ACTIVE DUTY DECEASED MEMBERS

CHC DC C MWR E

Widow or widower: Unremarried ...... 1 ...... Yes ...... Yes ...... Yes ...... Yes. Remarried ...... No ...... No ...... No ...... No ...... No. Unmarried ...... No ...... No ...... Yes ...... Yes ...... Yes. Children, Unmarried, or Under 21 Years (Including Orphans): Legitimate, adopted, stepchild, illegitimate child of record 1 ...... Yes ...... 2 ...... 3 ...... 3. of female member, or illegitimate child of male member whose paternity has been judicially determined or volun- tarily acknowledged. Ward ...... 1, 4 ...... 1, 4 ...... 4 ...... 4 ...... 4. Pre-adoptive Child ...... 1, 5 ...... 1, 5 ...... 5 ...... 5 ...... 5. Foster Child ...... No ...... No ...... 2 ...... 2 ...... 2. Children, Unmarried, 21 Years and Over ...... 1, 6 ...... 6 ...... 2, 6 ...... 6 ...... 6. Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or No ...... 2 ...... 2 ...... 3 ...... 3. Parent by Adoption. Notes: 1. Yes, if the sponsor died on active duty (for dependents of National Guard or Reserve members or Retired Reserve members the period of active duty must be in excess of 30 days in order to qualify for the benefits in this table) and:

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a. If claims are filed less than 3 years from the date of death, there is no Medicare exception for the widow. After 3 years from the date of death, the widow is eligible if, (1) Not entitled to Medicare Part A hospital insurance through the SSA. (2) Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accord- ance with section 706 of Public Law 111–84. b. Yes, for children regardless of the number of years from the date of death or entitlement to Medicare they are entitled. 2. Yes, if at the time of the sponsor’s death, the person was living in a home provided by or for an authorized sponsor and was dependent on the sponsor for over 50 percent of his or her support. Children residing in the household of the authorized sponsor at the time of death are enti- tled to commissary privileges. 3. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support at the time of the sponsor’s death or children of a sponsor residing in the household of a former spouse (20–20–20 or 10–20–10). 4. Yes, if, for determinations of dependency made on or after July 1, 1994, and prior to the death of the member, the child had been placed in the legal custody of the member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months; and was at the time of the sponsor’s death: a. Dependent on the member for over 50 percent support. b. Residing with the member unless separated by the necessity of military service or to receive institutional care as a result of a disability or in- capacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe. 5. Yes, if, for determinations of dependency made on or after October 5, 1994, and prior to the death of the member, the child had been placed in the home of the member by a placement agency (recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of the legal adoption by the member. 6. Yes, if the child: a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary, and is or was at the time of the member’s death dependent on the member for over 50 percent of the child’s support; or b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-time student, while a dependent of a member or former member and is or was at the time of the member’s death dependent on the member for over 50 percent of the child’s support.

(2) Surviving dependents of deceased active duty for training, or on inactive performing, or while traveling to or from National Guard and Reserve members duty training, or while traveling to or performing active duty for a period of 30 not on an active duty period greater from the place at which the member was days or less, or active duty for training, than 30 days. The surviving dependents to perform, or performed, such active or inactive duty training, or while of National Guard and Reserve Service duty, active duty for training, or inactive performing service on funeral honors in members are eligible for the benefits duty training pursuant to 10 U.S.C. 1076 accordance with 10 U.S.C. 1074a and if shown in Table 17 to part 161 if: and 1086(c)(2) and if death occurred on death occurred on or after November 15, (i) The National Guard or Reserve or after October 1, 1985; or 1986. member died from an injury or illness (ii) The National Guard or Reserve incurred or aggravated while on active member died from an injury, illness, or duty for a period of 30 days or less, on disease incurred or aggravated while

TABLE 17 TO PART 161—BENEFITS FOR SURVIVING DEPENDENTS OF DECEASED NATIONAL GUARD AND RESERVE MEMBERS NOT ON ACTIVE DUTY FOR A PERIOD GREATER THAN 30 DAYS

CHC DC C MWR E

Widow or Widower: Unremarried ...... 1, 2 ...... 2 ...... 2 ...... 2 ...... 2. Remarried ...... No ...... No ...... No ...... No ...... No. Unmarried ...... No ...... No ...... 2 ...... 2 ...... 2. Children, Unmarried, Under 21 Years (Including Orphans): 1, 2 ...... 2 ...... 2, 3 ...... 2, 4 ...... 2, 4. Legitimate, adopted, stepchild, illegitimate child of record of female member, or illegitimate child of male member whose paternity has been judicially determined or volun- tarily acknowledged. Ward ...... 1, 2, 5 ...... 2, 5 ...... 2, 5 ...... 2, 5 ...... 2, 5. Pre-adoptive Child ...... 1, 2, 6 ...... 2, 6 ...... 2, 6 ...... 2, 6 ...... 2. 6. Foster Child ...... No ...... No ...... 2, 3 ...... 2, 3 ...... 2, 3. Children, Unmarried, 21 Years and Over ...... 1, 2, 7 ...... 2, 7 ...... 2, 3, 7 ...... 2, 7 ...... 2, 7. Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or No ...... 2, 3 ...... 2, 3 ...... 2, 4 ...... 2, 4. Parent by Adoption. Notes: 1. Yes, if: a. Not entitled to Medicare Part A hospital insurance through the SSA. b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with section 706 of Public Law 111–84. 2. Yes, only if death occurred on or after 1 October 1985 in accordance with the provisions of 10 U.S.C. 1076, or on or after November 15, 1986 in accordance with the provisions of 10 U.S.C. 1074a. 3. Yes, if at the time of the sponsor’s death the person was living in a home provided by or for an authorized sponsor and was dependent on the sponsor for over 50 percent of his or her support. Children residing in the household of the authorized sponsor at the time of death, but not the household of the sponsor’s former spouse, are entitled to commissary privileges. 4. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support at the time of the sponsor’s death or children of a sponsor residing in the household of a former spouse (20–20–20 or 10–20–10). 5. Yes, if, for determinations of dependency made on or after July 1, 1994, and prior to the death of the member, the child had been placed in the legal custody of the member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months and was at the time of the sponsor’s death: a. Dependent on the member for over 50 percent support. b. Residing with the member unless separated by the necessity of military service or to receive institutional care as a result of a disability or in- capacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe.

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6. Yes, if, for determinations of dependency made on or after October 5, 1994, and prior to the death of the member, the child had been placed in the home of the member by a placement agency (recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of the legal adoption. 7. Yes, if the child: a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary, and is or was at the time of the member’s death dependent on the member for over 50 percent of the child’s support; or b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-time student, while a dependent of a member and is or was at the time of the member’s or former member’s death dependent on the mem- ber for over 50 percent of the child’s support.

(3) Surviving dependents of deceased Reserve members who have died before 60, but HAD NOT transferred to the National Guard and Reserve members in the age of 60 are eligible for the benefits Retired Reserve. receipt of their notice of eligibility shown in Table 18 to part 161 if the (ii) A Retired Reserve member eligible (NOE), Retired Reserve members not yet deceased sponsor was: for pay at age 60, not yet age 60. age 60, and former members not in (i) A Reserve member who had earned receipt of retired pay. The surviving 20 qualifying years for retirement and (iii) A former member who had met dependents of National Guard and received their NOE for retired pay at age time-in-service requirements.

TABLE 18 TO PART 161—BENEFITS FOR SURVIVING DEPENDENTS OF NATIONAL GUARD AND RESERVE MEMBERS WHO HAVE DIED BEFORE AGE 60

CHC DC C MWR E

Widow or Widower: Unremarried ...... 1, 2 ...... 1 ...... Yes, 8 ...... Yes, 8 ...... Yes, 8. Remarried ...... No ...... No ...... No ...... No ...... No. Unmarried ...... No ...... No ...... Yes, 8 ...... Yes, 8 ...... Yes, 8. Children, Unmarried, Under 21 Years (Including Orphans): Legitimate, adopted, stepchild, illegitimate child of record 1, 2 ...... 1 ...... 3,8 ...... 4,8 ...... 4,8. of female member, or illegitimate child of male member whose paternity has been judicially determined or volun- tarily acknowledged. Ward ...... 1, 2, 5 ...... 1, 5 ...... 3, 5, 8 ...... 4, 5, 8 ...... 4, 5, 8. Pre-adoptive Child ...... 1, 2, 6 ...... 1, 6 ...... 3, 6, 8 ...... 4, 6, 8 ...... 4, 6, 8. Foster Child ...... No ...... No ...... 3 ...... 3 ...... 3. Children, Unmarried, 21 Years and Over ...... 1, 2, 7 ...... 1, 7 ...... 3, 7, 8 ...... 4, 7, 8 ...... 4, 7, 8. Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or No ...... 3, 8 ...... 3, 8 ...... 3, 8 ...... 3, 8. Parent by Adoption. Notes: 1. Yes, on or after the date the member would have become age 60. 2. Yes, if: a. Not entitled to Medicare Part A hospital insurance through the SSA or b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with section 706 of Public Law 111–84. 3. Yes, if at the time of the sponsor’s death, the person was living in a home provided by or for an authorized sponsor and was dependent on the sponsor for over 50 percent of his or her support. Children residing in the household of the authorized sponsor at the time of death, but not the household of the sponsor’s former spouse, are entitled to commissary privileges. Medical care is only authorized on or after the date the uni- formed service member would have become age 60. 4. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support at the time of the sponsor’s death or children of a sponsor residing in the household of a former spouse (20–20–20 or 10–20–10). 5. Yes, if, for determinations of dependency made on or after July 1, 1994, and prior to the death of the member, the child had been placed in the legal custody of the member or former member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months; and was at the time of the sponsor’s death: a. Dependent on the member for over 50 percent support. b. Residing with the member or former member unless separated by the necessity of military service or to receive institutional care as a result of a disibility or incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe. 6. Yes, if, for determinations of dependency made on or after October 5, 1994, and prior to the death of the member, the child had been placed in the home of the member or former member by a placement agency (recognized by the Secretary of Defense) or by another source au- thorized by State or local law to provide adoption placement, in anticipation of the legal adoption. 7. Yes, if the child: a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary, and is or was at the time of the member’s or former member’s death dependent on the former member for over 50 percent of the child’s support; or b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-time student, while a dependent of a member or former member and is, or was at the time of the member’s or former member’s death, de- pendent on the member or former member for over 50 percent of the child’s support. 8. Eligible dependents of deceased former members who died prior to age 60 receive commissary, MWR, and exchange benefits. If the former member dies after applying for pay upon reaching age 60 then the eligible dependents are entitled to medical care only in accordance with notes 1 and 2 as applicable.

(4) Surviving dependents of deceased dependents of deceased uniformed recipients are eligible for the benefits uniformed services retirees or deceased services retirees or deceased MOH shown in Table 19 to part 161. MOH recipients. The surviving

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TABLE 19 TO PART 161—BENEFITS FOR SURVIVING DEPENDENTS OF DECEASED UNIFORMED SERVICES RETIREES AND DECEASED MOH RECIPIENTS

CHC DC C MWR E

Widow or Widower: Unremarried ...... 1, 2, 3 ...... 3, 4 ...... Yes ...... Yes ...... Yes. Remarried ...... No ...... No ...... No ...... No ...... No. Unmarried ...... No ...... No ...... Yes ...... Yes ...... Yes. Children, Unmarried, Under 21 Years: Legitimate, adopted, stepchild, illegitimate child of mem- 1, 2, 3 ...... 3, 5 ...... 6 ...... 4 ...... 4. ber, illegitimate child of spouse. Ward ...... 1, 2, 3, 7 ...... 3, 4, 7 ...... 7 ...... 7 ...... 7. Pre-adoptive Child ...... 1, 2, 3, 8 ...... 3, 4, 8 ...... 8 ...... 8 ...... 8. Foster Child ...... No ...... No ...... 6 ...... 6 ...... 6. Children, Unmarried, 21 Years and Over ...... 1, 2, 3, 9 ...... 3, 4, 9 ...... 6, 9 ...... 9 ...... 9. Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or No ...... No ...... 6 ...... 4 ...... 4. Parent by Adoption. Notes: 1. Yes, if the deceased uniformed service member was a retired uniformed service member entitled to retired pay, including TDRL or PDRL, or a non-regular Service retiree, age 60 or over, in receipt of retired pay, and if the person is: a. Not entitled to Medicare Part A hospital insurance through the SSA; or, b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with section 706 of Public Law 111–84. 2. Yes, if the deceased MOH recipient was not otherwise entitled to medical care as of, or after October 30, 2000 in accordance with section 706 of Public Law 106–398 and if the person is: a. Not entitled to Medicare Part A hospital insurance through the SSA; or, b. Entitled to Medicare Part A, hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accord- ance with section 706 of Public Law 111–84. 3. No, if the deceased uniformed service member was a non-regular Service Retiree in accordance with the provision of 10 U.S.C. 12731 after the enactment of Public Law 110–181, sections 647 and 1106. The eligible surviving dependents will become eligible for CHC and DC on the an- niversary of the 60th birthday of the deceased uniformed service member. Eligibility for CHC also requires that the person is: a. Not entitled to Medicare Part A hospital insurance through the SSA; or, b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with section 706 of Public Law 111–84. 4. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support at the time of the sponsor’s death or children of a sponsor residing in the household of a former spouse (20–20–20 or 10–20–10). 5. Yes, if the deceased was a retired uniformed services member entitled to retired pay, including TDRL or PDRL, or a non-regular Service re- tiree, age 60 or over, in receipt of retired pay, or a deceased MOH recipient not otherwise entitled to medical care as of or after, October 30, 2000, or a deceased non-regular Service retiree entitled in accordance with the provisions of 10 U.S.C. 12731 after the enactment of Public Law 110–181, sections 647 and 1106 on the anniversary of the 60th birthday of the deceased uniformed Service member. 6. Yes, if a member of a household maintained by or for an authorized sponsor and dependent on that sponsor for over 50 percent of his or her support. Children residing in the household of a separated spouse continue to be eligible for commissary privileges until there is a final di- vorce decree. In the case of a divorce, children residing in the household of a former spouse are not considered to be members of the author- ized sponsor’s household for commissary privileges. 7. Yes, if, for determinations of dependency made on or after July 1, 1994, and prior to the death of the member, the child had been placed in the legal custody of the member or former member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months; and was at the time of the sponsor’s death: a. Dependent on the member for over 50 percent support. b. Residing with the member or former member unless separated by the necessity of military service or to receive institutional care as a result of a disability or incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe. 8. Yes, if, for determinations of dependency made on or after October 5, 1994, and prior to the death of the member, the child had been placed in the home of the member or former member by a placement agency (recognized by the Secretary of Defense) or by another source au- thorized by State or local law to provide adoption placement, in anticipation of the legal adoption. 9. Yes, if the child: a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary, and is or was at the time of the member’s or former member’s death dependent on the former member for over 50 percent of the child’s support; or b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-time student, while a dependent of a member or former member and is or was at the time of the member’s or former member’s death de- pendent on the member or former member for over 50 percent of the child’s support.

(5) Surviving Dependents of 100 100 percent disabled or 100 percent disease at the time of his or her death Percent DAVs. Surviving dependents of unemployable by the VA from a are eligible for benefits as shown in honorably discharged veterans rated as uniformed services-connected injury or Table 20 to part 161.

TABLE 20 TO PART 161—BENEFITS FOR SURVIVING DEPENDENTS OF 100 PERCENT DAVS

CHC DC C MWR E

Widow or Widower: (DoD Beneficiary): Unremarried ...... No ...... No ...... Yes ...... Yes ...... Yes. Remarried ...... No ...... No ...... No ...... No ...... No. Unmarried ...... No ...... No ...... Yes ...... Yes ...... Yes. Children, Unmarried, Under 21 Years: Legitimate, adopted, stepchild, illegitimate child of mem- No ...... No ...... 1 ...... 4 ...... 4. ber, illegitimate child of spouse. Ward ...... No ...... No ...... 2 ...... 2 ...... 2.

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TABLE 20 TO PART 161—BENEFITS FOR SURVIVING DEPENDENTS OF 100 PERCENT DAVS—Continued

CHC DC C MWR E

Pre-adoptive Child ...... No ...... No ...... 3 ...... 3 ...... 3. Children, Unmarried, 21 Years and Over ...... No ...... No ...... 1, 5 ...... 1, 5 ...... 1, 5. Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or No ...... No ...... 1 ...... 4 ...... 4. Parent by Adoption. Notes: 1. Yes, if at the time of the sponsor’s death, the person was living in a home provided by or for an authorized sponsor and was dependent on the sponsor for over 50 percent of his or her support. Children residing in the household of the authorized sponsor at the time of death are enti- tled to commissary privileges. 2. Yes, if, for determination of dependency made on or after July 1, 1994, was placed in the legal custody of the member or former member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months; and was at the time of the sponsor’s death: a. Dependent on the member for over 50 percent support. b. Residing with the member or former member unless separated by the necessity of military service or to receive institutional care as a result of a disability or incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe. 3. Yes, if, for determinations of dependency made on or after July 1, 1994, and prior to the death of the member, the child had been placed in the home of the member or former member by a placement agency (recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of the legal adoption. 4. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support at the time of the sponsor’s death or children of a sponsor residing in the household of a former spouse (20–20–20 or 10–20–10). 5. Yes, if the child: a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary, and is or was at the time of the member’s or former member’s death, dependent on the former member for over 50 percent of the child’s support; or b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-time student, while a dependent of a member or former member and is, or was at the time of the member’s or former member’s death, de- pendent on the member or former member for over 50 percent of the child’s support.

§ 161.18 Benefits for abused dependents. eligibility to receive retired pay these benefits the eligible spouse or (a) Abused dependents of active duty terminated as a result of misconduct child may not reside in the household uniformed services members entitled to involving the abuse of the spouse or of the sponsor. See § 161.19 for retired pay based on 20 or more years dependent child pursuant to 10 U.S.C. additional information on abused of service who, on or after October, 23, 1408(h), are eligible for benefits as dependents under the 10/20/10 former 1992, while a member, have their shown in Table 21. For the purposes of spouse rule.

TABLE 21 TO PART 161—BENEFITS FOR ABUSED DEPENDENTS OF RETIREMENT ELIGIBLE UNIFORMED SERVICES MEMBERS

CHC DC C MWR E

Lawful Spouse ...... 1, 2, 6 ...... 2, 6 ...... 2, 6 ...... 2, 6 ...... 2, 6. Children, Unmarried, Under 18 Years: Legitimate, adopted, stepchild, pre-adoptive ...... 1, 3 ...... 3 ...... 4 ...... 4 ...... 4. Children, Unmarried, 18 Years and Over (If entitled above) ...... 1, 4, 5 ...... 4, 5 ...... 4, 5 ...... 4, 5 ...... 4, 5. Notes: 1. Yes, if: a. Not entitled to Medicare Part A hospital insurance through the SSA. b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with section 706 of Public Law 111–84. 2. Yes, if a court order provides for an annuity for the spouse. 3. Yes, if a member of the household where the abuse occurred. 4. Yes, if a member of the household where the abuse occurred and dependent on that sponsor for over 50 percent of his or her support at the time the abuse occurred. 5. Yes, if the child: a. Is older than 18 years old and is enrolled in a full-time course of study at an institution of higher learning approved by the administering Sec- retary; or b. Is incapable of self-support because of a mental or physical incapacity that existed before age 18, or occurred before the age of 23 while a full-time student. 6. The spouse must have been married to the uniformed service member for at least 10 years, the uniformed service member must have com- pleted 20 creditable years for retired pay, and they must have been married at least 10 years during the 20 years of creditable service (see § 161.19). The uniformed services shall prescribe specific procedures to verify the eligibility of an applicant.

(b) Dependents of active duty of the spouse or child, or was 134224p.pdf). For the purposes of these uniformed service members (who have administratively discharged as a result benefits the eligible spouse or child may served for a continuous period greater of such an offense, separated on or after not reside in the household of the than 30 days) not entitled to retired pay November 30, 1993, are eligible for sponsor. A maximum of up to 36 who have received a dishonorable or transitional privileges in accordance months of medical benefits can be bad-conduct discharge, dismissal from a with DoD Instruction 1342.24, granted by the uniformed services to the uniformed service as a result of a court ‘‘Transitional Compensation for Abused transitional compensation dependent. martial conviction for an offense Dependents’’ (available at http:// involving physical or emotional abuse www.dtic.mil/whs/directives/corres/pdf/

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TABLE 22 TO PART 161—BENEFITS FOR ABUSED DEPENDENTS OF NON-RETIREMENT ELIGIBLE UNIFORMED SERVICES MEMBERS

CHC DC C MWR E

Lawful Spouse ...... 1, 2 ...... 2 ...... 2 ...... 2 ...... 2. Children, Unmarried, Under 18 Years: Legitimate, adopted, and stepchild ...... 1, 2 ...... 2 ...... 2 ...... 2 ...... 2. Children, Unmarried, 18 Years and Over (If entitled above) ...... 1, 2, 3 ...... 2, 3 ...... 2, 3 ...... 2, 3 ...... 2, 3. Notes: 1. Yes, if: a. Not entitled to Medicare Part A hospital insurance through the SSA. b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with section 706 of Public Law 111–84. 2. Yes, if a. Residing with the member at the time of the dependent-abuse offense and not residing with the member while receiving transitional com- pensation for abused dependents. b. Married to and residing with the member at the time of the dependent-abuse offense and while receiving transitional compensation for abused dependents. 3. Yes, if: a. 18 years of age or older and incapable of self-support because of a mental or physical incapacity that existed before the age of 18 and who is (or was when a punitive or other adverse action was carried out on the member) dependent on the member for over one-half of the child’s support; or b. 18 years of age or older, but less than 23 years of age, is enrolled in a full-time course of study in an institution of higher learning approved by the Secretary of Defense and who is (or was when a punitive or other adverse action was carried out on the member) dependent on the member for over one-half of the child’s support.

§ 161.19 Benefits for former spouses. creditable in determining the member’s on qualifying date of divorce from the (a) 20/20/20 former spouses. or retired member’s eligibility for retired uniformed services member. Unremarried former spouses of a or retainer pay, or equivalent pay (1) 20/20/20 former spouses of an uniformed services member or retired pursuant to 10 U.S.C. 1408 and active duty, regular retired, or a non- member, married to the member or 1072(2)(F), and the period of the regular retired sponsor at age 60. 20/20/ retired member for a period of at least marriage and the service overlapped by 20 former spouses of an active duty, 20 years, during which period the at least 20 years are eligible for benefits regular retired, or a non-regular retired member or retired member performed at as shown in Tables 23 and 24 to part sponsor at age 60 are eligible for benefits least 20 years of service that is 161. The benefit eligibility period begins as shown in Table 23 to part 161.

TABLE 23 TO PART 161—BENEFITS FOR 20/20/20 FORMER SPOUSES OF ACTIVE DUTY, REGULAR RETIRED, AND NON- REGULAR RETIRED MEMBERS AT AGE 60

CHC DC C MWR E

Former Spouse: Unremarried ...... 1, 2 ...... 1 ...... Yes ...... Yes ...... Yes. Remarried ...... No ...... No ...... No ...... No ...... No. Unmarried ...... No ...... No ...... Yes ...... Yes ...... Yes. Notes: 1. Yes, if the former spouse certifies in writing that he or she has no medical coverage under an employer-sponsored health plan. 2. Yes, if: a. Not entitled to Medicare Part A hospital insurance through the SSA. b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance with the exception of those individuals who qualify in accordance with section 706 of Public Law 111–84.

(2) 20/20/20 former spouses of a in Table 24 to part 161. When the recalled to active duty, they continue to national guard, reserve member, or Retired Reserve member or former receive benefits as shown in Table 24 to retired reserve member under age 60. (i) member attains or would have attained, part 161 if the orders are for a period of In the case of former spouses of National age 60, the former spouse will be 30 days or less. If the National Guard Guard, Reserve, or Retired Reserve entitled to benefits as shown in Table 23 member, Reserve member, or recalled members or former members who are to part 161. Retired Reserve member is on active entitled to retired pay at age 60, but (ii) In the case of former spouses of duty orders in excess of 30 days, the have not yet reached age 60, the former National Guard members or Reserve former spouse will receive benefits as spouse is only entitled to commissary, members ordered to active duty, or shown in Table 23 to part 161. MWR, and exchange benefits as shown Retired Reserve members under age 60

TABLE 24 TO PART 161—BENEFITS FOR 20/20/20 FORMER SPOUSES FOR RETIRED RESERVE UNDER AGE 60

CHC DC C MWR E

Former Spouse: Unremarried ...... No ...... No ...... Yes ...... Yes ...... Yes. Remarried ...... No ...... No ...... No ...... No ...... No.

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TABLE 24 TO PART 161—BENEFITS FOR 20/20/20 FORMER SPOUSES FOR RETIRED RESERVE UNDER AGE 60— Continued

CHC DC C MWR E

Unmarried ...... No ...... No ...... Yes ...... Yes ...... Yes.

(b) 20/20/15 former spouses. 15 years, but less than 20 years, are not regular retired sponsor at age 60. 20/20/ Unremarried former spouses described eligible for the commissary, MWR, or 15 former spouses of an active duty, in paragraph (a)(1) of this section, with exchange benefits. regular retired, or a non-regular retired the period of overlap of marriage and (1) 20/20/15 former spouses of an sponsor at age 60 are eligible for benefits the member’s creditable service at least active duty, regular retired, or a non- as shown in Table 25 to part 161.

TABLE 25 TO PART 161—BENEFITS FOR 20/20/15 FORMER SPOUSES OF ACTIVE DUTY, REGULAR RETIRED, AND NON- REGULAR RETIRED AT AGE 60

CHC DC C MWR E

Former Spouse: Unremarried ...... 1, 2, 3 ...... 1, 3 ...... No ...... No ...... No. Remarried ...... No ...... No ...... No ...... No ...... No. Unmarried ...... No ...... No ...... No ...... No ...... No. Notes: 1. Yes, if former spouse certifies in writing that he or she has no medical coverage under an employer-sponsored health plan. 2. Yes, if: a. Not entitled to Medicare Part A hospital insurance through the SSA; or b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with section 706 of Public Law 111–84. 3. Yes, if the: a. Final decree of divorce, dissolution, or annulment of the marriage was before April 1, 1985; or b. Marriage ended on, or after, September 29, 1988, entitlements shall exist for 1 year, beginning on the date of the divorce, dissolution, or an- nulment pursuant to 10 U.S.C. 1076 and 1072(2)(H).

(2) 20/20/15 former spouses of a period of eligibility extends beyond the benefits as shown in Table 26 to part retired reserve member under age 60. (i) Retired Reserve or former member’s 161. If the Reserve member or recalled In the case of former spouses of Retired 60th birthday then the former spouse Retired Reserve member is on active Reserve members or former members will receive benefits as shown in Table duty orders in excess of 30 days, the who are entitled to retired pay at age 60, 25 to part 161 for that period. former spouse will receive benefits as but have not yet reached age 60, the (ii) In the case of former spouses of shown in Table 25 to part 161 if they former spouse has no entitlement under Reserve members or Retired Reserve are within 1 year from the date of age 60. The benefit eligible period is 1 members under age 60 recalled to active divorce from the uniformed service year from the date of divorce. If any duty on orders for a period of 30 days member. or less they are not entitled to any

TABLE 26 TO PART 161—BENEFITS FOR 20/20/15 FORMER SPOUSES OF A RETIRED RESERVE MEMBER UNDER AGE 60

CHC DC C MWR E

Former Spouse: Unremarried ...... No ...... No ...... No ...... No ...... No. Remarried ...... No ...... No ...... No ...... No ...... No. Unmarried ...... No ...... No ...... No ...... No ...... No.

(c) 10/20/10 former spouses. creditable in determining the member’s separated from the service due to Unremarried former spouses of a or retired member’s eligibility for retired misconduct involving dependent abuse member or retired member, married to or retainer pay, when the period of pursuant to 10 U.S.C. 1408(h), are the member or retired member for a overlap of marriage and the member’s eligible for benefits as shown in Table period of at least 10 years to a member creditable service was at least 10 years 27 to part 161. or retired member who performed at and the former spouse is in receipt of an least 20 years of service that is annuity as a result of the member being

TABLE 27 TO PART 161—BENEFITS FOR 10/20/10 FORMER SPOUSES

CHC DC C MWR E

Former Spouse: Unremarried ...... 1, 2 ...... 1, 2 ...... Yes ...... Yes ...... Yes Remarried ...... No ...... No ...... No ...... No ...... No.

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TABLE 27 TO PART 161—BENEFITS FOR 10/20/10 FORMER SPOUSES—Continued

CHC DC C MWR E

Unmarried ...... 1, 2 ...... 1, 2 ...... Yes ...... Yes ...... Yes. Notes: 1. Yes, if: a. Not entitled to Medicare Part A hospital insurance through the SSA. b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with section 706 of Public Law 111–84. 2. The spouse must have been married to the uniformed service member for at least 10 years, the uniformed service member must have com- pleted 20 creditable years for retired pay, and they must have been married at least 10 years during the 20 years of creditable service (see § 161.18, paragraph (a)(1)). The uniformed services shall prescribe specific procedures to verify the eligibility of an applicant.

§ 161.20 Benefits for civilian personnel. Cross employee) is specific to each Public Law 91–648, ‘‘Intergovernmental (a) Civilian personnel may be eligible benefit set described. Personnel Act’’ (IPA)), may be issued a for certain benefits described in this (1) Civilian personnel in the United DoD ID card as a condition of section based on their affiliation with States, to include civilian employees of employment or assignment in DoD, Service-specific guidelines, or the DoD and other Government accordance with subpart B of this part. other authorizing conditions. The agencies, as well as DoD contractors and Civilian personnel in the United States definition of ‘‘civilian personnel’’ (e.g., personnel covered by PL 91–648 (also are eligible for benefits as shown in civilian employee, DoD contractor, Red known and hereinafter referred to as Table 28 to part 161.

TABLE 28 TO PART 161—BENEFITS FOR CIVILIAN EMPLOYEES IN THE UNITED STATES

CHC DC C MWR E

Self ...... No ...... No ...... No ...... 1 ...... No. Dependents ...... No ...... No ...... No ...... No ...... No. Note: 1. In accordance with DoD Instruction 1015.10, retired DoD civilian employees are eligible, on a space available basis, to the limited use of MWR facilities based on the discretion of the installation commander.

(2) Civilian personnel required to dependents, when residing in the same purposes of this benefit set, ‘‘civilian reside on a military installation within household, are eligible for benefits as personnel’’ includes civilian DoD the CONUS, Hawaii, or Alaska and their shown in Table 29 to part 161. For the employees and IPA personnel.

TABLE 29 TO PART 161—BENEFITS FOR CIVILIAN PERSONNEL AND DEPENDENTS WHEN REQUIRED TO RESIDE ON A MILITARY INSTALLATION IN CONUS, HAWAII, OR ALASKA

CHC DC C MWR E

Self ...... No ...... No ...... 1 ...... Yes ...... 2. Lawful Spouse ...... No ...... No ...... 1 ...... Yes ...... 2. Children, Unmarried, Under 21 Years: Legitimate, adopted, stepchild, illegitimate child of em- No ...... No ...... 1, 3 ...... 3 ...... 2, 3. ployee, or illegitimate child of spouse. Ward ...... No ...... No ...... 1, 3, 4 ...... 3, 4 ...... 2, 3, 4. Pre-adoptive ...... No ...... No ...... 1, 3, 5 ...... 3, 5 ...... 2, 3, 5. Foster Child ...... No ...... No ...... 1, 3 ...... 3 ...... 2, 3. Children, Unmarried, 21 Years and Over ...... No ...... No ...... 1, 6 ...... 6 ...... 2, 6. Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or No ...... No ...... 1, 3 ...... 3 ...... 2, 3. Parent-by-Adoption. Notes: 1. Yes, but commissary privileges do not include the purchase of tobacco products in those States, including the District of Columbia, that im- pose a tax on such products. 2. Yes, are entitled to limited exchange privileges, which include purchase of all items except uniform articles and State tax-free items. 3. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support. 4. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months. 5. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member by a placement agency (recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of the legal adoption by the member. 6. Yes, if the child: a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary, and is dependent on the member for over 50 percent of the child’s support; or b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-time student, while a dependent of a member and is, dependent on the member or former member for over 50 percent of the child’s support.

(3) DoD civilian personnel stationed United States (OCONUS) and their residing in the same household, are or employed outside the continental accompanying dependents, when eligible for benefits as shown in Table

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30. For the purposes of this benefit set, IPA personnel. Overseas commanders deny privileges indicated when base ‘‘civilian personnel’’ includes civilian may never authorize benefits not support facilities cannot handle the DoD employees, DoD contractors, and authorized by this section, but they may burden imposed.

TABLE 30 TO PART 161—BENEFITS FOR DOD CIVILIAN PERSONNEL STATIONED OCONUS AND ACCOMPANYING DEPENDENTS

CHC DC C MWR E

Self ...... No ...... 1 ...... Yes ...... Yes ...... Yes. Lawful Spouse ...... No ...... 1 ...... Yes ...... Yes ...... Yes. Children, Unmarried, Under 21 Years: Legitimate, adopted, stepchild, Illegitimate child of em- No ...... 1, 2 ...... 2 ...... 2 ...... 2. ployee, or Illegitimate child of spouse. Ward ...... No ...... 1, 2, 3 ...... 2, 3 ...... 2, 3 ...... 2, 3. Pre-adoptive ...... No ...... 1, 2, 4 ...... 2, 4 ...... 2, 4 ...... 2, 4. Foster Child ...... No ...... No ...... 2 ...... 2 ...... 2 Children, Unmarried, 21 Years and Over ...... No ...... 1, 5 ...... 5 ...... 5 ...... 5. Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or No ...... No ...... 1, 2 ...... 2 ...... 2. Parent-by-Adoption. Notes: 1. Yes, on a space-available, fully reimbursable basis. Medical care at uniformed services facilities shall be rendered in accordance with Serv- ice instructions. Additional guidelines are contained in DoD Instruction 1100.22 and Volume 1231 of DoD Instruction 1400.25. 2. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support. 3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months. 4. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member by a placement agency (recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of the legal adoption by the member. 5. Yes, if the child: a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary, and is dependent on the member for over 50 percent of the child’s support; or b.Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-time student, while a dependent of a member and is, dependent on the member for over 50 percent of the child’s support.

(4) Civilian personnel of non-DoD Government agencies (e.g., Federal Overseas commanders may never Government agencies stationed or employees of the Department of State). authorize benefits beyond those employed OCONUS, and their Commissary, MWR, and exchange authorized by this section, but they may dependents, when residing in the same privileges are authorized by overseas deny privileges indicated when base household, are eligible for benefits as commanders to the persons designated support facilities cannot handle the shown in Table 31. For the purposes of in Table 31 when it is within the burden imposed. this benefit set, ‘‘civilian personnel’’ capability of the facilities and it shall includes civilian employees of non-DoD not impair the military mission.

TABLE 31 TO PART 161—BENEFITS FOR NON-DOD GOVERNMENT AGENCIES CIVILIAN PERSONNEL STATIONED OR EMPLOYED OCONUS AND ACCOMPANYING DEPENDENTS

CHC DC C MWR E

Self ...... No ...... 1 ...... Yes ...... Yes ...... Yes. Lawful Spouse ...... No ...... 1 ...... Yes ...... Yes ...... Yes. Children, Unmarried, Under 21 Years: Legitimate, adopted, stepchild, Illegitimate child of em- ployee, or Illegitimate child of spouse. Ward ...... No ...... 1, 2, 3 ...... 2, 3 ...... 2, 3 ...... 2, 3. Pre-adoptive ...... No ...... 1, 2, 4 ...... 2, 3 ...... 2, 4 ...... 2, 4. Foster Child ...... No ...... No ...... 2 ...... 2 ...... 2. Children, Unmarried, 21 Years and Over ...... No ...... 1, 5 ...... 5 ...... 5 ...... 5. Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or No ...... 1, 2 ...... 2 ...... 2 ...... 2. Parent-by-Adoption. Notes: 1. Yes, on a space-available, fully reimbursable basis. Medical care at uniformed services facilities shall be rendered in accordance with Serv- ice instructions. Additional guidelines are contained in DoD Instruction 1100.22 and Volume 1231 of DoD Instruction 1400.25. 2. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support. 3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months. 4. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member by a placement agency (recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of the legal adoption by the member. 5. Yes, if the child: a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary, and is dependent on the member for over 50 percent of the child’s support; or b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-time student, while a dependent of a member and is, dependent on the member or former member for over 50 percent of the child’s support.

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(5) Civilian personnel stationed or as shown in Table 32. For the purposes as civilian employees of other employed in Puerto Rico or Guam and of this benefit set, ‘‘civilian personnel’’ Government agencies, DoD contractors, their dependents, when residing in the includes civilian DoD employees under and IPA personnel. same household, are eligible for benefits a valid transportation agreement, as well

TABLE 32 TO PART 161—BENEFITS FOR CIVILIAN PERSONNEL STATIONED OR EMPLOYED IN PUERTO RICO OR GUAM AND ACCOMPANYING DEPENDENTS

CHC DC C MWR E

Self ...... No ...... 1 ...... 2 ...... Yes ...... 3. Lawful Spouse ...... No ...... 1 ...... 2 ...... Yes ...... 3. Children, Unmarried, Under 21 Years: Legitimate, adopted, stepchild, Illegitimate child of em- No ...... 1, 4 ...... 2, 4 ...... 4 ...... 3, 4. ployee or illegitimate child of spouse. Ward ...... No ...... 1, 4, 5 ...... 2, 4, 5 ...... 4, 5 ...... 3, 4, 5. Pre-adoptive ...... No ...... 1, 4, 6 ...... 2, 4, 6 ...... 4, 6 ...... 3, 4, 6. Foster Child ...... No ...... No ...... 2, 4 ...... 2, 4 ...... 2, 3, 4. Children, Unmarried, 21 Years and Over ...... No ...... 1, 7 ...... 2, 7 ...... 7 ...... 3, 7. Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or No ...... 1, 4 ...... 2, 4 ...... 4 ...... 3, 4. Parent-by-Adoption. Notes: 1. Yes, on a space-available, fully reimbursable basis only if residing in a household on a military installation. Additional guidelines are con- tained in DoD Instruction 1100.22 and Volume 1231 of DoD Instruction 1400.25. 2. In cases where deviations are granted by the Secretary of a Military Department or the Commander of a Combatant Command permitting access to commissary and exchange to non-DoD Federal employees and employees of firms under contract to the U.S. Government, the instal- lation commander shall establish procedures to verify status, maintain databases, and issue appropriate identification. 3. Yes, are entitled to limited exchange privileges, which include purchase of all items except articles of uniform and State tax-free items. 4. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support. 5. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months. 6. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member by a placement agency (recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of the legal adoption by the member. 7. Yes, if the child: a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary, and is dependent on the member for over 50 percent of the child’s support; or b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-time student, while a dependent of a member, and is dependent on the member for over 50 percent of the child’s support.

(6) DoD OCONUS hires are foreign country as defined in Volume 1231 of benefits as shown in Table 33 to part nationals in host countries who are DoD Instruction 1400.25. They are 161. employed by U.S. forces, consistent entered into DEERS for the purposes of with any agreement with the host issuing a CAC and are not eligible for

TABLE 33 TO PART 161—BENEFITS FOR DOD OCONUS HIRES

CHC DC C MWR E

Self ...... No ...... No ...... No ...... No ...... No.

(7) Uniformed and non-uniformed Hawaii, Alaska, and Puerto Rico and eligible for benefits as shown in Table full-time paid personnel of the Red their accompanying dependents, when 34 to part 161. Cross assigned to duty with the required to reside in the same uniformed services within the CONUS, household on a military installation are

TABLE 34 TO PART 161—BENEFITS FOR FULL-TIME PAID PERSONNEL OF THE RED CROSS ASSIGNED TO DUTY WITH THE UNIFORMED SERVICES IN CONUS, HAWAII, OR ALASKA AND REQUIRED TO RESIDE ON A MILITARY INSTALLATION AND ACCOMPANYING DEPENDENTS

CHC DC C MWR E

Self ...... No ...... No ...... Yes ...... Yes ...... 1. Lawful Spouse ...... No ...... No ...... Yes ...... Yes ...... 1. Children, Unmarried, Under 21 Years: Legitimate, adopted, stepchild, Illegitimate child of em- No ...... No ...... 2 ...... 2 ...... 1, 2. ployee, or illegitimate child of spouse. Ward ...... No ...... No ...... 2, 3 ...... 2, 3 ...... 1, 2, 3. Children, Unmarried, 21 Years and Over ...... No ...... No ...... 4 ...... 4 ...... 1, 4.

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TABLE 34 TO PART 161—BENEFITS FOR FULL-TIME PAID PERSONNEL OF THE RED CROSS ASSIGNED TO DUTY WITH THE UNIFORMED SERVICES IN CONUS, HAWAII, OR ALASKA AND REQUIRED TO RESIDE ON A MILITARY INSTALLATION AND ACCOMPANYING DEPENDENTS—Continued

CHC DC C MWR E

Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or No ...... No ...... 2 ...... 2 ...... 1, 2. Parent-by-Adoption. Notes: 1. If authorized by installation commander, entitled to exchange privileges. 2. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support. 3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months. 5. Yes, if the child: a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary, and is dependent on the member for over 50 percent of the child’s support; or b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-time student, while a dependent of a member, and is dependent on the member for over 50 percent of the child’s support.

(8) Uniformed and non-uniformed uniformed services OCONUS and their eligible for benefits as shown in Table full-time paid personnel of the Red accompanying dependents, when 35 to part 161. Cross assigned to duty with the residing in the same household, are

TABLE 35 TO PART 161—BENEFITS FOR FULL-TIME PAID PERSONNEL OF THE RED CROSS ASSIGNED TO DUTY WITH THE UNIFORMED SERVICES OCONUS AND ACCOMPANYING DEPENDENTS

CHC DC C MWR E

Self ...... No ...... 1 ...... Yes ...... Yes ...... Yes. Lawful Spouse ...... No ...... 1 ...... Yes ...... Yes ...... Yes. Children, Unmarried, Under 21 Years: Legitimate, adopted, stepchild, Illegitimate child of employee or illegitimate child of No ...... 1, 2 ...... 2 ...... 2 ...... 2. spouse. Ward ...... No ...... No ...... 2, 3 ...... 2, 3 ...... 2, 3. Children, Unmarried, 21 Years and Over ...... No ...... 1, 4 ...... 4 ...... 4 ...... 4. Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or Parent-by-Adoption ...... No ...... 1, 2 ...... 2 ...... 2 ...... 2. Notes: 1. Yes, on a space-available basis at rates specified in uniformed services instructions. Additional guidelines are contained in DoD Instruction 1100.22 and Volume 1231 of DoD Instruction 1400.25. 2. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support. 3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months. 4. Yes, if the child: a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary, and is dependent on the member for over 50 percent of the child’s support; or b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-time student, while a dependent of a member, and is dependent on the member for over 50 percent of the child’s support.

(9) Area executives, center directors, OCONUS and their accompanying household are eligible for benefits as and assistant directors of the United dependents when residing in the same shown in Table 36 to part 161. Service Organizations (USO) serving

TABLE 36 TO PART 161—BENEFITS FOR AREA EXECUTIVES, CENTER DIRECTORS, AND ASSISTANT DIRECTORS OF THE USO AND ACCOMPANYING DEPENDENTS SERVING OCONUS

CHC DC C MWR E

Self ...... No ...... 1 ...... Yes ...... Yes ...... Yes. Lawful Spouse ...... No ...... 1 ...... Yes ...... Yes ...... Yes. Children, Unmarried, Under 21 Years: Legitimate, adopted, stepchild, illegitimate child of em- No ...... 1, 2 ...... 2 ...... 2 ...... 2. ployee, or illegitimate child of spouse. Ward ...... No ...... No ...... 2, 3 ...... 2, 3 ...... 2, 3. Children, Unmarried, 21 Years and Over ...... No ...... 1, 4 ...... 4 ...... 4 ...... 4. Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or No ...... 1, 2 ...... 2 ...... 2 ...... 2. Parent-by-Adoption. Notes: 1. Yes, on a space-available, fully reimbursable basis. Additional guidelines are contained in DoD Instruction 1100.22 and Volume 1231 of DoD Instruction 1400.25. 2. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support. 3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months. 4. Yes, if the child:

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a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary, and is dependent on the member for over 50 percent of the child’s support; or b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-time student, while a dependent of a member, and is dependent on the member for over 50 percent of the child’s support.

(10) USS personnel serving OCONUS are eligible for benefits as shown in and their accompanying dependents, Table 37 to part 161. when residing in the same household,

TABLE 37 TO PART 161—BENEFITS FOR USS PERSONNEL SERVING OCONUS AND ACCOMPANYING DEPENDENTS

CHC DC C MWR E

Self ...... No ...... 1 ...... Yes ...... Yes ...... Yes. Lawful Spouse ...... No ...... 1 ...... Yes ...... Yes ...... Yes. Children, Unmarried, Under 21 Years: Legitimate, adopted, stepchild, illegitimate child of em- No ...... 1, 2 ...... 2 ...... 2 ...... 2. ployee, or illegitimate child of spouse. Ward ...... No ...... No ...... 2, 3 ...... 2, 3 ...... 2, 3. Children, Unmarried, 21 Years and Over ...... No ...... 1, 4 ...... 4 ...... 4 ...... 4. Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or No ...... 1, 2 ...... 2 ...... 2 ...... 2. Parent-by-Adoption. Notes: 1. Yes, on a space-available, fully reimbursable basis. Additional guidelines are contained in DoD Instruction 1100.22 and Volume 1231 of DoD Instruction 1400.25. 2. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support. 3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months. 4. Yes, if the child: a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary, and is dependent on the member for over 50 percent of the child’s support; or b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-time student, while a dependent of a member, and is dependent on the member for over 50 percent of the child’s support.

(11) MSC civil service Marine for benefits as shown in Table 38 to part personnel deployed OCONUS on MSC- 161. owned and operated vessels are eligible

TABLE 38 TO PART 161—BENEFITS FOR MSC PERSONNEL DEPLOYED OCONUS ON MSC-OWNED AND OPERATED VESSELS

CHC DC C MWR E

Self ...... No ...... 1 ...... Yes ...... Yes ...... 2. Notes: 1. Yes, on a space-available, fully reimbursable basis. 2. Entitled to limited exchange privileges, which includes purchase of all items except distinctive uniform items and State tax-free items.

(12) Ship’s officers and members of U.S.C. 3074 as shown in Table 39. officers, but civilian employees of the crews of NOAA vessels are eligible Ship’s officers are not commissioned NOAA. for benefits in accordance with 33

TABLE 39 TO PART 161—BENEFITS FOR SHIP’S OFFICERS AND MEMBERS OF THE CREWS OF NOAA VESSELS [NOAA Wage Mariner Employees]

CHC DC C MWR E

Self ...... No ...... No ...... Yes ...... Yes ...... Yes. Lawful Spouse ...... No ...... No ...... Yes ...... Yes ...... Yes. Children, Unmarried, Under 21 Years: Legitimate, adopted, stepchild, Illegitimate child of em- No ...... No ...... 1 ...... 1 ...... 1. ployee, or Illegitimate child of spouse. Ward ...... No ...... No ...... 1, 2 ...... 1, 2 ...... 1, 2. Pre-adoptive ...... No ...... No ...... 1, 3 ...... 1, 3 ...... 1, 3. Foster Child ...... No ...... No ...... 1 ...... 1 ...... 1. Children, Unmarried, 21 Years and Over ...... No ...... No ...... 4 ...... 4 ...... 4. Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or No ...... No ...... 1 ...... 1 ...... 1. Parent-by-Adoption. Notes: 1. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support or children of a sponsor residing in the household of a former spouse (20–20–20 or 10–20–10).

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2. Yes if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months. 3. Yes if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member by a placement agency (rec- ognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of the legal adoption by the member. 4. Yes, if the child: a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary, and is dependent on the member for over 50 percent of the child’s support; or b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-time student, while a dependent of a member, and is dependent on the member for over 50 percent of the child’s support.

(13) Officers and crews of vessels, eligible for benefits as shown in Table lighthouse keepers, and depot keepers 40 to part 161. of the former Lighthouse Service are

TABLE 40 TO PART 161—BENEFITS FOR OFFICERS AND CREWS OF VESSELS, LIGHTHOUSE KEEPERS AND DEPOT KEEPERS OF THE FORMER LIGHTHOUSE SERVICE

CHC DC C MWR E

Self ...... No ...... No ...... Yes ...... Yes ...... Yes.

(14) Presidential appointees who have non-career and career SES employees, Military Services are eligible for benefits been confirmed by the Senate (PASs), and SES equivalents of the DoD and the as shown in Table 41 to part 161.

TABLE 41 TO PART 161—BENEFITS FOR PRESIDENTIAL APPOINTEES

CHC DC C MWR E

Self ...... No ...... 1 ...... No ...... No ...... No. Note: 1. Designation for PASs and other designated civilian officials within the DoD and the Military Departments. This is a specific reimbursable care value at the interagency rate outside the National Capital Region.

(15) Contract surgeons overseas eligible for benefits as shown in Table during the period of their contract are 42 to part 161.

TABLE 42 TO PART 161—BENEFITS FOR CONTRACT SURGEONS OVERSEAS

CHC DC C MWR E

Self ...... No ...... No ...... No ...... Yes ...... Yes.

(16) State employees of the National DoD networks. There are no benefits extended as shown in Table 43 to part Guard may be identified in DEERS for assigned and no dependent benefits are 161. the purpose of issuing a CAC to access

TABLE 43 TO PART 161—BENEFITS FOR STATE GUARD EMPLOYEES

CHC DC C MWR E

Self ...... No ...... No ...... No ...... No ...... No.

§ 161.21 Benefits for retired civilian employees of the DoD are eligible for personnel. benefits as shown in Table 44 to part (a) Retired DoD civilian employees. 161. Retired appropriated and NAF

TABLE 44 TO PART 161—BENEFITS FOR RETIRED DOD CIVILIAN EMPLOYEES

CHC DC C MWR E

Self ...... No ...... No ...... No ...... 1 ...... No. Note: 1. In accordance with DoD Instruction 1015.10, retired DoD civilian employees are eligible, on a space available basis, to the limited use of MWR facilities based on the discretion of the installation commander. The August 26, 2008, USD(P&R) Memorandum, ‘‘Department of Defense Civilian Retiree Identification Cards’’ authorized the issuance of a DoD ID card to this population.

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(b) Retired NOAA Wage Mariner Mariners (retired ship’s officers and with 33 U.S.C. 3074 as shown in Table employees and their eligible members of the crews of NOAA vessels) 45 to part 161. dependents. Retired NOAA Wage are eligible for benefits in accordance

TABLE 45 TO PART 161—BENEFITS FOR RETIRED NOAA WAGE MARINER EMPLOYEES AND THEIR ELIGIBLE DEPENDENTS

CHC DC C MWR E

Self ...... No ...... No ...... Yes ...... No ...... Yes. Lawful Spouse ...... No ...... No ...... Yes ...... No ...... Yes. Children, Unmarried, Under 21 Years: Legitimate, adopted, stepchild, illegitimate child of record No ...... No ...... 1 ...... No ...... 1. of female member, or illegitimate child of male member, whose paternity has been judicially determined. Ward ...... No ...... No ...... 1, 2 ...... No ...... 1, 2. Pre-adoptive Child ...... No ...... No ...... 1, 3 ...... No ...... 1, 3. Foster Child ...... No ...... No ...... 1 ...... No ...... 1. Children, Unmarried, 21 Years and Over ...... No ...... No ...... 1, 4 ...... No ...... 1, 4. Notes: 1. Yes, if a member of a household maintained by or for an authorized sponsor and dependent on that sponsor for over 50 percent of his or her support. Children residing in the household of a separated spouse continue to be eligible for commissary privileges until there is a final di- vorce decree. In the case of a divorce, children residing in the household of a former spouse ARE NOT considered to be members of the author- ized sponsor’s household for commissary privileges. 2. Yes, if, for determinations of dependency made on or after July 1, 1994, placed in the legal custody of the member or former member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months. 3. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member or former member by a placement agency (recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption place- ment, in anticipation of the legal adoption by the member or former member. 4. Yes, if the child: a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary, and is dependent on the former member for over 50 percent of the child’s support; or b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-time student, while a dependent of a member or former member, and is dependent on the member or former member for over 50 percent of the child’s support.

§ 161.22 Benefits for foreign affiliates. NATO and PFP countries serving in the dependents living in the sponsor’s U.S. (a) Sponsored NATO and PFP United States under the sponsorship or household are eligible for benefits as personnel in the United States. Active invitation of the DoD or a Military shown in Table 46 to part 161. duty officer and enlisted personnel of Service and their accompanying

TABLE 46 TO PART 161—BENEFITS FOR SPONSORED NATO AND PFP PERSONNEL AND ACCOMPANYING DEPENDENTS IN THE UNITED STATES

CHC DC C MWR E

Self ...... No ...... 1 ...... Yes ...... Yes ...... Yes. Lawful Spouse ...... 2 ...... 1 ...... Yes ...... Yes ...... Yes. Children, Unmarried, Under 21 Years:. Legitimate, adopted, stepchild Illegitimate child of member, 2, 3 ...... 1, 3 ...... 3 ...... 3 ...... 3. or Illegitimate child of spouse. Ward ...... No ...... No ...... 3, 4 ...... 3, 4 ...... 3, 4. Children, Unmarried, 21 Years and Over ...... 2, 3, 5 ...... 1, 3, 5 ...... 1, 5 ...... 1, 5 ...... 1, 5. Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or No ...... No ...... 3 ...... 3 ...... 3. Parent by Adoption. Notes: 1. Yes, for outpatient care no charge and for inpatient care at full reimbursable rate. 2. Yes, for outpatient care only. 3. Yes, if residing in the household of the foreign service member in the United States. 4. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months. 5. Yes, if the child: a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary, and is dependent on the member for over 50 percent of the child’s support; or b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-time student, while a dependent of a member, and is dependent on the member for over 50 percent of the child’s support.

(b) Sponsored non-NATO personnel countries serving in the United States in the non-NATO personnel’s U.S. in the United States. Active duty officer under DoD or Service sponsorship or household, are eligible for benefits as and enlisted personnel of non-NATO invitation and their dependents, living shown in Table 47 to part 161.

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TABLE 47 TO PART 161—BENEFITS FOR SPONSORED NON-NATO PERSONNEL AND ACCOMPANYING DEPENDENTS IN THE UNITED STATES

CHC DC C MWR E

Self ...... No ...... 1 ...... Yes ...... Yes ...... Yes. Lawful Spouse ...... No ...... 1 ...... Yes ...... Yes ...... Yes. Children, Unmarried, Under 21 Years: Legitimate, adopted, stepchild, illegitimate child of mem- No ...... 1, 3 ...... 2 ...... 2 ...... 2. ber, or illegitimate child of spouse. Ward ...... No ...... No ...... 2, 3 ...... 2, 3 ...... 2, 3. Children, Unmarried, 21 Years and Over ...... No ...... 1, 2, 4 ...... 2, 4 ...... 2, 4 ...... 2, 4. Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or No ...... No ...... 2 ...... 2 ...... 2. Parent by Adoption. Notes: 1. Yes, for outpatient care only on a reimbursable basis. 2. Yes, if residing in the household of the foreign service member in the United States. 3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months. 4. Yes, if the child: a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary, and is dependent on the member for over 50 percent of the child’s support; or b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-time student, while a dependent of a member, and is dependent on the member for over 50 percent of the child’s support.

(c) Non-sponsored NATO personnel official NATO duties, are stationed in non-sponsored NATO personnel’s U.S. in the United States. Active duty officer the United States but are not under DoD household are eligible for benefits as and enlisted personnel of NATO or Service sponsorship and their shown in Table 48 to part 161. countries who, in connection with their accompanying dependents living in the

TABLE 48 TO PART 161—BENEFITS FOR NON-SPONSORED NATO AND PFP PERSONNEL IN THE UNITED STATES AND ACCOMPANYING DEPENDENTS

CHC DC C MWR E

Self ...... No ...... 1 ...... No ...... Yes ...... Yes. Lawful Spouse ...... 2 ...... 1 ...... No ...... No ...... No. Children, Unmarried, Under 21 Years: Legitimate, adopted, stepchild, illegitimate child of mem- 2, 3 ...... 1, 3 ...... No ...... No ...... No. ber, or illegitimate child of spouse. Ward ...... No ...... No ...... No ...... No ...... No. Children, Unmarried, 21 Years and Over ...... 2, 3, 4 ...... 1, 3, 4 ...... No ...... No ...... No. Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or No ...... No ...... No ...... No ...... No. Parent by Adoption. Notes: 1. Yes, for outpatient care no charge and for inpatient care at full reimbursable rate. 2. Yes, for outpatient care only. 3. Yes, if residing in the household of the foreign service member in the United States. 4. Yes, if the child: a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary, and is dependent on the member for over 50 percent of the child’s support; or b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-time student, while a dependent of a member, and is dependent on the member for over 50 percent of the child’s support.

(d) NATO and non-NATO personnel with the sponsor are eligible for benefits privileges is in the best interests of the OCONUS. Active duty officer and as shown in Table 49 to part 161. These United States and such personnel are enlisted personnel of NATO and non- benefits may be extended to this connected with, or their activities are NATO countries serving OCONUS and category of personnel not under DoD or related to, the performance of functions outside their own country under DoD or Service sponsorship or invitation when of the Service establishment. Service sponsorship or invitation and it is determined by the major overseas their accompanying dependents living commander that the granting of such

TABLE 49 TO PART 161—BENEFITS FOR NATO, PFP, AND NON-NATO PERSONNEL OCONUS AND ACCOMPANYING DEPENDENTS

CHC DC C MWR E

Self ...... No ...... 1 ...... Yes ...... Yes ...... Yes. Lawful Spouse ...... No ...... 1 ...... Yes ...... Yes ...... Yes. Children, Unmarried, Under 21 Years:. Legitimate, adopted, stepchild, illegitimate child of mem- No ...... 1, 2 ...... 2 ...... 2 ...... 2. ber, or illegitimate child of spouse.

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TABLE 49 TO PART 161—BENEFITS FOR NATO, PFP, AND NON-NATO PERSONNEL OCONUS AND ACCOMPANYING DEPENDENTS—Continued

CHC DC C MWR E

Ward ...... No ...... No ...... 2, 3 ...... 2, 3 ...... 2, 3. Children, Unmarried, 21 Years and Over ...... No ...... 1, 2, 3 ...... 2, 4 ...... 2, 4 ...... 2, 4. Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or No ...... No ...... 2 ...... 2 ...... 2. Parent by Adoption. Notes: 1. Yes, for outpatient care only on a reimbursable basis. 2. Yes, if residing in the household of the foreign service member and dependent on over 50 percent support. 3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months. 4. Yes, if the child: a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary, and is dependent on the member for over 50 percent of the child’s support; or b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-time student, while a dependent of a member, and is dependent on the member for over 50 percent of the child’s support

(e) Korean Augmentation to the U.S. become KATUSA serving with the U.S. identified in DEERS for the purpose of Army (KATUSA). Military service is Army forces in the ROK. This issuing CACs for access to the U.S. mandatory for all Republic of Korea arrangement is provided for in the status installations in the ROK. No other (ROK) male citizens. Those male of forces agreement between the United benefits are provided as shown in Table citizens who speak English often States and ROK. The KATUSAs are 50 to part 161.

TABLE 50 TO PART 161—BENEFITS FOR KATUSA

CHC DC C MWR E

Self ...... No ...... No ...... No ...... No ...... No.

(f) Foreign national civilians. Civilian advanced schools may be identified in foreign national civilian is from a employees of a foreign government who DEERS for the purpose of issuing a CAC. NATO, PFP, or non-NATO country. are assigned a support role with the DoD The foreign national civilian must be There are no benefits assigned and no or Military Services or attending school sponsored by the DoD or a Military dependent benefits are extended as at one of the DoD or uniformed services Service regardless of whether the shown in Table 51 to part 161.

TABLE 51 TO PART 161—BENEFITS FOR FOREIGN NATIONAL CIVILIANS

CHC DC C MWR E

Self ...... No ...... No ...... No ...... No ...... No.

(g) Foreign National Contractors. uniformed services advanced schools Service regardless of whether the Contractor personnel, contracted to a may be identified in DEERS for the foreign national civilian is from a foreign government, who are assigned a purpose of issuing a CAC for physical NATO, PFP, or a non-NATO country. support role with the DoD or Military and logical access requirements. The There are no benefits assigned and no Services or as a representative of a foreign national contractor must be dependent benefits are extended as foreign government at one of the DoD or sponsored by the DoD or a Military shown in Table 52 to part 161.

TABLE 52 TO PART 161—BENEFITS FOR FOREIGN NATIONAL CONTRACTORS

CHC DC C MWR E

Self ...... No ...... No ...... No ...... No ...... No.

(h) Personnel Covered by a Reciprocal the United States may be provided made available to a comparable number Health Care Agreement (RHCA) in the inpatient medical care at MTFs on a of U.S. military personnel and their United States. For countries that have space-available basis without cost dependents in the foreign country. bilateral RHCAs with the DoD, RHCAs (except for a subsistence charge, if it Benefits are provided as shown in Table provide that a limited number of foreign applies). Provision of such care is 53 to part 161. force members and their dependents in contingent on comparable care being

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TABLE 53 TO PART 161—BENEFITS FOR FOREIGN FORCE MEMBERS AND ELIGIBLE DEPENDENTS RESIDING IN THE UNITED STATES WHO ARE COVERED BY AN RHCA

CHC DC C MWR E

Self ...... No ...... 1 ...... 5 ...... 6 ...... 7. Lawful Spouse ...... No ...... 1 ...... 5 ...... 6 ...... 7. Children, Unmarried, Under 21 Years: Legitimate, adopted, stepchild, illegitimate child of mem- No ...... 1, 2 ...... 2 ...... 2 ...... 2. ber, or illegitimate child of spouse. Ward ...... No ...... No ...... 2, 3 ...... 2, 3 ...... 2, 3. Children, Unmarried, 21 Years and Over ...... No ...... 1, 2, 4 ...... 2, 4 ...... 2, 4 ...... 2, 4. Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or No ...... No ...... 2 ...... 2 ...... 2. Parent by Adoption. Notes: 1. As determined by the appropriate RHCA. 2. Yes, if residing in the household of the foreign force member in the United States. 3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months. 4. Yes, if the child: a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary, and is dependent on the member for over 50 percent of the child’s support; or b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-time student, while a dependent of a member, and is dependent on the member for over 50 percent of the child’s support. 5. Yes, if authorized by DoD Instruction 1330.17. 6. Yes, if authorized by DoD Instruction 1015.10. 7. Yes, if authorized by DoD Instruction 1330.21.

Dated: December 19, 2013. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2013–30620 Filed 1–3–14; 8:45 am] BILLING CODE 5001–06–P

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Reader Aids Federal Register Vol. 79, No. 3 Monday, January 6, 2014

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162...... 298 27...... 588 49 CFR 50 CFR 90...... 588 Proposed Rules: 679...... 601, 603 47 CFR 571...... 631 Proposed Rules: 1...... 588 622...... 81 2...... 588 679...... 381

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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 December 27, 2013 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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