Vol. 80 Thursday, No. 112 June 11, 2015
Pages 33155–33396
OFFICE OF THE FEDERAL REGISTER
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Contents Federal Register Vol. 80, No. 112
Thursday, June 11, 2015
Agency for Healthcare Research and Quality Environmental Protection Agency NOTICES RULES Agency Information Collection Activities; Proposals, Air Quality State Implementation Plans; Approvals and Submissions, and Approvals, 33267–33269 Promulgations: California; Butte County Air Quality Management Agriculture Department District, Feather River Air Quality Management See Food Safety and Inspection Service District, and San Luis Obispo County Air Pollution Control District, 33195–33198 Iowa; Grain Vacuuming Best Management Practices and Children and Families Administration Rescission Rules, 33192–33195 NOTICES New Mexico; Infrastructure Requirements for the 2008 Meetings: Lead National Ambient Air Quality Standard and Office of Community Services; Tribal Consultation, 33270 Repeal of Cement Kilns Rule, 33191–33192 Statement of Organization, Functions, and Delegations of PROPOSED RULES Authority, 33269–33270 Air Quality State Implementation Plans; Approvals and Promulgations: Civil Rights Commission California; Butte County Air Quality Management NOTICES District, Feather River Air Quality Management Meetings: District, and San Luis Obispo County Air Pollution West Virginia Advisory Committee, 33240–33241 Control District, 33223 Iowa; Grain Vacuuming Best Management Practices and Commerce Department Rescission Rules, 33222 See International Trade Administration See National Oceanic and Atmospheric Administration Federal Aviation Administration See Patent and Trademark Office PROPOSED RULES Airworthiness Directives: Committee for the Implementation of Textile Agreements SOCATA Airplanes, 33208–33211 NOTICES Antidumping or Countervailing Duty Investigations, Orders, Federal Deposit Insurance Corporation or Reviews: NOTICES Hand Trucks and Certain Parts Thereof from the People’s Terminations of Receiverships: Republic of China, 33246–33248 First East Side Savings Bank, Tamarac, FL, 33265
Consumer Product Safety Commission Federal Election Commission NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings; Sunshine Act, 33265–33266 Submissions, and Approvals: Safety Standard for Portable Bed Rails, 33248–33249 Federal Energy Regulatory Commission NOTICES Education Department Applications: RULES Texas Eastern Transmission, LP, 33264–33265 Impact Aid Program, 33157–33170 Preliminary Permit Applications: Twain Resources, LLC, 33265 Employment and Training Administration NOTICES Federal Highway Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Final Federal Agency Action on Proposed Highway in Labor Exchange Reporting System, 33292–33293 California, 33323–33324
Energy Department Federal Motor Carrier Safety Administration See Federal Energy Regulatory Commission NOTICES NOTICES Application for Exemptions: Guidance for Industry and Staff: C.R. England, Inc.; Commercial Driver’s License International Energy Conservation Code; Energy Standards, 33329–33331 Efficiency Improvements, 33250–33263 Exemption Applications: Meetings: International Window Film Association; Parts and Basic Energy Sciences Advisory Committee, 33249 Accessories Necessary for Safe Operation, 33326– Environmental Management Site-Specific Advisory 33328 Board; Northern New Mexico, 33249–33250 Qualification of Drivers; Exemption Applications; Nuclear Science Advisory Committee, 33263–33264 Vision, 33324–33326
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Federal Reserve System Housing and Urban Development Department NOTICES RULES Changes in Bank Control: Meetings: Acquisitions of Shares of a Bank or Bank Holding Native American Housing Assistance and Self- Company, 33266 Determination Act; Negotiated Rulemaking Committee; Correction, 33157 Fish and Wildlife Service NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, 2015–2016 Refuge-Specific Hunting and Sport Fishing Submissions, and Approvals: Regulations, 33342–33396 Single Family Mortgage Insurance on Hawaiian Migratory Bird Hunting: Homelands, 33278–33279 Supplemental Proposals for Migratory Game Bird Single Family Premium Collection SubSystem-Periodic, Hunting Regulations for the 2015–16 Hunting 33277–33278 Season; Meetings, 33223–33227 NOTICES Indian Affairs Bureau Meetings: NOTICES North American Wetlands Conservation Council, 33279 Rate Adjustments for Indian Irrigation Projects, 33279– 33286 Food and Drug Administration Indian Health Service NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals: Class II Special Controls Guidance Document––Labeling Loan Repayment Program, 33275–33276 for Natural Rubber Latex Condoms, 33270–33271 Survey of Health Care Practitioners for Device Labeling Interior Department Format and Content, 33270 See Fish and Wildlife Service Guidance for Industry: See Indian Affairs Bureau Considerations for the Design of Early-Phase Clinical See Surface Mining Reclamation and Enforcement Office Trials of Cellular and Gene Therapy Products, 33271–33272 Internal Revenue Service PROPOSED RULES Food Safety and Inspection Service Elimination of Circular Adjustments to Basis; Absorption of NOTICES Losses, 33211–33222 Guidance for Industry and Staff: Controlling Listeria monocytogenes in Retail International Trade Administration Delicatessens, 33228–33230 NOTICES International Standard-Setting Activities, 33230–33240 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Foreign Assets Control Office Interim Procedures for Considering Requests under the NOTICES Commercial Availability Provision of the United Blocking or Unblocking of Persons and Properties, 33338 States – Colombia Trade Promotion Agreement, 33244–33245 General Services Administration Procedures for Considering Requests and Comments from NOTICES the Public for Textile and Apparel Safeguard Actions Meetings: on Imports from Colombia, 33243–33244 World War One Centennial Commission, 33266–33267 Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Health and Human Services Department Polyethylene Terephthalate Film, Sheet, and Strip from the People’s Republic of China, 33241–33243 See Agency for Healthcare Research and Quality See Children and Families Administration Justice Department See Food and Drug Administration See Justice Programs Office See Health Resources and Services Administration NOTICES See Indian Health Service Agency Information Collection Activities; Proposals, See National Institutes of Health Submissions, and Approvals: RULES Environmental Information, 33291 Standards Related to Reinsurance, Risk Corridors, and Risk Request to Change III/NGI Base Identifier(s), 33290–33291 Adjustment under the Affordable Care Act; CFR Proposed Consent Decrees under CERCLA, 33289–33290 Correction, 33198 Justice Programs Office Health Resources and Services Administration NOTICES NOTICES Meetings: Health Center Controlled Networks, 33274–33275 National Motor Vehicle Title Information System Federal Health Center Program, 33272–33274 Advisory Committee, 33291–33292
Homeland Security Department Labor Department See U.S. Citizenship and Immigration Services See Employment and Training Administration
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See Occupational Safety and Health Administration Peace Corps NOTICES National Council on Disability Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals, 33304 Freedom of Information Act, Privacy Act, and Government Postal Service in the Sunshine Act Procedures, 33199–33208 NOTICES Product Changes: National Endowment for the Arts Priority Mail Negotiated Service Agreement, 33304–33305 RULES Drug-Free Workplace Requirements; Implementation of Securities and Exchange Commission OMB Guidance, 33155–33157 NOTICES Agency Information Collection Activities; Proposals, National Foundation on the Arts and the Humanities Submissions, and Approvals, 33308–33309, 33318– See National Endowment for the Arts 33320 Self-Regulatory Organizations; Proposed Rule Changes: National Highway Traffic Safety Administration EDGA Exchange, Inc., 33316–33318 NOTICES Miami International Securities Exchange, LLC, 33305– Petitions for Decision of Inconsequential Noncompliance: 33308 BMW of North America, LLC, 33332–33333 NYSE Arca, Inc., 33309–33316 Continental Tire the Americas, LLC, 33331–33332 Small Business Administration Tireco, Inc., 33333–33334 NOTICES Petitions for Decision of Inconsequential Noncompliance: Disaster Declarations: General Motors, LLC, 33334–33336 Illinois, 33320 Goodyear Tire and Rubber Co., 33336–33337 Kentucky; Amendment 1, 33321 McLaren Automotive, Inc., 33337–33338 Oklahoma, 33321–33322 Oklahoma; Amendment 1, 33322 National Institutes of Health Oklahoma; Amendment 2, 33322 NOTICES West Virginia, 33320–33321 Meetings: Eunice Kennedy Shriver National Institute of Child State Department Health and Human Development, 33276 NOTICES Agency Information Collection Activities; Proposals, National Oceanic and Atmospheric Administration Submissions, and Approvals: NOTICES Application for Immigrant and Alien Registration, 33322– Agency Information Collection Activities; Proposals, 33323 Submissions, and Approvals, 33246 Determination that Italy is not a Large-Scale High Seas Surface Mining Reclamation and Enforcement Office Driftnet Nation, 33245–33246 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 33286–33289 National Transportation Safety Board NOTICES Transportation Department Investigative Hearing, 33296–33297 See Federal Aviation Administration See Federal Highway Administration Nuclear Regulatory Commission See Federal Motor Carrier Safety Administration NOTICES See National Highway Traffic Safety Administration Environmental Assessments; Availability, etc.: PSEG Nuclear, LLC; Salem Nuclear Generating Station, Treasury Department Unit Nos. 1 and 2, Hope Creek Generating Station, See Foreign Assets Control Office 33297–33299 See Internal Revenue Service Fuel Cycle Oversight Process, 33303–33304 NOTICES Independent Spent Fuel Storage Installations: Agency Information Collection Activities; Proposals, Fort St. Vrain, 33299–33303 Submissions, and Approvals, 33338–33339 U.S. Citizenship and Immigration Services Occupational Safety and Health Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals: Application for Family Unity Benefits, Form I–817, Blasting and the Use of Explosives, 33294–33296 33276–33277 Cadmium in General Industry Standard, 33293–33294
Patent and Trademark Office Separate Parts In This Issue RULES Changes in Requirements for Collective Trademarks and Part II Service Marks, Collective Membership Marks, and Interior Department, Fish and Wildlife Service, 33342– Certification Marks, 33170–33190 33396
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
2 CFR 3256...... 33155 5 CFR Proposed Rules: Ch. C ...... 33199 14 CFR Proposed Rules: 39...... 33208 24 CFR Ch. IX...... 33157 26 CFR Proposed Rules: 1...... 33211 301...... 33211 34 CFR 222...... 33157 37 CFR 2...... 33170 7...... 33170 40 CFR 52 (3 documents) ...... 33191, 33192, 33195 Proposed Rules: 52 (2 documents) ...... 33222, 33223 45 CFR 153...... 33198 1155...... 33155 50 CFR Proposed Rules: 20...... 33223 32...... 33342
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Rules and Regulations Federal Register Vol. 80, No. 112
Thursday, June 11, 2015
This section of the FEDERAL REGISTER part 3256 so that the originally- the agency previously issued in its own contains regulatory documents having general designated part may be used for other CFR title with a brief regulation in 2 applicability and legal effect, most of which regulations. CFR adopting the Governmentwide are keyed to and codified in the Code of policies and procedures. One advantage A. Background Federal Regulations, which is published under of this approach is that it reduces the 50 titles pursuant to 44 U.S.C. 1510. On November 18, 1988, Congress total volume of drug-free workplace The Code of Federal Regulations is sold by enacted the Drug-Free Workplace Act of regulations. A second advantage is that the Superintendent of Documents. Prices of 1988 (Pub. L. 100–690, Title V, Subtitle it locates OMB’s guidance and all of the new books are listed in the first FEDERAL D; 41 U.S.C. 701, et seq.) as a part of agencies’ implementing regulations in 2 REGISTER issue of each week. omnibus drug legislation. Federal CFR. agencies issued an interim final common rule to implement the Act as B. The Current Regulatory Actions NATIONAL FOUNDATION ON THE it applied to grants (53 FR 4946, January As the OMB guidance requires, the ARTS AND THE HUMANITIES 31, 1989). The rule was a subpart of the NEA is taking two regulatory actions. Governmentwide common rule on First, we are removing the drug-free National Endowment for the Arts nonprocurement suspension and workplace common rule from 45 CFR debarment. The agencies issued a final part 1155. Second, to replace the 2 CFR Part 3256 common rule after consideration of common rule, we are issuing a brief public comments (55 FR 21681, May 25, regulation in 2 CFR part 3256 to adopt 45 CFR Part 1155 1990). the Governmentwide policies and The agencies proposed an update to RIN 3135–AA24 procedures in the OMB guidance. the drug-free workplace common rule in Please note that the proposed rule for Implementation of OMB Guidance on 2002 (67 FR 3266, January 23, 2002) and this regulatory change, filed March 23, Drug-Free Workplace Requirements finalized it in 2003 (68 FR 66534, 2015, originally designated 2 CFR part November 26, 2003). The updated 3255 for the Implementation of the OMB AGENCY: National Endowment for the common rule was redrafted in plain Guidance. No comments were received Arts. language and adopted as a separate part, regarding the proposed rule during the ACTION: Final rule. independent from the common rule on 30 day comment period. The final rule, nonprocurement suspension and however has redesignated this SUMMARY: The National Endowment for debarment. Based on an amendment to Implementation of OMB Guidance to the Arts (NEA) is adopting the Office of the drug-free workplace requirements in part 3256 so that the originally- Management and Budget (OMB) 41 U.S.C. 702 (Pub. L. 105–85, div. A, designated part may be used for other guidance on drug-free workplace title VIII, Sec. 809, Nov. 18, 1997, 111 regulations. requirements for financial assistance. It Stat. 1838), the update also allowed 1. Invitation To Comment is removing its regulation implementing multiple enforcement options from the Governmentwide common rule and which agencies could select, rather than Taken together, these regulatory issuing a new regulation to adopt the requiring use of a certification in all actions are solely an administrative OMB guidance. This regulatory action cases. simplification and are not intended to implements the OMB’s initiative to When it established Title 2 of the CFR make any substantive change in policies streamline and consolidate into one title as the new central location for OMB or procedures. In soliciting comments of the CFR all Federal regulations on guidance and agency implementing on these actions, we did not seeking to drug-free workplace requirements for regulations concerning grants and revisit substantive issues that were financial assistance. These regulatory agreements (69 FR 26276, May 11, resolved during the development of the actions constitute an administrative 2004), OMB announced its intention to final common rule in 2003. We invited simplification that would make no replace common rules with OMB comments specifically on any substantive change in NEA’s policy or guidance that agencies could adopt in unintended changes in substantive procedures for drug-free workplace. brief regulations. OMB began that content that the new part in 2 CFR DATES: This rule is effective on June 11, process by proposing (70 FR 51863, would make relative to the common rule 2015. August 31, 2005) and finalizing (71 FR at 45 CFR part 1155. No comments were 66431, November 15, 2006) received by the close of the thirty day FOR FURTHER INFORMATION CONTACT: Governmentwide guidance on comment period. Sarah Weingast, Assistant General nonprocurement suspension and 2. Administrative Procedure Act Counsel, (202) 682–5796. debarment in 2 CFR part 180. SUPPLEMENTARY INFORMATION: Please As the next step in that process, OMB Under the Administrative Procedure note that the proposed rule for this proposed for comment (73 FR 55776, Act (5 U.S.C. 553), agencies generally regulatory change, filed March 23, 2015, September 26, 2008) and finalized (74 propose a regulation and offer interested originally designated 2 CFR part 3255 FR 28149, June 15, 2009) parties the opportunity to comment for the Implementation of the OMB Governmentwide guidance with policies before it becomes effective. However, as Guidance. No comments were received and procedures to implement drug-free described in the ‘‘Background’’ section regarding the proposed rule during the workplace requirements for financial of this preamble, the policies and 30 day comment period. This final rule, assistance. The guidance requires each procedures in this regulation have been however has redesignated this agency to replace the common rule on proposed for comment two times—one Implementation of OMB Guidance to drug-free workplace requirements that time by federal agencies as a common
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rule in 2002, and a second time by OMB List of Subjects 3256.505 Who in the NEA determines that as guidance in 2008—and adopted each a recipient who is an individual violated 2 CFR Part 3256 time after resolution of the comments the requirements of this part? received. Administrative practice and Subpart F—[Reserved] This final rule is solely an procedure, Drug abuse, Grant programs, administrative simplification that would Reporting and recordkeeping Authority: 41 U.S.C. 701 et seq. requirements. make no substantive change in the NEA § 3256.100 What does this part do? policy or procedures for drug-free 45 CFR Part 1155 This part requires that the award and workplace. We therefore believe that the Administrative practice and administration of NEA grants and rule is noncontroversial and did not procedure, Drug abuse, Grant programs, cooperative agreements comply with expect to receive adverse comments, Loan programs, Reporting and Office of Management and Budget although we are invited comments on recordkeeping requirements. (OMB) guidance implementing the any unintended substantive change this For the reasons stated in the portion of the Drug-Free Workplace Act rule makes. No comments were received of 1988 (41 U.S.C. 701–707, as by the close of the thirty-day comment preamble, the National Endowment for the Arts amends 2 CFR chapter XXXII amended, hereafter referred to as ‘‘the period and this rule becomes effective Act’’) that applies to grants. It thereby— on June 11, 2015 without further action. and 45 CFR chapter XI as follows: (a) Gives regulatory effect to the OMB 3. Executive Order 12866 Title 2—Grants and Agreements guidance (subparts A through F of 2 CFR part 182) for the NEA’s grants and CHAPTER XXXII—NATIONAL ENDOWMENT OMB has determined this rule to be cooperative agreements; and not significant for purposes of E.O. FOR THE ARTS (b) Establishes NEA policies and 12866. ■ 1. In title 2, chapter XXXII, add part procedures for compliance with the Act 4. Regulatory Flexibility Act of 1980 3256 to read as follows: that are the same as those of other (5 U.S.C. 605(b)) PART 3256—REQUIREMENTS FOR Federal agencies, in conformance with the requirement in 41 U.S.C. 705 for This regulatory action will not have a DRUG–FREE WORKPLACE (FINANCIAL ASSISTANCE) Governmentwide implementing significant adverse impact on a regulations. substantial number of small entities. Sec. § 3256.105 Does this part apply to me? 5. Unfunded Mandates Act of 1995 (Sec. 3256.100 What does this part do? 202, Pub. L. 104–4) 3256.105 Does this part apply to me? This part and, through this part, 3256.110 What policies and procedures pertinent portions of the OMB guidance This regulatory action does not must I follow? in subparts A through F of 2 CFR part contain a Federal mandate that will Subpart A—[Reserved] 182 (see table at 2 CFR 182.115(b)) result in the expenditure by State, local, apply to you if you are a— and tribal governments, in aggregate, or Subpart B—Requirements for Recipients Other Than Individuals (a) Recipient of an NEA grant or by the private sector of $100 million or cooperative agreement; or more in any one year. 3256.200 Whom in the NEA does a recipient other than an individual notify (b) NEA awarding official. 6. Paperwork Reduction Act of 1995 (44 about a criminal drug conviction? § 3256.110 What policies and procedures U.S.C., Chapter 35) Subpart C—Requirements for Recipients must I follow? This regulatory action will not impose Who Are Individuals (a) General. You must follow the any additional reporting or 3256.300 Whom in the NEA does a policies and procedures specified in the recordkeeping requirements under the recipient who is an individual notify applicable sections of the OMB Paperwork Reduction Act. about a criminal drug conviction? guidance in subparts A through F of 2 CFR part 182, as implemented by this 7. Federalism (Executive Order 13132) Subpart D—Responsibilities of NEA Awarding Officials part. This regulatory action does not have 3256.400 What method do I use as an (b) Specific sections of OMB guidance Federalism implications, as set forth in agency awarding official to obtain a that this part supplements. In Executive Order 13132. It will not have recipient’s agreement to comply with the implementing the guidance in 2 CFR substantial direct effects on the States, OMB guidance? part 182, this part supplements four on the relationship between the national Subpart E—Violations of This Part and sections of that guidance, as shown in government and the States, or on the Consequences the following table. For each of those distribution of power and 3256.500 Who in the NEA determines that sections, you must follow the policies responsibilities among the various a recipient other than an individual and procedures in the OMB guidance, as levels of government. violated the requirements of this part? supplemented by this part.
Section in this part Section of OMB guidance where What the supplementation clarifies supplemented
(1) 2 CFR 182.225(a) ...... § 3256.200 Whom in the NEA a recipient other than an individual must notify if an employee is convicted for a violation of a criminal drug statute in the workplace. (2) 2 CFR 182.300(b) ...... § 3256.300 Whom in the NEA a recipient who is an individual must notify if he or she is convicted of a crimi- nal drug offense resulting from a violation occurring during the conduct of any award activity. (3) 2 CFR 182.500 ...... § 3256.500 Who in the NEA is authorized to determine that a recipient other than an individual is in violation of the requirements of 2 CFR part 182, as implemented by this part. (4) 2 CFR 182.505 ...... § 3256.505 Who in the NEA is authorized to determine that a recipient who is an individual is in violation of the requirements of 2 CFR part 182, as implemented by this part.
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(c) Sections of the OMB guidance that § 3256.505 Who in the NEA determines Corrections this part does not supplement. For any that a recipient who is an individual violated the requirements of this part? In the Federal Register of May 26, section of OMB guidance in subparts A 2015, in FR Doc. 2015–12648, please through F of 2 CFR part 182 that is not The Chairman of the National make the following corrections: listed in paragraph (b) of this section, Endowment for the Arts is the official 1. On page 30004, in the third the NEA’s policies and procedures are authorized to make the determination column, correct the ADDRESSES section the same as those in the OMB guidance. under 2 CFR 182.505. to read as follows: Subpart A—[Reserved] Subpart F—[Reserved] ADDRESSES: The meeting will take place at the DoubleTree-Scottsdale, 5401 Subpart B—Requirements for Title 45—Public Welfare North Scottsdale Road, Scottsdale, Recipients Other Than Individuals Arizona 85250–7090. PART 1155—[REMOVED] 2. On page 30005, in the second § 3256.200 Whom in the NEA does a column, correct the first paragraph recipient other than an individual notify ■ 2. Under the authority of 20 U.S.C. under Section II to read as follows: about a criminal drug conviction? 959(a)(1), part 1155 is removed. II. Seventh Committee Meeting A recipient other than an individual Kathy N. Daum, that is required under 2 CFR 182.225(a) The seventh meeting of the IHBG to notify Federal agencies about an Director, Office of Administrative Services. Formula Negotiation Rulemaking employee’s conviction for a criminal [FR Doc. 2015–14163 Filed 6–10–15; 8:45 am] Committee will be held on Tuesday, drug offense must notify the NEA BILLING CODE 7537–01–P August 11, 2015, Wednesday, August awarding official or other designee for 12, 2015, and Thursday, August 13, each award that it currently has. 2015. On each day, the session will begin at approximately 8:30 a.m., and Subpart C—Requirements for DEPARTMENT OF HOUSING AND adjourn at approximately 5:30 p.m. The Recipients Who Are Individuals URBAN DEVELOPMENT meeting will take place at the DoubleTree-Scottsdale, 5401 North § 3256.300 Whom in the NEA does a 24 CFR Chapter IX recipient who is an individual notify about Scottsdale Road, Scottsdale, Arizona. a criminal drug conviction? Dated: June 8, 2015. [Docket No. FR–5650–N–10] A recipient who is an individual and Aaron Santa Anna, is required under 2 CFR 182.300(b) to Native American Housing Assistance Assistant General Counsel for Regulations. notify Federal agencies about a and Self-Determination Act of 1996: [FR Doc. 2015–14324 Filed 6–10–15; 8:45 am] conviction for a criminal drug offense Negotiated Rulemaking Committee; BILLING CODE P must notify the NEA awarding official Notice of Seventh Meeting; Correction or other designee for each award that he or she currently has. AGENCY: Office of the General Counsel, HUD. DEPARTMENT OF EDUCATION Subpart D—Responsibilities of NEA ACTION: Notice of meetings of negotiated 34 CFR Part 222 Awarding Officials rulemaking committee; Correction. RIN 1810–AB21 § 3256.400 What method do I use as an SUMMARY: On May 26, 2015, HUD agency awarding official to obtain a Impact Aid Program recipient’s agreement to comply with the published a notice in the Federal OMB guidance? Register announcing the seventh AGENCY: Office of Elementary and meeting of the Indian Housing Block Secondary Education, Department of To obtain a recipient’s agreement to Grant (IHBG) program negotiated Education comply with applicable requirements in rulemaking committee. The notice ACTION: Final regulations. the OMB guidance at 2 CFR part 182, advised the public that the seventh you must include the following term or meeting of the IHBG negotiated SUMMARY: The Secretary amends the condition in the award: Drug-free rulemaking committee will be held on Impact Aid Program regulations to workplace. You as the recipient must Tuesday, August 11, 2015, Wednesday, reflect changes made to title VIII of the comply with drug-free workplace August 12, 2015, and Thursday, August Elementary and Secondary Education requirements in subpart B (or subpart C, 13, 2015. The published notice Act of 1965 (ESEA or Act), as amended if the recipient is an individual) of this incorrectly listed the location for the by various statutes, to delete obsolete part, which adopts the Governmentwide meeting. This document corrects the provisions, to correct technical errors, implementation (2 CFR part 182) of sec. address and location for the meeting. and to incorporate relevant statutory 5152–5158 of the Drug-Free Workplace FOR FURTHER INFORMATION CONTACT: and regulatory changes from the Act of 1988 (Pub. L. 100–690, Title V, Individuals with Disabilities Education Subtitle D; 41 U.S.C. 701–707). Rodger J. Boyd, Deputy Assistant Secretary for Native American Act (IDEA) and its implementing Subpart E—Violations of This Part and Programs, Office of Public and Indian regulations. The Secretary makes minor Consequences Housing, Department of Housing and technical, clarifying, and streamlining Urban Development, 451 Seventh Street changes for the reader’s convenience, § 3256.500 Who in the NEA determines SW., Room 4126, Washington, DC including reordering the regulations that that a recipient other than an individual 20410, telephone number 202–401–7914 implement the section of the Act violated the requirements of this part? (this is not a toll-free number). Hearing- regarding local contribution rates that The Chairman of the National or speech-impaired individuals may are based on generally comparable local Endowment for the Arts is the official access this number via TTY by calling educational agencies (LEAs). authorized to make the determination the toll-free Federal Relay Service at 1– DATES: These regulations are effective under 2 CFR 182.500. 800–877–8339. June 11, 2015.
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FOR FURTHER INFORMATION CONTACT: Subpart A—General most recent fiscal year for which Kristen Walls-Rivas, U.S. Department of • Revising § 222.2 to reflect that the satisfactory data are available for local Education, 400 Maryland Avenue SW., definition of ‘‘modernization’’ in section contribution rates based on one-half of Room 3C155, Washington, DC 20202– 8013 of the Act is applicable to this part. the State average or one-half of the 6244. Telephone: (202) 260–3858 or by • Revising §§ 222.3 and 222.5 to national average if satisfactory email: [email protected]. reflect a change to the ESEA requiring expenditure data from the third If you use a telecommunications that we use preceding-year data in preceding fiscal year are not available. device for the deaf (TDD) or a text • calculating payments under section Reorganizing the local contribution telephone (TTY), call the Federal Relay rate regulations currently in §§ 222.39 Service (FRS), toll free, at 1–800–877– 8002 of the Act, which means that applications for sections 8002 and 8003 through 222.41 of subpart C to 8339. streamline those provisions, remove Individuals with disabilities may payments are based on the same year’s data. redundancies, and reflect current law obtain this document in an alternative • and procedures. In recent fiscal years, format (e.g., braille, large print, Revising § 222.4 to remove outdated references to the submission of approximately 15 State educational audiotape, or compact disc) on request agencies (SEAs) have opted to use these to the contact person listed under FOR applications via U.S. mail. • provisions. Fourteen of these SEAs used FURTHER INFORMATION CONTACT. Revising § 222.6 to conform to the requirement in section 8005 of the ESEA the provision in § 222.39 and only one SUPPLEMENTARY INFORMATION: These that we give written notice to an SEA used the additional factor final regulations make technical changes provisions in current § 222.39(c). For to the existing regulations for the Impact applicant following the applicant’s failure to comply with the applicable that reason we have reorganized the Aid Program in 34 CFR part 222. The sections to keep the basic generally existing regulations contain technical filing deadline. • Revising §§ 222.12 and 222.13, comparable regulations under § 222.39 errors and language that is inconsistent and move the more specific provisions with other regulations and with the concerning overpayment forgiveness, to remove references to obsolete statutory relating to the use of additional factors current provisions of the Impact Aid to § 222.40. The substance of these statute (title VIII of the ESEA) and provisions and deadlines since overpayments under those provisions provisions has not changed; in statutory and regulatory provisions of accordance with section parts B and C of the IDEA. The Impact no longer exist. • Revising § 222.19 to update the list 8003(b)(1)(C)(iii) of the Act, the methods Aid statute has been amended by a that SEAs use to determine generally number of laws in recent years, of statutes and regulations that apply to the program. comparable local contribution rates including, for purposes of these remain unchanged from the regulations regulations: Subpart B—Payments for Federal • in effect on January 1, 1994. The National Defense Authorization Property Under Section 8002 of the Act Paragraphs (a) and (b) of § 222.39 Act for Fiscal Year 2013 (Pub. L. 112– • Revising § 222.22 to conform to describe the method SEAs use to 239); identify generally comparable LEAs for • The 2002 Supplemental statutory changes to section 8002 of the determining local contribution rates, Appropriations Act (Pub. L. 107–206); Act concerning compensation that LEAs • The No Child Left Behind Act of receive from Federal activities on through grouping by grade span/legal 2001 (Pub. L. 107–110); eligible Federal property. classification, size, and location. The • The Department of Education • Despite the fact that § 222.23 is current provisions in § 222.40 and the Appropriations Act, 2001 (Pub. L. 106– currently superseded by statutory examples also refer to grouping by grade 554); and changes to section 8002 of the Act, we span/legal classification, size, and • The Impact Aid Reauthorization are not removing or revising § 222.23 location for determining local Act of 2000 (Pub. L. 106–398). because those statutory provisions are contribution rates; we move these These final regulations make scheduled to expire. provisions to § 222.39 in order to technical corrections, align the eliminate redundancy and streamline Subpart C—Payments for Federally regulations with statutory changes made the provisions. We remove the Connected Children Under Section to the program and to relevant statutory remaining provisions in current 8003(b) of the Act and regulatory changes related to the § 222.40, and in the example that IDEA, delete obsolete provisions, and • Revising § 222.33 to indicate that an follows the section, as they are streamline the regulations. There are LEA makes its membership count before redundant. also recent statutory changes that will the deadline date upon which Impact The provisions in new § 222.40, require public comment in order to Aid applications are due, rather than no moved from current § 222.39(c), make changes to the regulations. These later than that date. describe the circumstances and substantive changes are not included in • Revising § 222.35(a)(2) to refer to an procedures for using additional factors this notice. We will seek public ‘‘unsigned’’ parent-pupil survey form. to identify a subgroup of generally comment on them in a notice of • In § 222.36, amending paragraphs comparable LEAs, for the limited proposed rulemaking that we intend to (a) and (b) to reflect a statutory change number of LEAs that qualify for this publish at a later date. related to application data submitted by option. The examples from current In implementing the Impact Aid newly established LEAs, and removing § 222.39(c) are retained, with the Program, the Secretary generally issues paragraph (d) as obsolete. exception of one example removed for regulations only where absolutely • In § 222.38, updating the statutory redundancy. Paragraph (e) of new necessary or to provide increased references in the heading and paragraph § 222.40 contains the provisions of flexibility or reduce burden. We discuss (a) to conform to current statutory current § 222.39(c)(4), with the the major technical changes made by designations and renumbering the clarification that the SEA certifies the these regulations under the sections of provisions of the section. In addition, local contribution rate data by the regulations to which they pertain. we add as new paragraph (b) provisions submitting that data to the Secretary, in We do not discuss minor technical that incorporate the statutory accordance with the current text of changes. requirement that we use data from the section 8003(b)(1)(c)(iii) of the Act.
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• Revising § 222.41 to add a reference Free appropriate public education or must have in place an IEP or IFSP (as to new § 222.40 and to add clarifying FAPE, individualized education appropriate). language regarding the certification of program or IEP, related services, and • Revising §§ 222.52, 222.53, 222.54, data by the SEA. special education. In addition, we add and 222.55 to reflect revisions to part C • Reserving § 222.42 for further the following relevant new terms with of the IDEA by including a reference to provisions regarding local contribution cross-references to their definitions in early intervention services. We also rates. revise § 222.53 to improve its readability • the applicable IDEA regulations: Child Moving to new § 222.43 the content with a disability, early intervention and consistency with IDEA statutory of current §§ 222.63 and 222.64 (from services, individualized family service provisions regarding prior approval if subpart E). These provisions implement plan or IFSP, and infants, toddlers, and funds are used for construction. the authority in section 8003(b)(1)(F) of children with disabilities. We use the the ESEA regarding increases in the Subpart E—Payments for Heavily term ‘‘infants, toddlers, and children local contribution rate of an LEA that is Impacted Local Educational Agencies with disabilities’’ to refer to both unable to provide an equivalent level of Under Section 8003(b)(2) of the Act ‘‘infants and toddlers with disabilities’’ education due to higher current • Removing subpart E in its entirety expenditures caused by unusual who are eligible to receive early intervention services under part C of the and replacing it with a new subpart E, geographic factors. Previously, this type consisting of a new heading and new of assistance was grouped as one type of IDEA and ‘‘children with disabilities’’ who are eligible to receive special §§ 222.60 through 222.79. The new heavily impacted district assistance. subpart E, which governs payments to Although the Act does not currently education and related services under part B of the IDEA. Combined, these are certain heavily impacted LEAs, reflects treat this assistance as heavily impacted statutory changes to section 8003(b)(2) district funding, the substantive all children who are eligible to receive services under the IDEA for purposes of of the ESEA. We explain the statutory requirements for the statutory provision changes and implementing regulatory the Impact Aid statute (20 U.S.C. remain unchanged. Paragraph (a)(1)–(3) provisions by regulatory section number 7703(d)(1)(A)) and we refer to them in of new § 222.43 contains the below. these regulations as ‘‘infants, toddlers, information currently in § 222.63(a)–(c), • New § 222.60 reflects the statutory updated to reflect statutory changes. and children with disabilities.’’ We remove the definition of ‘‘preschool’’ as change that payments to heavily Paragraph (a)(4) of new § 222.43 impacted districts are no longer it is unnecessary due to Impact Aid contains the provisions of current supplemental to other Impact Aid § 222.63(d), specifically that if an LEA is provisions that permit districts to claim payments under section 8003(b). in a State authorized by the Department preschool-age students regardless of • New § 222.61 reflects changes to to take into account Impact Aid under whether their education is part of statutory requirements for data used to section 8009 of the Act, then it is not elementary education under State law, determine eligibility of heavily eligible to use the ‘‘unusual geographic’’ and to avoid any confusion with respect impacted LEAs. This section includes provision. Paragraph (b) of new § 222.43 to the provisions in section 619 and part language clarifying that the tax rate contains the contents of current C of the IDEA regarding preschool requirement for these LEAs may be met § 222.64(b), with clarifying changes. We children. We remove the definition of by having a tax rate that is at least 95 remove current § 222.64(a) as it is ‘‘children with specific learning percent of the average tax rate of either already covered by the provisions in disabilities’’ because that term is already comparable LEAs as identified in § 222.43. encompassed in the definition of § 222.74 or all LEAs in the State, • Moving to new § 222.44 the ‘‘children with disabilities’’ under part pursuant to section 8003(b)(2)(G) of the provisions currently found in § 222.73 B of the IDEA. We remove the definition Act. related to the calculation of maximum of ‘‘intermediate educational unit’’ • New § 222.62 reflects changes to the payments for eligible LEAs under because it has been subsumed in the criteria in section 8003(b)(2) of the Act section 8003(b)(1)(F) of the ESEA. We IDEA definition of LEA in 34 CFR that an LEA must meet to be considered remove § 222.73(c) in accordance with 303.28. statutory changes. We also update an eligible ‘‘continuing’’ heavily • Revising § 222.51(a) and (b) and statutory and regulatory references, and impacted LEA, and the criteria that an adding § 222.51(c), to clarify the existing make minor clarifying changes; LEA must meet to be considered an requirement, from the Impact Aid however, we do not change the content eligible ‘‘new’’ heavily impacted LEA. statute in 20 U.S.C. 7703(d)(1), that of these provisions. An LEA that applies and satisfies the LEAs providing a free appropriate eligibility requirements for two Subpart D—Payments Under Section public education or early intervention consecutive fiscal years is considered a 8003(d) of the Act for Local Educational services to infants, toddlers, and ‘‘new’’ heavily impacted LEA. Section Agencies That Serve Children With children with disabilities under Parts B 222.62(b) reflects the statutory Disabilities and C of the IDEA may count for Impact requirement that such an LEA would • Revising this subpart to incorporate Aid payment purposes only certain of not receive its first payment as a ‘‘new’’ amendments that have been made to those children who are federally heavily impacted LEA until the second parts B and C of the IDEA, through the connected and eligible to receive year of application eligibility. 2004 statutory changes to IDEA, the services under the IDEA. Under the • New § 222.63 describes the primary 2006 IDEA part B final regulations Impact Aid statute and the IDEA, in statutory categories of a ‘‘continuing’’ codified in 34 CFR part 300, and the order to count those infants, toddlers, heavily impacted LEA. An LEA that 2011 IDEA part C final regulations and children with disabilities, the LEA applies and satisfies the eligibility codified in 34 CFR part 303. must provide free appropriate public requirement of one of the primary • Revising § 222.50 (definitions) by education or early intervention services statutory categories and that also removing the previous definitions of the (whichever is applicable) either directly received a heavily impacted payment following terms and replacing them or through an arrangement with another for fiscal year 2000 under section with cross-references to the definitions entity at no cost to the children’s 8003(f) of the ESEA is considered a of those terms in the IDEA regulations: parents, and each child being counted ‘‘continuing’’ heavily impacted LEA.
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• New § 222.64 describes the into account the amount of Impact Aid recommendation that applicants elect statutory categories of a ‘‘new’’ heavily that is due to a district’s heavily mail or email delivery. impacted LEA. These categories are impacted status. There is no substantive • Revising § 222.159 to reflect the similar to those described in new change to these provisions. statutory change that an applicant has § 222.63. There is one significant • New §§ 222.68–222.73 contain the 30 working days to seek judicial review difference in the per pupil expenditure provisions of current §§ 222.66 through following an administrative hearing (PPE) requirement for a ‘‘new’’ heavily 222.71, revised to reflect statutory determination. impacted LEA that has a total changes to the eligibility requirements enrollment of 350 or more. Those LEAs Subpart K—Determinations Under for heavily impacted districts in section Section 8009 of the Act do not have the option of satisfying the 8003(b)(2)(B) and (C) of the Act, to make PPE requirement by using the average clarity changes, and to conform • Revising §§ 222.161 and 222.163 to PPE of all the States. Instead, they can references to the other new regulatory conform to a statutory change in section only satisfy this requirement by using sections of subpart E. 8009(b)(1) of the Act that eliminated the average PPE of all the LEAs within • Section 222.74 is revised to reflect obsolete references to payments under their State. The tax rate requirement for new statutory requirements for the the former Impact Aid law, Public Law these LEAs may be met by having a tax selection of one or three generally 81–874. We also revise § 222.161(a) to rate that is at least 95 percent of the comparable LEAs for certain LEAs in reflect changes in section 8009(b)(1) of average tax rate of either comparable section 8003(b)(2) of the ESEA and to the Act relating to heavily impacted LEAs as identified in § 222.74 or all update the statutory and regulatory districts, and to delete a reference to a LEAs in the State, pursuant to section citations. repealed provision regarding LEAs with 8003(b)(2)(G) of the ESEA. For an LEA • Section 222.75 is revised to reflect high concentrations of children with that has a total enrollment of less than the new statutory provisions in section severe disabilities. • 350, the PPE and tax rate are based on 8003(b)(2) of the ESEA that require the Revising § 222.165 to incorporate a one or three comparable LEAs.] Department to use data from the third statutory change lengthening the time • New § 222.65 connects the new preceding fiscal year, and that limit the period for filing a written request for an statutory requirements for heavily type of applicants for which we administrative hearing from 30 to 60 impacted LEAs with current regulatory calculate the PPE of generally days. provisions for calculating tax rates for comparable school districts to only those LEAs. Executive Order 12866 those districts described in new • New § 222.66 reflects the statutory Regulatory Impact Analysis provisions regarding loss of and § 222.64(a)(2)(ii), that is, ‘‘new’’ districts with less than 350 ADA. Under Executive Order 12866, the resumption of eligibility for section • 8003(b)(2) payments. In the year that Section 222.76, which pertains to Secretary must determine whether this either a ‘‘continuing’’ or ‘‘new’’ heavily ratable reduction of payments for years regulatory action is ‘‘significant’’ and, impacted LEA loses its eligibility for a when insufficient funds are therefore, subject to the requirements of payment under section 8003(b)(2), it appropriated to make full payments the Executive order and subject to will still receive a section 8002(b)(2) under the Act, is removed because review by the Office of Management and payment for that year (commonly section 8003(b)(3) of the Act now Budget (OMB). Section 3(f) of Executive known as a ‘‘hold harmless’’ payment). contains detailed provisions for years in Order 12866 defines a ‘‘significant However, the payment for the year of which insufficient funds are regulatory action’’ as an action likely to ineligibility will be based on the appropriated and applies to all result in a rule that may— number of children in average daily payments, including those for heavily (1) Have an annual effect on the attendance (ADA) that would be impacted districts, making this economy of $100 million or more, or counted for that application if the LEA provision unnecessary. adversely affect a sector of the economy, productivity, competition, jobs, the were eligible. Subpart F—Payments to Local environment, public health or safety, or For resumption of eligibility, a Educational Agencies for Children With State, local, or tribal governments or ‘‘continuing’’ heavily impacted LEA Severe Disabilities Under Section communities in a material way (also must apply and be eligible for two 8003(g) of the Act consecutive years in order to receive referred to as an ‘‘economically another section 8003(b)(2) payment. In • Removing and reserving subpart F significant’’ rule); contrast, a ‘‘new’’ heavily impacted LEA due to the repeal of the statutory (2) Create serious inconsistency or must only apply and be eligible for the authority. otherwise interfere with an action taken or planned by another agency; year of application to receive another Subpart J—Impact Aid Administrative (3) Materially alter the budgetary section 8003(b)(2) payment. The Hearings and Judicial Review Under impacts of entitlement grants, user fees, examples and charts are provided for Section 8011 of the Act additional clarity as to the statutory or loan programs or the rights and requirements. • Revising § 222.151 to remove an obligations of recipients thereof; or • New § 222.67 contains the obsolete statutory reference and (4) Raise novel legal or policy issues provisions of current § 222.65 with incorporate a statutory change arising out of legal mandates, the updated statutory references, and lengthening the time period for filing a President’s priorities, or the principles reflects the statutory change that written request for an administrative stated in the Executive order. payments to heavily impacted districts hearing from 30 to 60 days. This final regulatory action is not a are no longer supplemental to other • Revising § 222.152 to remove significant regulatory action subject to Impact Aid payments under section obsolete statutory references. review by OMB under section 3(f) of 8003(b) of the Act. The revision also • Revising § 222.153 to update the Executive Order 12866. clarifies that in cases where certain addresses to which applicants must We have also reviewed these States are certified by the Department to mail or deliver those administrative regulations under Executive Order take into account Impact Aid payments, hearing requests. We also add an option 13563, which supplements and the State is still forbidden from taking for emailing the requests and note our explicitly reaffirms the principles,
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structures, and definitions governing Upon review of the costs to LEAs, we Electronic Access to This Document: regulatory review established in have determined there is no financial or The official version of this document is Executive Order 12866. To the extent resource burden associated with these the document published in the Federal permitted by law, Executive Order changes. The LEAs will benefit from an Register. Free Internet access to the 13563 requires that an agency— updated and streamlined regulation that official edition of the Federal Register (1) Propose or adopt regulations only will facilitate a better understanding of and the Code of Federal Regulations is on a reasoned determination that their the program requirements. available via the Federal Digital System benefits justify their costs (recognizing at: www.gpo.gov/fdsys. At this site you Waiver of Proposed Rulemaking that some benefits and costs are difficult can view this document, as well as all to quantify); Under the Administrative Procedure other documents of this Department (2) Tailor its regulations to impose the Act (5 U.S.C. 553), the Department published in the Federal Register, in least burden on society, consistent with generally offers interested parties the text or Adobe Portable Document obtaining regulatory objectives and opportunity to comment on proposed Format (PDF). To use PDF you must taking into account—among other things regulations. However, these final have Adobe Acrobat Reader, which is and to the extent practicable—the costs regulations merely reflect changes made available free at the site. of cumulative regulations; to title VIII of the ESEA and to the IDEA You may also access documents of the (3) In choosing among alternative and its implementing regulations, as Department published in the Federal regulatory approaches, select those well as technical corrections and Register by using the article search approaches that maximize net benefits clarifications to delete obsolete feature at: www.federalregister.gov. (including potential economic, provisions, correct technical errors, and Specifically, through the advanced environmental, public health and safety, streamline the Impact Aid Program search feature at this site, you can limit and other advantages; distributive regulations for the reader’s convenience. your search to documents published by impacts; and equity); These corrections and clarifications do the Department. (Catalog of Federal (4) To the extent feasible, specify not affect the substantive rights or Domestic Assistance Number 84.041) performance objectives, rather than the obligations of individuals or institutions behavior or manner of compliance a and do not establish or affect List of Subjects in 34 CFR Part 222 regulated entity must adopt; and substantive policy. Thus, under 5 U.S.C. Education, Education of children with (5) Identify and assess available 553(b)(B), the Secretary has determined disabilities, Elementary and secondary alternatives to direct regulation, that proposed regulations are education, Federally affected areas, including economic incentives—such as unnecessary. Grant programs—education, Indians— user fees or marketable permits—to education, Public housing, Reports and encourage the desired behavior, or Regulatory Flexibility Act Certification recordkeeping requirements, School provide information that enables the The Secretary certifies that these construction. public to make choices. regulations will not have a significant Executive Order 13563 also requires economic impact on a substantial Dated: June 5, 2015. an agency ‘‘to use the best available number of small entities. The small Deborah Delisle, techniques to quantify anticipated entities that are affected by these Assistant Secretary for Elementary and present and future benefits and costs as regulations are small LEAs receiving Secondary Education. accurately as possible.’’ The Office of Federal funds under this program. For the reasons discussed in the Information and Regulatory Affairs of These regulations contain technical preamble, the Secretary amends part OMB has emphasized that these corrections to current regulations. The 222 of title 34 of the Code of Federal techniques may include ‘‘identifying changes will not have a significant Regulations as follows: changing future compliance costs that economic impact on any of the entities might result from technological affected because the regulations do not PART 222—IMPACT AID PROGRAM innovation or anticipated behavioral impose excessive burdens or require changes.’’ unnecessary Federal supervision. ■ 1–2. The authority citation for part We are issuing these final regulations 222 continues to read as follows: Paperwork Reduction Act of 1995 only on a reasoned determination that Authority: 20 U.S.C. 7701–7714, unless their benefits justify their costs. In The Paperwork Reduction Act of 1995 otherwise noted. choosing among alternative regulatory does not require you to respond to a approaches, we selected those collection of information unless it ■ 3. Section 222.2 is amended by: approaches that maximize net benefits. displays a valid OMB control number. ■ A. In paragraph (a)(1), adding the term Based on the analysis that follows, the We display the valid OMB control ‘‘modernization’’ in alphabetical order. Department believes that these final number assigned to the collection of ■ B. In paragraph (b) introductory text, regulations are consistent with the information in these final regulations at removing the phrase ‘‘section 14101’’ principles in Executive Order 13563. the end of the affected sections of the and adding, in its place, the phrase We also have determined that this regulations. ‘‘section 9101’’. regulatory action does not unduly ■ C. Revising the first sentence of the interfere with State, local, and tribal Intergovernmental Review definition of ‘‘applicant’’ and the governments in the exercise of their This program is not subject to definition of ‘‘federally connected governmental functions. Executive Order 12372 and the children’’ in paragraph (c). In accordance with both Executive regulations in 34 CFR part 79. The revisions read as follows: orders, the Department has assessed the Accessible Format: Individuals with potential costs and benefits, both disabilities can obtain this document in § 222.2 What definitions apply to this part? quantitative and qualitative, of this an accessible format (e.g., braille, large * * * * * regulatory action. The potential costs print, audiotape, or compact disc) on (c) * * * associated with this regulatory action request to the program contact person Applicant means any LEA that files are those resulting from statutory listed under FOR FURTHER INFORMATION an application for financial assistance requirements. CONTACT. under section 8002 or section 8003 of
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the Act and the regulations in this part (2) By the end of the Federal fiscal § 222.13 What overpayments are not implementing those provisions. * * * year preceding the fiscal year for which eligible for forgiveness under section 8012 of the Act? * * * * * the LEA seeks assistance. Federally connected children means (b) The LEA also may amend its The Secretary does not consider as children described in section 8003 or application based on actual data eligible for forgiveness under section section 8010(c)(2) of the Act. regarding eligible Federal properties or 8012 of the Act any overpayment caused by an LEA’s failure to expend or (Authority: 20 U.S.C. 7703(a)(1) and 7710(c); federally connected children if— 37 U.S.C. 101) account for funds properly under the (1) Those data were not available at following laws and regulations: * * * * * the time the LEA filed its application (a) Section 8003(d) of the Act ■ 4. Section 222.3 is amended by (e.g., due to a second membership count (implemented in subpart D of this part) revising paragraphs (a) introductory of students) and are acceptable to the for certain federally connected children text, (a)(1), (b)(2), and (c)(1)(i) to read as Secretary; and with disabilities. follows: (2) The LEA submits a written request (b) Section 8007 of the Act for to the Secretary with a copy to its SEA § 222.3 How does a local educational construction. agency apply for assistance under section no later than the end of the Federal (Authority: 20 U.S.C. 7712) 8002 or section 8003 of the Act? fiscal year preceding the fiscal year for ■ 10. Section 222.16 is amended by * * * * * which the LEA seeks assistance. revising the section heading to read as (a) Except as provided in paragraphs (Authority: 20 U.S.C. 7705) follows: (b) and (d) of this section, on or before ■ January 31 of the fiscal year preceding 7. Section 222.6 is amended by: § 222.16 What information and the fiscal year for which the LEA seeks ■ A. In paragraph (a), adding ‘‘section’’ documentation must a local educational assistance under section 8002 or section before ‘‘8003’’. agency submit for an eligible overpayment 8003, the LEA must— ■ B. Revising paragraph (b). to be considered for forgiveness? (1) File with the Secretary a complete The revision reads as follows: * * * * * and signed application for payment ■ 11. Section 222.19 is amended by: under section 8002 or section 8003; and § 222.6 Which applications does the ■ A. Removing paragraphs (b)(3) and (5) * * * * * Secretary accept? and redesignating paragraph (b)(4) as (b) * * * * * * * * paragraph (b)(3). (2) Except as provided in paragraph (b) The Secretary does not accept or ■ B. Adding new paragraph (b)(4). (d) of this section, within 60 days after approve for payment any section 8002 ■ C. Revising paragraph (c). ■ the applicable event occurs but not later or section 8003 application that is not D. Adding paragraph (d). than September 30 of the fiscal year timely filed with the Secretary as The additions and revision read as preceding the fiscal year for which the described in paragraph (a) of this follows: LEA seeks assistance under section 8002 section, except as follows: § 222.19 What other statutes and or section 8003, the LEA must— regulations apply to this part? (i) File an application with the (1) The Secretary accepts and Secretary as permitted by paragraph approves for payment any otherwise * * * * * (b)(1) of this section; and approvable application filed within— (b) * * * (ii) File a copy of that application (i) 60 days from the application (4) 34 CFR part 84 (Governmentwide with its SEA. deadline established in § 222.3; or Requirements for Drug-Free Workplace (Financial Assistance)). (c)(1) * * * (ii) 60 days from the date of the (c) 2 CFR part 180, as adopted and (i) For an application subject to the Secretary’s written notice of an LEA’s amended as regulations of the filing deadlines in paragraph (a)(1) of failure to comply with the applicable Department in 2 CFR part 3485 (OMB this section, on or before February 15 of filing date. the fiscal year preceding the fiscal year Guidelines to Agencies on (2) The Secretary reduces the payment for which the LEA seeks assistance Governmentwide Debarment and for applications described in paragraph under section 8002 or section 8003; and Suspension (Nonprocurement)). (b)(1) of this section by 10 percent of the (d) 2 CFR part 200, as adopted in 2 * * * * * amount that would have been paid if the CFR part 3474 (Uniform Administrative § 222.4 [Amended] LEA had timely filed the application. Requirements, Cost Principles, and ■ 5. Section 222.4 is amended by: * * * * * Audit Requirements for Federal ■ A. In paragraph (a), removing ‘‘, or ■ 8. Section 222.12 is amended by Awards), for payments under sections mailed,’’ and removing the paragraph (a) revising paragraph (a) to read as follows: 8003(d) (payments for federally designation. connected children with disabilities), ■ B. Removing paragraphs (b) and (c). § 222.12 What overpayments are eligible 8007 (construction), and 8008 (school ■ 6. Section 222.5 is revised to read as for forgiveness under section 8012 of the facilities). Act? follows: * * * * * (a) The Secretary considers as eligible ■ 12. Section 222.22 is amended by § 222.5 When may a local educational for forgiveness under section 8012 of the agency amend its application? revising paragraphs (b)(1), (c), and (d) to Act (‘‘eligible overpayment’’) any read as follows: (a) An LEA may amend its application amount that is more than an LEA was following any of the events described in eligible to receive for a particular fiscal § 222.22 How does the Secretary treat § 222.3(b)(1) by submitting a written year under the Act, except for the types compensation from Federal activities for eligibility and payment purposes? request to the Secretary and a copy to of overpayments listed in § 222.13. its SEA no later than the earlier of the * * * * * * * * * * following events: (b) * * * (1) The 60th day following the ■ 9. Section 222.13 is revised to read as (1) The LEA received revenue during applicable event. follows: the preceding fiscal year that is
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generated directly from the eligible ■ 17. Section 222.36 is amended by: uses data from the most recent fiscal Federal property or activities in or on ■ A. Revising the section heading. year for which data that are satisfactory that property; and * * * ■ B. Revising paragraph (a) introductory to the Secretary are available. (c) If an LEA described in paragraph text. (Authority: 20 U.S.C. 7703(a) and (b)) (a) of this section received revenue ■ C. Revising paragraph (b). described in paragraph (b)(1) of this ■ D. Removing paragraph (d). ■ 19. Section 222.39 is amended by: section during the preceding fiscal year The revisions read as follows: ■ A. Revising paragraphs (a) that, when added to the LEA’s projected introductory text, (a)(1), (a)(2)(i), and total section 8002 payment for the fiscal § 222.36 How many federally connected (a)(2)(iii). children must a local educational agency year for which the LEA seeks assistance, ■ B. Revising paragraph (c). have to receive a payment under section ■ exceeds the maximum payment amount 8003? C. Adding an example after paragraph under section 8002(b) for the fiscal year (d)(6). (a) An LEA is eligible to receive a for which the LEA seeks assistance, the The revisions and addition read as payment under section 8003 for a fiscal Secretary reduces the LEA’s projected follows: year only if the total number of eligible section 8002 payment by an amount federally connected children for whom § 222.39 How does a State educational equal to that excess amount. agency identify generally comparable local (d) For purposes of this section, the it provided a free public education for the preceding fiscal year was— educational agencies for local contribution amount of revenue that an LEA receives rate purposes? * * * * * during the previous fiscal year from (a) To identify generally comparable activities conducted on Federal property (b) An LEA is eligible to receive a payment under section 8003 for a fiscal LEAs within its State for LCR purposes, does not include payments received by the State educational agency (SEA) for the agency from the Secretary of Defense year on behalf of federally connected children described in section that State, after appropriate consultation to support— with the applicant LEAs in the State, (1) The operation of a domestic 8003(a)(1)(F) or (G) only if the total shall use data from the third fiscal year dependent elementary or secondary number of those children for whom it preceding the fiscal year for which the school; or provided a free public education for the LCR is being computed to group all of (2) The provision of a free public preceding fiscal year was— its LEAs, including all applicant LEAs, education to dependents of members of (1) At least 1,000 in ADA; or as follows: the Armed Forces residing on or near a (2) At least 10 percent of the total (1) Grouping by grade span/legal military installation. number of children in ADA. classification alone. Divide all LEAs * * * * * * * * * * into groups that serve the same grade ■ 18. Section 222.38 is revised to read span and then subdivide the grade span Subpart C—Payments for Federally as follows: Connected Children Under Section groups by legal classification, if the 8003(b) of the Act. § 222.38 What is the maximum basic Secretary considers this classification support payment that a local educational relevant and sufficiently different from ■ 12. Subpart C is amended by revising agency may receive under section grade span within the State. As an the subpart heading to read as set forth 8003(b)(1)? alternative grade-span division, divide above. (a) The maximum basic support all LEAs into elementary, secondary, or ■ 13. Section 222.32 is amended by payment that an LEA may receive under unified grade-span groups, as revising the section heading to read as section 8003(b)(1) for any fiscal year is appropriate, within the State. follows: the sum of its total weighted student (2) Grouping by grade span/legal units under section 8003(a)(2) for the classification and size. (i) Divide all § 222.32 What information does the federally connected children eligible to LEAs into groups by grade span (or the Secretary use to determine a local be counted as the basis for payment, alternative grade-span groups described educational agency’s basic support in paragraph (a)(1) of this section) and payment? multiplied by the greater of the following: legal classification, if relevant and * * * * * (1) One-half of the State average per sufficiently different from grade span § 222.33 [Amended] pupil expenditure for the third fiscal and size. ■ year preceding the fiscal year for which * * * * * 14. Section 222.33 is amended by: (iii) Divide each group into either two ■ A. Removing the words ‘‘on or’’ in the LEA seeks assistance. subgroups or three subgroups. paragraph (a)(1). (2) One-half of the national average ■ B. Removing ‘‘, 7706’’ from the per pupil expenditure for the third fiscal * * * * * authority citation. year preceding the fiscal year for which (c) The LCR for a ‘‘significantly the LEA seeks assistance. impacted’’ LEA described in paragraph § 222.34 [Amended] (3) The local contribution rate (LCR) (b)(1) of this section is the LCR of any ■ 15. Section 222.34 is amended by based on generally comparable LEAs group in which that LEA would be removing ‘‘§ 222.5(b)(1)’’ in paragraph determined in accordance with included based on grade span/legal (b) and adding in its place ‘‘§ 222.5(b)’’. §§ 222.39–222.41. classification, size, location, or a (4) The State average per pupil combination of these factors, if the LEA § 222.35 [Amended] expenditure for the third preceding were not excluded as significantly ■ 16. Section 222.35 is amended by: fiscal year multiplied by the local impacted. ■ A. Removing the words ‘‘accept a contribution percentage as defined in (d) * * * parent-pupil survey form’’ in paragraph section 8013(8) of the Act for that same (6) * * * (a)(2) and adding in their place the year. Example. An LEA applies for words ‘‘accept an unsigned parent-pupil (b) If satisfactory data from the third assistance under section 8003 and survey form’’. preceding fiscal year are not available wishes to recommend to the Secretary ■ B. Removing ‘‘and 7706’’ from the for the expenditures described in an LCR based on generally comparable authority citation. paragraphs (a)(1) or (2), the Secretary LEAs within its State.
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1. Characteristics of Applicant LEA. (ii) Be raising either no local revenues dependent on the wealth of the The grade span of an applicant LEA is or an amount of local revenues the applicant LEA or its generally kindergarten through grade 8 (K–8). In Secretary determines to be minimal; or comparable LEAs. Examples of factors the applicant’s State, legal classification (2)(i) Be located in a State where State that may not be considered include of LEAs is based on grade span, and aid makes up no more than 40 percent special alternative curricular programs, thus does not act to further subdivide of the State average per pupil pupil-teacher ratio, and per pupil groups of LEAs. expenditure in the third fiscal year expenditures. The ADA of the applicant LEA is preceding the fiscal year for which the (2) The SEA applies the factor or above the median ADA of LEAs serving LCR is being computed; factors of general comparability only K–8 in the State. (ii) In its application, have federally identified under paragraph (d)(1)(i) of The applicant LEA is located outside connected children identified under this section in one of the following ways an MSA. section 8003(a)(1)(A)–(C) equal to at in order to identify 10 or more generally 2. Characteristics of Other LEAs least 20 percent of its total ADA; and comparable LEAs for the eligible Serving Same Grade Span. The SEA of (iii) In its application, have federally applicant LEA, none of which may be the applicant’s State groups all LEAs in connected children identified under significantly impacted LEAs: its State according to the factors in section 8003(a)(1)(A)–(G) who were (i) The SEA identifies all of the LEAs § 222.39. eligible to be counted as the basis for in the group to which the eligible a. The SEA identifies the following payment under section 8003 equal to at applicant LEA belongs under groups: least 50 percent of its total ADA. § 222.39(a)(2) that share the factor or (i) One hundred and one LEAs serve (b) If requested by an applicant LEA factors. If the subgroup containing the only K–8. The SEA has identified a described in paragraph (a) of this eligible applicant LEA includes at least group of 50 LEAs having an ADA above section, the SEA follows the procedures 10 other LEAs (excluding significantly the median ADA for the group of 101, in this section, in consultation with the impacted LEAs), it will be the eligible one LEA having an ADA at the median, LEA, to determine generally comparable applicant LEA’s new group of generally and a group of 50 LEAs having an ADA LEAs using additional factors for the comparable LEAs. The SEA computes below the median ADA; and according purpose of calculating and certifying an the LCR for the eligible applicant LEA to § 222.39(a)(2), the SEA considers 51 LCR for that LEA. using the data for all of the LEAs in the LEAs to have an ADA below the median (c) The SEA identifies— (1) The subgroup of generally subgroup except the eligible applicant ADA. LEA. (ii) Of the 101 LEAs in the group, the comparable LEAs from the group identified under § 222.39(a)(2) (grouping Example 1. An eligible applicant LEA SEA has identified a group of 64 LEAs contains a designated economically as being inside an MSA and a group of by grade span/legal classification and size) that includes the applicant LEA; or depressed area, and the SEA, in 37 LEAs as being outside an MSA. consultation with the LEA, identifies (iii) Among the group of 50 LEAs (2) For an LEA described in paragraph (a) of this section that serves a different ‘‘economically depressed area’’ as an having an ADA above the median, the additional factor of general SEA has identified a group of 35 LEAs span of grades from all other LEAs in its State (and therefore cannot match any comparability. From the group of LEAs as being inside an MSA and a group of under § 222.39(a)(2) that includes the 15 LEAs as being outside an MSA. group of generally comparable LEAs under § 222.39(a)(2)), for purposes of eligible applicant LEA, the SEA (iv) Among the group of 51 LEAs identifies two subgroups, those LEAs having an ADA at or below the median, this section only, a group using only legal classification and size as measured that contain a designated economically the SEA has identified a group of 29 depressed area and those that do not. LEAs as being inside an MSA and 22 by ADA. (d) From the subgroup described in The entire subgroup identified by the LEAs as being outside an MSA. SEA that includes the eligible applicant (v) One LEA has 20 percent of its paragraph (c) of this section, the SEA then identifies 10 or more generally LEA is that LEA’s new group of ADA composed of children identified generally comparable LEAs if it contains under section 8003(a)(1)(A)–(C) and, comparable LEAs that share one or more additional common factors of general at least 10 LEAs. therefore, must be excluded from any (ii) After the SEA identifies all of the group it falls within before the SEA comparability with the applicant LEA described in paragraph (a) of this LEAs in the group to which the eligible computes an LCR for the group. The applicant LEA belongs under LEA has an ADA below the median section, as follows: (1)(i) The SEA must consider one or § 222.39(a)(2) that share the factor or ADA and is located outside an MSA. more generally accepted, objectively factors, the SEA then systematically b. On the basis of § 222.41, the SEA defined factors that affect the orders by ADA all of the LEAs in the computes the LCR for each group of applicant’s cost of educating its group that includes the eligible generally comparable LEAs that the SEA children. Examples of such cost-related applicant LEA. The SEA may further has identified. factors include location inside or divide the ordered LEAs into subgroups ■ 20. Section 222.40 is revised to read outside an MSA, an unusually large by using logical division points (e.g., the as follows: geographical area or an economically median, quartiles, or standard § 222.40 What procedures does a State depressed area, sparsity of population, deviations) or a continuous interval of educational agency use for certain local and the percentage of its students who the ordered LEAs (e.g., a percentage or educational agencies to determine are from low-income families or who are a numerical range). If the subgroup generally comparable local educational children with disabilities, neglected or containing the eligible applicant LEA agencies using additional factors, for local delinquent children, low-achieving includes at least 10 other LEAs contribution rate purposes? children, or children with limited (excluding significantly impacted (a) To use the procedures in this English proficiency. LEAs), it will be the eligible applicant section, the applicant LEA, for the year (ii) The SEA may not consider cost- LEA’s new group of generally of application, must either— related factors that can be varied at the comparable LEAs. The SEA computes (1)(i) Be located entirely on Federal discretion of the applicant LEA or its the LCR for the eligible applicant LEA land; and generally comparable LEAs or factors using the data for all of the LEAs in the
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subgroup except the eligible applicant data used to identify the new group of (b)(1) As part of its section 8003 LEA. generally comparable LEAs. application, the LEA indicates in Example 2. An eligible applicant LEA (3) The Secretary reviews the data writing that it wishes to apply for an serves an unusually high percentage of submitted by the SEA, and accepts the ‘‘unusual geographic’’ payment and it children with disabilities, and the SEA, LCR for the purpose of use under will provide the Secretary with in consultation with the LEA, identifies section 8003(b)(1)(C)(iii) in determining documentation upon request that ‘‘proportion of children with the LEA’s maximum payment under demonstrates that the LEA is unable to disabilities’’ as an additional section 8003 if the Secretary determines provide a level of education equivalent comparability factor. From the group of that it meets the purposes and to that provided by its generally LEAs under § 222.39(a)(2) that includes requirements of the Act and this part. comparable LEAs because— the eligible applicant LEA, the SEA lists (Authority: 20 U.S.C. 7703(b)(1)(C)(iii)) (i) The applicant’s current the LEAs in descending order according ■ 21–22. Section 222.41 is amended by expenditures are affected by unusual to the percentage of children with geographic factors; and disabilities enrolled in each of the LEAs. revising the section heading, the (ii) As a result, those current The SEA divides the list of LEAs into introductory text, and paragraph (d) to expenditures are not reasonably four groups containing equal numbers of read as follows: comparable to the current expenditures LEAs. The group containing the eligible § 222.41 How does a State educational of its generally comparable LEAs. applicant LEA is that LEA’s new group agency compute and certify local (2) The LEA’s documentation must of generally comparable LEAs if it contribution rates based upon generally contains at least 10 LEAs. comparable local educational agencies? include— (i) A specific description of the (iii) The SEA may apply more than Except as otherwise specified in the unusual geographic factors on which the one factor of general comparability in Act, the SEA, subject to the Secretary’s applicant is basing its request for identifying a new group of 10 or more review and approval, computes and compensation under this section and generally comparable LEAs for the certifies an LCR for each group of objective data demonstrating that the eligible applicant LEA. If the subgroup generally comparable LEAs within its applicant is more severely affected by containing the eligible applicant LEA State that was identified using the includes at least 10 other LEAs the factors than any other LEA in its factors in § 222.39, and § 222.40 if (excluding significantly impacted State; appropriate, as follows: LEAs), it will be the eligible applicant (ii) Objective data demonstrating the LEA’s new group of generally * * * * * specific ways in which the unusual comparable LEAs. The SEA computes (d) The SEA certifies the resulting geographic factors affect the applicant’s the LCR for the eligible applicant LEA figure for each group as the LCR for that current expenditures so that they are not using the data from all of the LEAs in group of generally comparable LEAs to reasonably comparable to the current the subgroup except the eligible be used by the Secretary under section expenditures of its generally comparable applicant LEA. 8003(b)(1)(C)(iii) in determining the LEAs; LEA’s maximum payment amount Example 3. An eligible applicant LEA (iii) Objective data demonstrating the under section 8003. is very sparsely populated and serves an specific ways in which the unusual unusually high percentage of children * * * * * geographic factors prevent the applicant with limited English proficiency. The ■ 23. Section 222.43 is added to read as from providing a level of education SEA, in consultation with the LEA, follows: equivalent to that provided by its identifies ‘‘sparsity of population’’ and generally comparable LEAs; and ‘‘proportion of children with limited § 222.43 What requirements must a local (iv) Any other information that the English proficiency’’ as additional educational agency meet in order to be Secretary may require to make an comparability factors. From the group of eligible for financial assistance under eligibility determination under this LEAs under § 222.39(a)(2) that includes section 8003(b)(1)(F) due to unusual geographic features? section. the eligible applicant LEA, the SEA identifies all LEAs that are sparsely An LEA is eligible for financial (Authority: 20 U.S.C. 7703(b)(1)(F)) populated. The SEA further subdivides assistance under section 8003(b)(1)(F) if ■ 23–24. Section 222.44 is added to read the sparsely populated LEAs into two the Secretary determines that the LEA as follows: groups, those that serve an unusually meets all of the following high percentage of children with limited requirements— § 222.44 How does the Secretary English proficiency and those that do (a)(1) The LEA is eligible for a basic determine a maximum payment for local not. The subgroup of at least 10 sparsely support payment under section 8003(b), educational agencies that are eligible for including meeting the maintenance of financial assistance under section populated LEAs that serve a high 8003(b)(1)(F) and § 222.43? percentage of children with limited effort requirements in section 8003(g) of English proficiency is the eligible the Act; The Secretary determines a maximum applicant LEA’s new group of generally (2) The LEA timely applies for payment under section 8003(b)(1)(F) for comparable LEAs. assistance under section 8003(b)(1)(F) an eligible LEA, using data from the (e)(1) Using the new group of and meets all other requirements of third preceding fiscal year, as follows: generally comparable LEAs selected subparts A and C; (a) Subject to paragraph (b) of this under paragraph (d) of this section, the (3) The LEA is meeting the tax rate section, the Secretary increases the SEA computes the LCR for the eligible requirement in § 222.68(c) and the other eligible LEA’s local contribution rate applicant LEA according to the applicable requirements of §§ 222.68 (LCR) for section 8003(b) payment provisions of § 222.41. through 222.72; and purposes to the amount the Secretary (2) The SEA certifies the resulting (4) The LEA is not in a State that takes determines will compensate the LCR by submitting that LCR to the the LEA’s payment under section applicant for the increase in its current Secretary and providing the Secretary a 8003(b)(1)(F) into account in an expenditures necessitated by the description of the additional factor or equalization program that qualifies unusual geographic factors identified factors of general comparability and the under section 8009 of the Act. under § 222.43(b)(2).
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(b) The Secretary does not increase section 613 of the IDEA and 34 CFR part The revision reads as follows: the LCR under this section to an amount 300, subparts C and D. that is more than— (2) An LEA may not count a child § 222.53 What restrictions and requirements apply to the use of funds (1) Is necessary to allow the applicant with a disability described in paragraph provided under section 8003(d)? to provide a level of education (a) of this section who is placed in a equivalent to that provided by its private school by his or her parents, but * * * * * generally comparable LEAs; or that child may participate in public (c) * * * (1) Expenditures that are reasonably (2) The per pupil share for all school programs that use section related to the conduct of programs or children in ADA of the increased 8003(d) funds. current expenditures necessitated by the (c) An LEA may count infants and projects for the free appropriate public unusual geographic factors identified toddlers with disabilities described in education of, or early intervention under § 222.43, as determined by the paragraph (a) of this section if— services for, federally connected Secretary. (1) The LEA provides early children with disabilities, which may intervention services or FAPE to each of include— (Authority: 20 U.S.C. 7703(b)(1)(F)) (i) Program planning and evaluation; ■ those children— 25. Section 222.50 is revised to read (i) Either directly or through an and as follows: arrangement with another entity; and (ii) Construction of or alteration to (ii) The State does not charge a fee or existing school facilities, but only when § 222.50 What definitions apply to this in accordance with section 605 of the subpart? other out-of-pocket cost to the child’s parents under the State’s system of IDEA and when the Secretary authorizes In addition to the terms referenced or in writing those uses of funds. defined in § 222.2, the following payments on file with the Secretary * * * * * definitions apply to this subpart: required under 34 CFR 303.203(b)(1), Child with a disability as defined in 303.520, and 303.521, and there is no § 222.54 [Amended] other cost to the child’s parents (the 34 CFR 300.8. ■ Early intervention services as defined costs of premiums do not count as out- 29. Section 222.54 is amended by in 34 CFR 303.13. of-pocket costs); and adding ‘‘, and for early intervention Free appropriate public education or (2) Each of those children has an IFSP services,’’ in paragraph (b) following FAPE as defined in 34 CFR 300.17. or IEP (as appropriate). ‘‘all funds for programs’’. Individualized education program or (Authority: 20 U.S.C. 1400 et seq. and § 222.55 [Amended] IEP as defined in 34 CFR 300.22. 7703(d)) ■ Individualized family service plan or 30. Section 222.55 is amended by ■ IFSP as defined in 34 CFR 303.20. 27. Section 222.52 is amended by removing the phrase ‘‘part 300’’ and Infant or toddler with a disability as revising paragraph (b) to read as follows: adding, in its place, the phrase ‘‘parts defined in 34 CFR 303.21. 300 and 303’’. § 222.52 What requirements must a local ■ 31. Subpart E is revised to read as Infants, toddlers, and children with educational agency meet to receive a disabilities, for these regulations, means payment under section 8003(d)? follows: both a ‘‘child with a disability’’ as * * * * * Subpart E—Payments for Heavily Impacted defined in 34 CFR 300.8 and an ‘‘infant (b) Have in effect written IEPs or Local Educational Agencies Under Section or toddler with a disability’’ as defined IFSPs for all federally connected 8003(b)(2) of the Act in 34 CFR 303.21. children with disabilities it claims Sec. Related services as defined in 34 CFR under section 8003(d); and 222.60 What are the scope and purpose of 300.34. * * * * * this subpart? Special education as defined in 34 ■ 28. Section 222.53 is amended by: 222.61 What data are used to determine a CFR 300.39. ■ local educational agency’s eligibility A. In paragraph (a), removing the under section 8003(b)(2) of the Act? (Authority: 20 U.S.C. 1401, 1414, 1432, 1436, phrase ‘‘part 300’’ and adding in its 7703, 7705, 7713; 34 CFR parts 300 and 303) 222.62 How are local educational agencies place the phrase ‘‘parts 300 and 303’’. determined eligible under section ■ 26. Section 222.51 is revised to read ■ B. Revising paragraph (c)(1). 8003(b)(2)? as follows: ■ C. In paragraph (c)(2) introductory 222.63 When is a local educational agency text, adding ‘‘, and early intervention eligible as a continuing applicant for § 222.51 Which children may a local services for,’’ following the words payment under section 8003(b)(2)(B)? educational agency count for payment ‘‘public education of’’. 222.64 When is a local educational agency under section 8003(d) of the Act? ■ D. In paragraphs (c)(2)(i) and (ii), eligible as a new applicant for payment (a) An LEA may count children adding ‘‘, or early intervention services under section 8003(b)(2)(C)? described in sections 8003(a)(1)(A)(ii), 222.65 What other requirements must a for,’’ following the words ‘‘public local educational agency meet to be (a)(1)(B), (a)(1)(C), and (a)(1)(D) of the education of’’. eligible for financial assistance under Act who are eligible for services under ■ E. In paragraph (d)(2) introductory section 8003(b)(2)? the provisions of Part B or Part C of the text adding the phrase ‘‘and for early 222.66 How does a local educational agency Individuals with Disabilities Education intervention services’’ following lose and resume eligibility under section Act (20 U.S.C. 1400 et seq.) (IDEA), for ‘‘special education and related 8003(b)(2)? the purpose of computing a payment services’’. 222.67 How may a State aid program affect under section 8003(d) in accordance ■ F. In paragraph (d)(2)(i), adding the a local educational agency’s eligibility with the provisions of this section. phrase ‘‘and for early intervention for assistance under section 8003(b)(2)? (b)(1) An LEA may count a child with services’’ following ‘‘special education 222.68 How does the Secretary determine whether a fiscally independent local a disability described in paragraph (a) of and related services’’. educational agency meets the applicable ■ this section who attends a private G. In paragraph (d)(3), adding the tax rate requirement? school or residential program if the LEA phrase ‘‘and for early intervention 222.69 What tax rates does the Secretary has placed or referred the child in services’’ following ‘‘special education use if real property is assessed at accordance with the provisions of and related services’’. different percentages of true value?
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222.70 What tax rates does the Secretary one that received an additional are eligible to be counted for a section use if two or more different assistance payment under section 8003(b)(1) payment; or classifications of real property are taxed 8003(f) for fiscal year 2000 and that (ii) Federally connected children at different rates? meets eligibility requirements specified equal to at least 40 percent of the total 222.71 What tax rates may the Secretary use number of children in ADA if children if substantial local revenues are derived in § 222.63. from local tax sources other than real (b) An LEA that is eligible to apply for described in section 8003(a)(1)(F)–(G) property taxes? a ‘‘new’’ heavily impacted payment are not eligible to be counted for a 222.72 How does the Secretary determine under section 8003(b)(2)(C) is one that section 8003(b)(1) payment; and whether a fiscally dependent local did not receive an additional assistance (2)(i) If the LEA has a total ADA of educational agency meets the applicable payment under section 8003(f) for fiscal more than 350 children, tax rate requirement? year 2000 and that meets eligibility (A) A per pupil expenditure (PPE) 222.73 What information must the State requirements specified in § 222.64 for that is less than the average of the State educational agency provide? two consecutive application years. in which the LEA is located; and 222.74 How does the Secretary identify (B) A tax rate for general fund (Authority: 20 U.S.C. 7703(b)(2)) generally comparable local educational purposes equal to at least 95 percent of agencies for purposes of section 8003(b)(2)? § 222.63 When is a local educational the average tax rate of comparable LEAs 222.75 How does the Secretary compute the agency eligible as a continuing applicant identified in § 222.74 or of all LEAs in average per pupil expenditure of for payment under section 8003(b)(2)(B)? the applicant’s State; or generally comparable local educational A continuing heavily impacted LEA (ii) If the LEA has a total ADA of less agencies under this subpart? must have— than 350 children, 222.76–222.79 [Reserved] (a) The same boundaries as those of a (A) A PPE that is less than the average Federal military installation; PPE of one or three generally Subpart E—Payments for Heavily (b)(1) An enrollment of federally comparable LEAs identified in Impacted Local Educational Agencies connected children described in section § 222.74(b); and Under Section 8003(b)(2) of the Act 8003(a)(1) equal to at least 35 percent of (B) A tax rate equal to at least 95 the total number of children in average percent of the average tax rate of one or § 222.60 What are the scope and purpose three generally comparable LEAs of this subpart? daily attendance (ADA) in the LEA; (2) A per pupil expenditure (PPE) that identified in § 222.74(b); The regulations in this subpart is less than the average PPE of the State (b) The same boundaries as those of implement section 8003(b)(2) of the Act, in which the LEA is located or of all the a Federal military installation; or which provides financial assistance to States, whichever PPE is greater (except (c)(1) The same boundaries as island certain heavily impacted local that an LEA with a total student property held in trust by the Federal educational agencies (LEAs). The enrollment of less than 350 students government; specific eligibility requirements are (2) No taxing authority; and shall be determined to have met the PPE detailed in §§ 222.62 through 222.66. (3) Received a payment under section requirement); and 8003(b)(1) for fiscal year 2001. (Authority: 20 U.S.C. 7703(b)(2)) (3) A tax rate for general fund (Authority: 20 U.S.C. 7703(b)(2)) § 222.61 What data are used to determine purposes of at least 95 percent of the a local educational agency’s eligibility average tax rate of comparable LEAs § 222.65 What other requirements must a under section 8003(b)(2) of the Act? identified under § 222.74 or all LEAs in local educational agency meet to be eligible (a) Computations and determinations the applicant’s State; for financial assistance under section made with regard to an LEA’s eligibility (c)(1) An enrollment of federally 8003(b)(2)? under section 8003(b)(2) in §§ 222.61 connected children described in section Subject to § 222.66, an LEA described through 222.66 of these regulations are 8003(a)(1) equal to at least 30 percent of in § 222.63 or § 222.64 is eligible for based on the LEA’s final student, the total number of children in ADA in financial assistance under section revenue, expenditure, and tax data from the LEA; and 8003(b)(2) if the Secretary determines the third fiscal year preceding the fiscal (2) A tax rate for general fund that the LEA meets the following year for which it seeks assistance. purposes of at least 125 percent of the requirements: (b) Except for an LEA described in average tax rate of comparable LEAs (a) The LEA timely applies for § 222.64(a)(3)(ii), the LEAs used for identified under §§ 222.39–40 or of all assistance under section 8003(b)(2) and meeting the applicable tax rate LEAs in the applicant’s State; or meets all of the other application and requirement are the comparable LEAs (d) A total enrollment of at least eligibility requirements of subparts A that are identified in § 222.74 or all 25,000 students, of which at least 50 and C of these regulations. LEAs in the applicant’s State. percent are children described in (b) Except for an LEA described in (c) As used in this subpart, the phrase section 8003(a)(1) and at least 6,000 of § 222.63(a) or (d), or § 222.64(b) or (c), ‘‘tax rate for general fund purposes’’ such children are children described in the LEA meets the applicable tax rate means ‘‘local real property tax rates for section 8003(a)(1)(A) and (B). requirement in accordance with the current expenditures purposes’’ as (Authority: 20 U.S.C. 7703(b)(2)(B)) procedures and requirements of defined in § 222.2. ‘‘Current §§ 222.68 through 222.74. § 222.64 When is a local educational expenditures’’ is defined in section (Authority: 20 U.S.C. 7703(b)(2)) 8013(4) of the ESEA. agency eligible as a new applicant for payment under section 8003(b)(2)(C)? § 222.66 How does a local educational (Authority: 20 U.S.C. 7703(b)(2)) A new heavily impacted LEA must agency lose and resume eligibility under § 222.62 How are local educational have— section 8003(b)(2)? agencies determined eligible under section (a)(1)(i) Federally connected children (a) A continuing heavily impacted 8003(b)(2)? equal to at least 50 percent of the total LEA that fails to meet the eligibility (a) An LEA that is eligible to apply for number of children in average daily requirements in § 222.63 in any fiscal a ‘‘continuing’’ heavily impacted attendance (ADA) in the LEA if children year or a new heavily impacted LEA payment under section 8003(b)(2)(B) is described in section 8003(a)(1)(F)–(G) that received a section 8003(b)(2)
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payment but then fails to meet the qualifies to resume eligibility, it cannot the LEA applies and meets the eligibility requirements in § 222.64 will receive a heavily impacted payment but requirements. The LEA is not eligible to still receive a heavily impacted payment instead will receive a basic support receive a section 8003(b)(2) payment in in the first year of ineligibility, based on payment under section 8003(b)(1) for FFY 4 but is instead eligible for a the number of children in ADA that that year. section 8003(b)(1) payment (see would be counted for that application if Example: § 222.66(b)). In FFY 5, the LEA applies, the LEA were eligible. meets the requirements, and receives a CONTINUING LEA (b)(1) A continuing heavily impacted section 8003(b)(2) payment. The LEA LEA may resume eligibility for a heavily In Federal Fiscal Years (FFYs) 1 and not only must apply one year in impacted payment if it applies in the 2, a continuing LEA is eligible for a advance and meet the section 8003(b)(2) fiscal year preceding the year for which section 8003(b)(2) payment. In FFY 3, requirements (FFY 4) but it must apply it seeks eligibility and it meets the the LEA applies but is ineligible for and meet the requirements for the eligibility requirements in § 222.63 for section 8003(b)(2). However, it will still subsequent FFY (year 5). The effects of both fiscal years. receive a payment under section these requirements on a continuing (2) In the first fiscal year that a 8003(b)(2) for FFY 3 (a ‘‘hold harmless’’ applicant’s status and payments are continuing heavily impacted LEA payment under § 222.66(a)). For FFY 4, summarized in the table below.
CONTINUING LEAS
FFY 1 FFY 2 FFY 3 FFY 4 FFY 5
8003(b)(2) Eligibility ...... Yes ...... Yes ...... No ...... Yes ...... Yes Payment Type ...... (b)(2) ...... (b)(2) ...... (b)(2) Hold Harm- (b)(1) ...... (b)(2) less.
(c) A new heavily impacted LEA may payment in FFY 1 and it must apply and receive a payment under section resume eligibility for a heavily impacted meet the requirements again in FFY 2 8003(b)(2) in FFY 3 if it applies for such payment if it meets the eligibility before it can receive a (b)(2) payment payment (a ‘‘hold harmless’’ payment requirements in § 222.64 for the fiscal (see § 222.62(b)). If that new district is under § 222.66(a)). Then if the LEA year for which it seeks a payment. then ineligible for a year, it can regain applies in FFY 4 and meets the Example: eligibility only if it meets the applicable eligibility requirement under section criteria in a subsequent year. For 8003(b)(2), it is once again eligible to NEW LEA example, if a new LEA loses its section receive a section 8003(b)(2) payment A new LEA applies for a section 8003(b)(2) eligibility in FFY 3 because (see § 222.66(c)). The effects of these 8003(b)(2) payment and meets the its tax rate dropped to 94 percent of the requirements on a new applicant’s applicable eligibility criteria. The LEA average tax rate of comparable districts status and payments are summarized in does not receive a section 8003(b)(2) in the State, that LEA is still entitled to the table below.
NEW LEAS
FFY 1 FFY 2 FFY 3 FFY 4 FFY 5
8003(b)(2) Eligibility ...... Yes ...... Yes ...... No ...... Yes ...... Yes Payment Type ...... (b)(1) ...... (b)(2) ...... (b)(2) Hold Harm- (b)(2) ...... (b)(2) less.
(Authority: 20 U.S.C. 7703(b)(2)) § 222.68 How does the Secretary (2) Tax rates computed under determine whether a fiscally independent §§ 222.69–222.71. § 222.67 How may a State aid program local educational agency meets the affect a local educational agency’s applicable tax rate requirement? (c) The Secretary determines that an eligibility for assistance under section LEA described in §§ 222.63(b), 8003(b)(2)? (a) To determine whether a fiscally 222.63(c), or 222.64(a) meets the independent LEA, as defined in applicable tax rate requirement if— The Secretary determines that an LEA § 222.2(c), meets the applicable tax rate is not eligible for financial assistance requirement in §§ 222.63(b)(3), (1) The LEA’s tax rate is equal to at under section 8003(b)(2) if— 222.63(c)(2), and 222.64(a)(3), the least 95 percent (or 125 percent under Secretary compares the LEA’s local real 222.63(c)) of the average tax rate of its (a) The LEA is in a State that has an generally comparable LEAs; equalized program of State aid that property tax rate for current expenditure (2) Each of the LEA’s tax rates for each meets the requirements of section 8009; purposes, as defined in § 222.2(c) classification of real property is equal to and (referred to in this part as ‘‘tax rate’’ or ‘‘tax rates’’), with the tax rates of its at least 95 percent (or 125 percent under (b) The State, in determining the generally comparable LEAs. 222.63(c)) of each of the average tax LEA’s eligibility for or amount of State (b) For purposes of this section, the rates of its generally comparable LEAs aid, takes into consideration the portion Secretary uses— for the same classification of property; of the LEA’s payment under section (1) The actual tax rate if all the real (3) The LEA taxes all of its real 8003(b)(2) that exceeds what the LEA property in the LEA and its generally property at the maximum rates allowed would receive under section 8003(b)(1). comparable LEAs is assessed at the by the State, if those maximum rates (Authority: 20 U.S.C. 7703(b)(2)) same percentage of true value; or apply uniformly to all LEAs in the State
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and the State does not permit any rates § 222.71 What tax rates may the Secretary (3) Dividing the amount determined higher than the maximum; or use if substantial local revenues are derived in paragraph (b)(2) of this section by the (4) The LEA has no taxable real from local tax sources other than real amount determined in paragraph (b)(1) property taxes? property. of this section. (a) In a State in which a substantial (Authority: 20 U.S.C. 7703(b)(2)) (c) The Secretary performs the portion of revenues for current computations in paragraph (b) of this § 222.69 What tax rates does the Secretary expenditures for educational purposes section for each of the fiscally use if real property is assessed at different is derived from local tax sources other dependent generally comparable LEAs percentages of true value? than real property taxes, the State and the computations in §§ 222.68 educational agency (SEA) may request If the real property of an LEA and its through 222.71, whichever is that the Secretary take those revenues generally comparable LEAs consists of applicable, for each of the fiscally into account in determining whether an one classification of property but the independent generally comparable LEAs LEA in that State meets the applicable property is assessed at different and determines the average of all those tax rate requirement under § 222.68. tax rates. percentages of true value in the different (b) If, based upon the request of an LEAs, the Secretary determines whether SEA, the Secretary determines that it is (d) The Secretary determines that a the LEA meets the applicable tax rate appropriate to take the revenues fiscally dependent LEA described in requirement under § 222.68(c)(1) by described in paragraph (a) of this § 222.63(b) or § 222.64(a) meets the using tax rates computed by— section into account in determining applicable tax rate requirement if its (a) Multiplying the LEA’s actual tax whether an LEA in that State meets the imputed local tax rate is equal to at least rate for real property by the percentage applicable tax rate requirement under 95 percent of the average tax rate of its of true value assigned to that property § 222.68, the Secretary uses tax rates generally comparable LEAs. for tax purposes; and computed by— (e) The Secretary determines that a (b) Performing the computation in (1) Dividing the assessed value of fiscally dependent LEA described in paragraph (a) of this section for each of each classification of real property in § 222.63(c) meets the applicable tax rate its generally comparable LEAs and the LEA by the percentage of true value requirement if its imputed local tax rate determining the average of those assigned to that property for tax is equal to at least 125 percent of the computed tax rates. purposes and aggregating the results; average tax rate of its generally (Authority: 20 U.S.C. 7703(b)(2)) (2) Determining the LEA’s total comparable LEAs. revenues derived from local tax sources (Authority: 20 U.S.C. 7703(b)(2)) § 222.70 What tax rates does the Secretary for current expenditures (as defined in use if two or more different classifications section 8013); § 222.73 What information must the State of real property are taxed at different rates? (3) Dividing the amount determined educational agency provide? If the real property of an LEA and its in paragraph (b)(2) of this section by the The SEA of any State with an LEA generally comparable LEAs consists of amount determined in paragraph (b)(1) applying for assistance under section two or more classifications of real of this section; and 8003(b)(2) shall provide the Secretary property taxed at different rates, the (4) Performing the computations in with relevant information necessary to Secretary determines whether the LEA paragraphs (b)(1), (2), and (3) of this determine the PPE for all LEAs in the meets the applicable tax rate section for each of the generally State and whether the LEA meets the requirement under § 222.68(c)(1) or (2) comparable LEAs and then determining applicable tax rate requirement under by using one of the following: the average of those computed tax rates. this subpart. (a) Actual tax rates for each of the (Authority: 20 U.S.C. 7703(b)(2)) (Authority: 20 U.S.C. 7703(b)(2)) classifications of real property. § 222.72 How does the Secretary § 222.74 How does the Secretary identify (b) Tax rates computed in accordance determine whether a fiscally dependent with § 222.69 for each of the generally comparable local educational local educational agency meets the agencies for purposes of section classifications of real property. applicable tax rate requirement? 8003(b)(2)? (c) Tax rates computed by— (a) If an LEA is fiscally dependent, as (a) Except as otherwise provided in (1) Determining the total true value of defined in § 222.2(c), the Secretary paragraph (b) of this section, the all real property in the LEA by dividing compares the LEA’s imputed local tax Secretary identifies generally the assessed value of each classification rate, calculated under paragraph (b) of comparable LEAs for purposes of this of real property in the LEA by the this section, with the average tax rate of subpart in accordance with the local percentage of true value assigned to that its generally comparable LEAs, contribution rate procedures described property for tax purposes and calculated under paragraph (c) of this in §§ 222.39 through 222.40. aggregating the results; section, to determine whether the LEA meets the applicable tax rate (b) For applicant LEAs described in (2) Determining the LEA’s total § 222.64(a)(2)(ii) and (a)(3)(ii), to revenues derived from local real requirement. (b) The Secretary imputes a local tax identify the one or three generally property taxes for current expenditures comparable LEAs, the Secretary uses the (as defined in section 8013); rate for a fiscally dependent LEA by— (1) Dividing the assessed value of following procedures: (3) Dividing the amount determined (1) The Secretary asks the SEA of the in paragraph (c)(2) of this section by the each classification of real property within the boundaries of the general applicant LEA to identify generally amount determined in paragraph (c)(1) government by the percentage of true comparable LEAs in the State by first of this section; and value assigned to that property for tax following the directions in (4) Performing the computations in purposes and aggregating the results; § 222.39(a)(4), using data from the paragraphs (c)(1), (2), and (3) of this (2) Determining the amount of locally preceding fiscal year. The SEA then section for each of the generally derived revenues made available by the removes from the resulting list any comparable LEAs and then determining general government for the LEA’s LEAs that are significantly impacted, as the average of their computed tax rates. current expenditures (as defined in described in § 222.39(b)(1), except the (Authority: 20 U.S.C. 7703(b)(2)) section 8013); and applicant LEA.
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(2) If the remaining LEAs are not in (3) If it emails the hearing request, ■ B. In paragraph (c), removing the rank order by total ADA, the SEA lists send it to [email protected]. phrase ‘‘and Pub. L. 81–874’’ and ‘‘or them in that order. Note to paragraph (a): The Secretary payments under Pub. L. 81–874’’. (3) The LEA may then select as its encourages applicants requesting an generally comparable LEAs, for Impact Aid hearing to mail or email § 222.165 [Amended] purposes of section 8003(b)(2) only, one their requests. Because of enhanced ■ 39. Section 222.165 is amended in or three LEAs from the list that are security procedures, building access for paragraph (a)(1) by removing the closest to it in size as determined by non-official staff may be limited. number ‘‘30’’ and adding in its place the total ADA (i.e., the next one larger or the Applicants should be prepared to mail number ‘‘60’’. next one smaller, or the next three larger their hearing requests if they or their LEAs, the next three smaller, the next courier are unable to obtain access to § 222.175 [Amended] two larger and the next one smaller, or the building. ■ 40. Section 222.175 is amended by: the next one larger and the next two * * * * * ■ A. Removing paragraphs (a)(4) and (8) smaller). and redesignating paragraphs (a)(5) § 222.159 [Amended] (Authority: 20 U.S.C. 7703(b)(2)) through (7) as paragraphs (a)(4) through ■ 36. Section 222.159 is amended by (6), respectively. § 222.75 How does the Secretary compute removing the phrase ‘‘60 days’’ and ■ B. Redesignating paragraph (b) as the average per pupil expenditure of adding, in its place, the phrase ‘‘30 paragraph (c) and adding a new generally comparable local educational paragraph (b). agencies under this subpart? working days (as determined by the LEAs or State)’’. The addition reads as follows: For applicant LEAs described in ■ 37. Section 222.161 is amended by: § 222.64(a)(2)(ii), the Secretary ■ A. Revising paragraph (a)(1)(ii). § 222.175 What regulations apply to computes average per pupil ■ B. Removing paragraph (a)(1)(iii). recipients of funds under this program? expenditures (APPE) by dividing the ■ C. Revising paragraph (a)(5). * * * * * sum of the total current expenditures for ■ D. In paragraph (c), amending (b) The OMB Guidelines to Agencies the third preceding fiscal year for the paragraph (4) of the definition of on Governmentwide Debarment and identified generally comparable LEAs ‘‘current expenditures’’ by adding the Suspension (Nonprocurement) in 2 CFR by the sum of the total ADA of those word ‘‘or’’ after the semicolon. part 180, as adopted and amended as LEAs for the same fiscal year. ■ E. In paragraph (c), amending regulations of the Department in 2 CFR (Authority: 20 U.S.C. 7703(b)(2)) paragraph (5) of the definition of part 3485, and the Uniform ‘‘current expenditures’’ by removing the Administrative Requirements, Cost §§ 222.76–222.79 [Reserved] phrase ‘‘or under Pub. L. 81–874’’ and Principles, and Audit Requirements for removing ‘‘; or’’ and adding in its place Federal Awards in 2 CFR part 200, as Subpart F [Removed and Reserved] a period. adopted and amended in 2 CFR part ■ ■ 32. Subpart F, consisting of §§ 222.80 F. In paragraph (c), removing 3474. through 222.85, is removed and paragraph (6) of the definition of * * * * * reserved. ‘‘current expenditures’’. [FR Doc. 2015–14213 Filed 6–10–15; 8:45 am] The revisions read as follows: BILLING CODE 4000–01–P § 222.151 [Amended] § 222.161 How is State aid treated under ■ 33. Section 222.151 is amended by: section 8009 of the Act? ■ A. In paragraph (a), removing the (a) * * * DEPARTMENT OF COMMERCE phrase ‘‘or Pub. L. 81–874’’. (1) * * * ■ B. In paragraph (b)(1), removing the (ii) A State may not take into Patent and Trademark Office number ‘‘30’’ and adding in its place the consideration— number ‘‘60’’. (A) That portion of an LEA’s payment 37 CFR Parts 2 and 7 § 222.152 [Amended] that is generated by the portion of a [Docket No. PTO–T–2013–0027] weight in excess of one under section ■ 34. Section 222.152 is amended in 8003(a)(2)(B) of the Act (children RIN 0651–AC89 paragraphs (a)(1) and (c) by removing residing on Indian lands); the phrase ‘‘or Pub. L. 81–874’’ from (B) Payments under section 8003(d) of Changes in Requirements for each of those paragraphs. the Act (children with disabilities); or Collective Trademarks and Service ■ 35. Section 222.153 is amended by (C) The amount that an LEA receives Marks, Collective Membership Marks, revising paragraph (a) to read as follows: under section 8003(b)(2) that exceeds and Certification Marks § 222.153 How must a local educational the amount the LEA would receive if AGENCY: United States Patent and agency request an administrative hearing? eligible under section 8003(b)(1) and not Trademark Office, Commerce. section 8003(b)(2) (heavily impacted * * * * * ACTION: Final rule. (a)(1) If it mails the hearing request, LEAs). address it to the Secretary, c/o Director, * * * * * SUMMARY: The United States Patent and Impact Aid Program, Room 3E105, U.S. (5) A State may not take into Trademark Office (‘‘USPTO’’) is Department of Education, 400 Maryland consideration payments under the Act amending the rules related to collective Avenue SW., Washington, DC 20202– before its State aid program has been trademarks, collective service marks, 6244; certified by the Secretary. and collective membership marks (2) If it hand-delivers the hearing * * * * * (together ‘‘collective marks’’), and request, deliver it to the Director, Impact certification marks to clarify application Aid Program, Room 3E105, U.S. § 222.163 [Amended] requirements, allegations of use Department of Education, 400 Maryland ■ 38. Section 222.163 is amended by: requirements, multiple-class application Avenue SW., Washington, DC 20202– ■ A. In paragraph (a), removing the requirements, and registration 6244; or phrase ‘‘and Pub. L. 81–874’’. maintenance requirements for such
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marks. These rule changes codify collective service marks; and (2) www.uspto.gov/trademarks/law/Fr_ current USPTO practice set forth in the collective membership marks. 15 U.S.C. Notice_comments.jsp and are addressed USPTO’s ‘‘Trademark Manual of 1127. A collective trademark or below. Examining Procedure’’ (‘‘TMEP’’) and collective service mark is used by The following rules are amended: precedential case law. These changes members of a collective organization to §§ 2.2, 2.20, 2.22, 2.32–2.35, 2.41–2.42, also permit the USPTO to provide the identify and distinguish their goods or 2.44–2.45, 2.56, 2.59, 2.71, 2.74, 2.76, public more detailed guidance regarding services from those of nonmembers. 2.77, 2.86, 2.88–2.89, 2.146, 2.161, registering and maintaining registrations TMEP section 1303. By contrast, 2.167, 2.173, 2.175, 2.183, 2.193, 7.1, for these types of marks and promote collective membership marks are used and 7.37. the efficient and consistent processing by members of a collective organization Part 2: Rules of Practice in Trademark of such marks. Further, the USPTO is to indicate membership in the collective Cases amending several rules beyond those membership organization. TMEP section related to collective marks and 1304.02. Rules Applicable to Trademark Cases certification marks to create consistency Certification marks are used by The USPTO is amending § 2.2, with rule changes regarding such marks authorized users to indicate the regarding definitions, and adding terms and to streamline the rules, by following: (1) goods or services have to this section to enable the deletion of consolidating text and incorporating been certified as to quality, materials, or repetitious wording in the rules headings, for easier use. mode of manufacture; (2) goods or wherever possible. Specifically, § 2.2(h) DATES: This rule is effective on July 11, services have been certified to originate is amended to clarify that the definition 2015. in a specific geographic region; and/or of ‘‘international application’’ is limited (3) the work or labor on goods or for FOR FURTHER INFORMATION CONTACT: to an application seeking an extension services was certified to have been of protection of an international Cynthia Lynch, Office of the Deputy performed by a member of a union or Commissioner for Trademark registration in an initial designation. other organization, or to certify that the Also, § 2.2(i) through (n) is added to set Examination Policy, at (571) 272–8742 performer meets certain standards. or [email protected]. forth the following new definitions: TMEP section 1306.01. A certification subsequent designation; holder; use in SUPPLEMENTARY INFORMATION: mark is similar to a collective trademark commerce or use of the mark in Executive Summary: Purpose: As or collective service mark except that commerce; bona fide intention to use noted above, the revised rules benefit the users are not members of a collective the mark in commerce; bona fide the public by providing more organization. See TMEP section intention, and is entitled, to exercise comprehensive and specific guidance 1306.09(a). That is, a collective legitimate control over the use of the regarding registering collective marks trademark or collective service mark is mark in commerce; and verified and certification marks. The current used by members of an organization statement, verify, verified, or rules incorporate by reference the who meet the collective organization’s verification. trademark and service mark application standards of admission, while a rules; however, wording in the certification mark is used by parties Declarations trademark and service mark application whose products or services meet the The USPTO is revising § 2.20, rules sometimes may not be specifically certifying organization’s established regarding declarations in lieu of oaths, suited to collective and certification standards. as follows: in the introductory text, mark applications. Therefore, the Summary of Major Provisions: As delete ‘‘verification’’ to correspond with USPTO is revising the rules in parts 2 stated above, the USPTO is revising the the definition of that term in § 2.2(n), and 7 of title 37 of the Code of Federal rules in parts 2 and 7 of title 37 of the and add the term ‘‘declaration;’’ in the Regulations to codify current USPTO Code of Federal Regulations to codify second paragraph delete ‘‘undersigned’’ practice in TMEP sections 1302, 1303 et current USPTO practice in TMEP and replace it with ‘‘signatory’’ and seq., 1304, and 1306, and to state clearly sections 1302, 1303 et seq., 1304, and delete ‘‘document’’ and replace it with and provide sufficient detail regarding 1306, and to state clearly, and provide ‘‘submission.’’ the requirements for collective and additional detail regarding, the certification mark applications. The requirements for collective and Application for Registration USPTO is also harmonizing registration certification mark applications, as well The USPTO is amending § 2.22(a)(8) maintenance requirements with as to harmonize registration to delete the language ‘‘and at http:// application requirements where maintenance requirements with www.uspto.gov’’ to codify current appropriate. application requirements where USPTO practice that the identification Further, rule changes beyond those appropriate. Further, the USPTO is in a TEAS Plus application must be related to collective marks and revising additional rules within these selected from the USPTO’s ‘‘U.S. certification marks provide consistency parts for consistency and clarity. Acceptable Identification of Goods and with changes made regarding those Costs and Benefits: This rulemaking is Services Manual’’ available in the TEAS marks and streamline the rules, by not economically significant under Plus application form. consolidating text and incorporating Executive Order 12866 (Sept. 30, 1993). The USPTO is amending the rule title headings, for easier use. of § 2.32 to ‘‘Requirements for a To provide additional context for the Proposed Rule and Request for complete trademark or service mark ensuing discussion of the amended and Comments application.’’ In addition, § 2.32(f) is revised rules regarding collective marks The proposed rule was published in added to cross-reference § 2.44 for the and certification marks, the following is the Federal Register on February 20, requirements for collective mark a brief description of those types of 2014, at 79 FR 9678, and in the Official applications, and § 2.32(g) is added to marks. Gazette on April 8, 2014. The USPTO cross-reference § 2.45 for the There are two types of collective received comments from two requirements for certification mark marks as defined by section 45 of the intellectual property organizations. applications. Trademark Act of 1946, as amended These comments are posted on the The USPTO is revising § 2.33, (‘‘the Act’’): (1) collective trademarks or USPTO’s Web site at http:// regarding verified statements for
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trademarks or service marks, to ensure Response: The commenter’s under 15 U.S.C. 1052(f). In addition, the language corresponds with other suggestion is adopted. The language in § 2.41(a)(1), (c)(1), and (d)(1) add the rules, including the definitions in § 2.2. the current rule has always been term ‘‘active’’ to clarify and codify Section 2.33 is also revised as follows: interpreted as including a presumption current USPTO practice, see TMEP amend the rule title to ‘‘Verified that an applicant’s use or bona fide section 1212.04(d), that evidence of statement for a trademark or service intent is continuous after filing an distinctiveness must be based on mark;’’ revise § 2.33(e)(1) to include application; thus, the current language ownership of an active prior registration language similar to the current rule, is acceptable and sufficient to on the Principal Register or under the ‘‘that the U.S. Congress can regulate on incorporate that presumption. Thus, the Trademark Act of 1905. Further, or in connection with the goods or USPTO will retain ‘‘was in use in § 2.41(a)(1) and (d)(1) clarify that such services specified in the international commerce’’ in § 2.34(a)(1)(i) and ‘‘had a registration must be for goods or application/subsequent designation;’’ bona fide intention’’ in § 2.34(a)(2), services sufficiently similar to those in revise § 2.33(e)(3), to correspond with (a)(3)(i), and (a)(4)(ii). In addition, the application, and § 2.41(c)(1) adds § 2.33(e)(1), and to amend ‘‘international § 2.33(c), § 2.44(b), and § 2.45(b) are that the nature of the collective application/registration’’ to revised to correspond with the changes membership organization must be ‘‘international application/subsequent made to these subsections. sufficiently similar to the collective designation;’’ and add § 2.33(f) to set The USPTO is revising § 2.35, membership organization in the forth the type of verified statement regarding adding, deleting, or application, such that these required for concurrent use applications substituting bases, to include the requirements in § 2.41(a)(1), (d)(1), and under § 2.42. Further, in response to a requirements for collective marks and (c)(1) codify precedential case law and comment submitted regarding certification marks for consistency with current USPTO practice. See In re Dial- § 2.34(a)(1)(i), the USPTO is amending revisions made to § 2.44(c). Specifically, A-Mattress Operating Corp., 240 F.3d § 2.33(c) slightly for purposes of § 2.35 is amended as follows: in 1341, 1347, 57 USPQ2d 1807, 1812 consistency with § 2.34(a)(1)(i), (a)(2), § 2.35(b)(1), add cross-references to (Fed. Cir. 2001), In re Rogers, 53 (a)(3)(i), and (a)(4)(ii); § 2.44(b); and § 2.44 and § 2.45 for requirements for a USPQ2d 1741, 1744 (TTAB 1999), § 2.45(b). new basis in a collective or certification TMEP sections 1212.04(c), 1212.09(a). The USPTO is amending § 2.34, mark application; in § 2.35(b)(6), add Lastly, § 2.41(e) excludes from § 2.41(d) regarding filing bases for trademark or ‘‘or collective membership geographic matter in certification marks organization’’ to indicate which goods, service mark applications, to ensure the certifying regional origin, because 15 services, or organization the added or language corresponds with other rules, U.S.C. 1052(e)(2) does not apply to such substituted basis will apply; in including the new definitions in § 2.2; terms. See TMEP section 1306.02. § 2.35(b)(7), add ‘‘or collective Comment: One commenter suggested to delete the definition of ‘‘commerce’’ membership organization’’ to indicate that § 2.41(e) be revised to clarify further in current § 2.34(c) as redundant of which goods, services, or organization that, although geographic indications section 45 of the Act; and to correct a were covered by the deleted basis; and are considered certification marks, typographical error. Further, the rule in § 2.35(b)(8), add text to clarify that an § 2.41(d) does not apply to geographic title is amended to ‘‘Bases for filing a applicant may not amend an application indications of origin. The commenter trademark or service mark application.’’ to seek both sections 1(b) and 1(a) of the suggested revising § 2.41(e) as follows: Section 2.34(a)(1)(iv) is also amended to Act for identical goods or services or the ‘‘Paragraph (d) does not apply to delete ‘‘actually’’ as a redundant term same collective membership geographical matter in a certification for consistency with amendments to organization. mark certifying regional origin because § 2.56(b)(2) and (c) regarding specimens, The USPTO is revising § 2.41, section 2(e)(2) of the Act does not apply § 2.76(b)(2) regarding amendments to regarding proof of distinctiveness under to certification marks that are allege use, and § 2.88(b)(2) regarding section 2(f) of the Act, to specify the indications of regional origin.’’ statements of use. Lastly, § 2.34(b)(1)–(3) type of proof required to establish such Response: The USPTO agrees with is revised by condensing the text in a claim for trademarks, service marks, this further clarification and adopts the § 2.34(b), and adding the title ‘‘More collective marks, and certification commenter’s suggestion. than one basis.’’ marks, and to make other changes The USPTO is revising § 2.42, Comment: One commenter noted that, consistent with current USPTO practice. regarding concurrent use requirements, in § 2.34(a)(1)(i) where the verification Specifically, § 2.41 is revised as follows: to incorporate requirements for is not filed with the initial application, in § 2.41(a), add the title ‘‘For a collective marks and certification marks, that rule appeared to require an trademark or service mark’’ and set forth as well as to make other changes applicant to aver that the mark ‘‘has in § 2.41(a)(1)–(3) most of the current consistent with current USPTO practice. been’’ in continuous use as of the text in existing § 2.41; and in § 2.41(b), Specifically, the USPTO is adding application filing date; that is, when add the title ‘‘For a collective trademark § 2.42(a) to require an application for subsequently filing the verified or collective service mark’’ and set forth registration for lawful concurrent use to statement, a declarant must affirm that in § 2.41(b)(1)–(3) the requirements for assert use in commerce in accordance the mark is in use as of the initial collective trademarks or collective with current USPTO practice, see TMEP application filing date and has been in service marks. The following is also section 1207.04(b), and the USPTO’s continuous use from that date until the added to § 2.41: in § 2.41(c), set forth the ‘‘Trademark Trial and Appeal Board date the verification is submitted. The requirements for collective membership Manual of Procedure’’ section 1101.01, commenter suggested retaining the marks; and in § 2.41(d), set forth the and that such application be for a mark language in the current rule and using requirements for certification marks. seeking registration on the Principal ‘‘was in use in commerce as of the Further, additional revisions in § 2.41 Register under the Act, in accordance application filing date.’’ The commenter are added to correspond with the new with current § 2.99(g), and include all similarly noted that this comment definitions in § 2.2 and to include relevant application requirements, applies to the subsections relating to subsections with subheadings that set including § 2.44 for collective marks or applications filed under section 1(b) or forth the three types of proof that can be § 2.45 for certification marks, if 44 of the Act. submitted to establish distinctiveness applicable. In addition, § 2.42(b) is
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added to enumerate the additional revised to clarify that an applicant may specified in the international requirements for concurrent use claim more than one filing basis in a application/subsequent designation.’’ applications set forth in the existing collective membership mark Finally, in response to a comment second sentence of current § 2.42 and to application. submitted regarding § 2.34(a)(1)(i), the modify such text to incorporate the The USPTO is revising § 2.45, USPTO is further amending § 2.45(b) to requirements for collective marks and regarding certification marks, to include correspond with slight changes to certification marks. Further, § 2.42(c) is all requirements for a certification mark § 2.33(c); § 2.34(a)(1)(i), (a)(2), (a)(3)(i), added to cross-reference current § 2.73, application in one rule, and to be and (a)(4)(ii); and § 2.44(b). pertaining to amending an application consistent with the formatting of § 2.44 Specimens to recite concurrent use, and § 2.42(d) is for collective mark application The USPTO is amending § 2.56(b)(2) added to cross-reference current § 2.99, requirements. Specifically, § 2.45 is and (c), regarding specimens, to delete pertaining to concurrent use revised as follows: in § 2.45(a), the term ‘‘actually’’ as a redundant term proceedings at the Trademark Trial and enumerate the application requirements and for consistency with similar Appeal Board. for a certification mark, incorporating amendments to § 2.34(a)(1)(iv), The USPTO is revising § 2.44, the relevant application requirements § 2.76(b)(2), § 2.88(b)(2), and § 2.161(g). regarding collective marks, to include from current § 2.32, regarding the Additionally, § 2.56(b)(5) is amended to requirements for a complete trademark all requirements for a collective mark delete ‘‘to certify’’ and replace it with application in one rule. Specifically, or service mark application, current ‘‘to reflect certification of.’’ Lastly, § 2.44 is revised as follows: in § 2.44(a), § 2.45, and current USPTO practice, see § 2.56(d)(3), regarding bulky specimens, enumerate the application requirements TMEP sections 1306.06 et seq.; and in is revised as follows: ‘‘In the absence of for a collective mark, incorporating the § 2.45(b), specify the requirements for a non-bulky alternatives, another relevant application requirements from verified statement that was not filed appropriate medium may be designated current § 2.32, regarding the within a reasonable time after signing or as acceptable by the Office.’’ requirements for a complete trademark was omitted from the application to Comment: One commenter suggested or service mark application, current correspond primarily with § 2.33(c) and that § 2.56(d)(3), pertaining to bulky § 2.44, and current USPTO practice, see § 2.34(a)(1)(i), (a)(2), (a)(3)(i), and specimens, be revised to omit references TMEP sections 1303.02 et seq. for (a)(4)(ii) and § 2.44(b). In addition, the to specific forms of media because of the collective trademarks and collective following is added to § 2.45: in § 2.45(c), rapid evolution of technology related to service marks, and TMEP section specify the requirements for claiming such media and to minimize future 1304.08(c)–(f) for collective membership more than one filing basis in the amendments to this rule. The marks; and in § 2.44(b), specify the application to correspond with § 2.34(b) commenter suggested revising this rule requirements for a verified statement and § 2.44(c); in § 2.45(d), specify the to ‘‘In the absence of non-bulky that was not filed within a reasonable requirements for the verification in a alternatives, the Office may accept a time after signing or was omitted from concurrent use application to specimen of use in any appropriate the application to correspond primarily correspond with § 2.33(f) and § 2.44(d); medium.’’ with § 2.33(c) and § 2.34(a)(1)(i), (a)(2), in § 2.45(e), cross-reference the Response: The USPTO agrees that (a)(3)(i), and (a)(4)(ii). In addition, the multiple-class application requirements technology related to data storage media following is added to § 2.44: in § 2.44(c), rule in § 2.86 for consistency with is rapidly evolving and that listing specify the requirements for claiming § 2.32(e) and § 2.44(e); and in § 2.45(f), specific types of media could require more than one filing basis in the prohibit a single application from amendment to this rule at a subsequent application to correspond with § 2.34(b); including both a certification mark and date. Thus, the USPTO is revising in § 2.44(d), specify the requirements for another type of mark, because the § 2.56(d)(3) to omit references to specific the verification in a concurrent use USPTO’s databases preclude capturing forms of media and to state that, in the application to correspond with § 2.33(f); different legal requirements for multiple absence of non-bulky alternatives, and in § 2.44(e), cross-reference the types of marks in a single application, another appropriate medium may be multiple-class application requirements and also prohibit the registration of the designated as acceptable by the USPTO. rule in § 2.86 for consistency with same mark for the same goods and/or The USPTO is amending § 2.59, § 2.32(e). Further, § 2.44 is revised to services as both a certification mark and regarding substitute specimens, to correspond with the new definitions in another type of mark, in accordance change existing text to ‘‘verified § 2.2. Also, the rule title is amended to with sections 4 and 14(5)(B) of the Act statement’’ to correspond with § 2.2(n). ‘‘Requirements for a complete collective and current USPTO practice, see TMEP Additionally, § 2.59(a) and (b) are mark application’’ for consistency with section 1306.05(a). Further, § 2.45 is amended to reference substitute the rule title of § 2.32 regarding revised to correspond with the new specimens for a collective membership trademark and service mark application definitions in § 2.2. Also, the rule title mark. requirements. Further, § 2.44(a)(4)(v) is is amended to ‘‘Requirements for a slightly revised, to correspond with complete certification mark application; Amendment of Application § 2.33(e)(1), to amend the language to restriction on certification mark The USPTO is amending § 2.71(a), include ‘‘that the U.S. Congress can application’’ for consistency with the regarding amendments to the regulate on or in connection with the rule title of § 2.32 regarding trademark identification of goods and/or services, goods or services specified in the and service mark application to reference amending the description of international application/subsequent requirements and § 2.44 regarding the nature of a collective membership designation.’’ Additionally, in response collective mark application mark. In addition, § 2.71(b)–(d) is to a comment submitted regarding requirements. Additionally, amended to change existing text to § 2.34(a)(1)(i), the USPTO is further § 2.45(a)(4)(v)(B) is slightly revised, to correspond with § 2.2(n). Further, amending § 2.44(b) to correspond with correspond with § 2.33(e)(1), to amend § 2.71(e) is added to set forth that an slight changes to § 2.33(c); § 2.34(a)(1)(i), the language to include ‘‘that the U.S. amendment that would materially alter (a)(2), (a)(3)(i), and (a)(4)(ii); and Congress can regulate on or in a certification statement pursuant to § 2.45(b). Finally, § 2.44(c) is further connection with the goods or services § 2.45(a)(4)(i)(A) and (a)(4)(ii)(A), is not
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permitted, which is consistent with reasonable time,’’ and include the text providing a fee, dates of use, and a § 2.173(f) regarding such amendments from current § 2.76(i) and change specimen for each class based on use in after registration. existing text to ‘‘verified statement’’ to commerce or a bona fide intent The USPTO is amending § 2.74(b), correspond with § 2.2(n); in § 2.76(h), statement for each class based on regarding the form and signature of an add the title ‘‘An amendment to allege section 1(b), 44, or 66(a) of the Act; and amendment, to change existing text to use is not a response but may include in § 2.86(c), amend to include the text cross-reference the definition of amendments,’’ include slightly revised in the last sentence of current ‘‘verification’’ in § 2.2(n). text from the last sentence of current § 2.86(a)(3) regarding an applicant not The USPTO is amending § 2.77(a)(1), § 2.76(f), and clarify that an amendment claiming both section 1(a) and 1(b) of regarding permissible amendments to allege use may include amendments the Act for identical goods or services in submitted between a notice of in accordance with § 2.59 and § 2.71 a single application. In addition, the allowance and the filing of a statement through § 2.75; in § 2.76(i), specify the following is added to § 2.86: in § 2.86(d), of use, to include deletion of the entire requirements for the verification in a restrict a single application based on identification for a collective concurrent use application under § 2.42; section 1 or 44 of the Act from including membership mark. and in § 2.76(j), add the title ‘‘Multiple- goods or services in U.S. Classes A and/ The USPTO is amending § 2.76, class application.’’ Additionally, the or B and either goods or services in any regarding amendments to allege use, to USPTO is further amending § 2.76(g) for international class or with a collective include the relevant requirements for consistency with revisions made in membership organization in U.S. Class collective marks and certification marks, response to a comment to § 2.34(a)(1)(i) 200, and restrict a single application and to be consistent with § 2.88 for regarding bases for filing a trademark or based on section 66(a) of the Act from statements of use. Specifically, § 2.76 is service mark application and to include including goods, services, or a collective amended as follows: in § 2.76(a), add the relevant statement for collective membership organization in any the title ‘‘When to file an amendment to marks and certification marks. Finally, international class, for consistency with allege use;’’ in § 2.76(a)(1) and (a)(2), the USPTO is further amending § 2.76(i) § 2.45(f); in § 2.86(e), add the text from include most of the text from current slightly for consistency with revisions current § 2.86(b) regarding multiple- § 2.76(a) and (c), except amend the made to § 2.88(i) for a statement of use class requirements for amendments to language in the last sentence of current after a notice of allowance. allege use and statements of use; and in § 2.76(a)(1) regarding the USPTO § 2.86(f), add the text in current § 2.86(c) Classification returning an untimely filed amendment regarding issuing a single registration to allege use to indicate that under The USPTO is amending § 2.86, certificate for multiple-class current practice the USPTO will not regarding multiple-class application applications. review such an amendment, see TMEP requirements, to include the section 1104.03(b)-(c), and the last requirements for collective marks and Post Notice of Allowance sentence in current § 2.76(c), which is certification marks, and to make other The USPTO is amending § 2.88, slightly amended and moved to changes consistent with current USPTO regarding statements of use, to include § 2.76(b)(1)(iii); in § 2.76(b), add the title practice. Specifically, § 2.86 is amended the relevant requirements for collective ‘‘A complete amendment to allege use’’ as follows: set forth the rule title as marks and certification marks, and to be and include in § 2.76(b)(1)-(5) the text ‘‘Multiple-class applications;’’ in consistent with § 2.76 for amendments from current § 2.76(b) and (c) and the § 2.86(a), set forth the requirements for to allege use. Specifically, § 2.88 is requirements for collective marks and a single trademark, service mark, and/or amended as follows: set forth the rule certification marks, and in § 2.76(b)(6), collective mark application for multiple title as ‘‘Statement of use after notice of require the title ‘‘Amendment to Allege classes, clarifying that such an allowance;’’ in § 2.88(a), add the title Use’’ at the top of the first page of the application must satisfy either the ‘‘When to file a statement of use;’’ in document for those documents not filed trademark or service mark application § 2.88(a)(1), include most of the text using the Trademark Electronic requirements in § 2.32 or the collective from current § 2.88(a), except delete the Application System (TEAS); in § 2.76(c), mark application requirements in § 2.44, language regarding the USPTO returning add the title ‘‘Minimum filing in addition to providing the applicable a premature statement of use filed prior requirements for a timely filed goods, services, or nature of the to issuance of a notice of allowance amendment to allege use’’ and include collective membership organization in because under current practice the the text from current § 2.76(e) and each appropriate international or U.S. USPTO will not return or review it, see change existing text to ‘‘verified class, and providing a fee, dates of use, TMEP section 1109.04; in § 2.88(a)(2), statement’’ to correspond with § 2.2(n); and a specimen for each class based on include most of the text from current in § 2.76(d), add the title ‘‘Deficiency use in commerce or a bona fide intent § 2.88(c), except for the last sentence notification’’ and include the text from statement for each class based on which is slightly amended and moved current § 2.76(g); in § 2.76(e), add the section 1(b), 44, or 66(a) of the Act; in to § 2.88(b)(1)(iii); in § 2.88(b), add the title ‘‘Notification of refusals and § 2.86(b), set forth the requirements for title ‘‘A complete statement of use,’’ requirements’’ and include most of the a single certification mark application include in § 2.88 (b)(1)-(3) the text from text from current § 2.76(f), except the for goods and services, clarifying that current § 2.88(b), in § 2.88(b)(1)(iii) second to last sentence regarding the such multiple-class application must additionally include most of the last USPTO providing notification of satisfy the certification mark application sentence from current § 2.88(c), in acceptance of an amendment to allege requirements in § 2.45, in addition to § 2.88(b)(1)(iv) additionally include the use because current practice is that a identifying the applicable goods and text from current § 2.88(i)(1)-(2), in notice of approval for publication services in each appropriate U.S. class § 2.88 (b)(6) require the title ‘‘Statement provides such notice, and the last for applications filed under section 1 or of Use’’ at the top of the first page of the sentence which is slightly amended and 44 of the Act or in the international document for those documents not filed moved to § 2.76(h); in § 2.76(f), add the classes assigned by the World using the TEAS, and in § 2.88(b) title ‘‘Withdrawal’’ and include the text Intellectual Property Organization’s incorporate the requirements for from current § 2.76(h); in § 2.76(g), add International Bureau for applications collective marks and certification marks the title ‘‘Verification not filed within filed under section 66(a) of the Act, and and change text to ‘‘verified statement’’
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to correspond with § 2.2(n); in § 2.88(c), application to concurrent use and the records are updated to show the add the title ‘‘Minimum filing jurisdictional requirements under 15 registration as cancelled or expired, to requirements for a timely filed U.S.C. 1052(d) for concurrent use. In ensure that all interested parties will be statement of use,’’ include the text in addition, the USPTO is amending able to accurately determine the current § 2.88(e), and change text to § 2.76(i) and § 2.88(i) slightly to clarify deadline for filing a petition under these ‘‘verified statement’’ to correspond with that an allegation of use must include a circumstances. § 2.2(n); in § 2.88(d), add the title modified verified statement if the Cancellation for Failure To File ‘‘Deficiency notification’’ and include application is amended to concurrent Affidavit or Declaration the text from current § 2.88(g), except use under § 2.73. for the last sentence; in § 2.88(e), add The USPTO is amending § 2.89, The USPTO is amending § 2.161, the title ‘‘Notification of refusals and regarding submitting a request for an regarding affidavits or declarations of requirements’’ and include the text from extension of time to file a statement of use in commerce or excusable nonuse current § 2.88(f), except delete the use (‘‘extension request’’), to include the under section 8 of the Act, to include language regarding the USPTO relevant requirements for collective the relevant requirements for collective providing notification of acceptance of a marks and certification marks, as well as marks and certification marks, to change statement of use because the registration to make other changes consistent with text to correspond with § 2.2, and to certificate provides such notice; in current USPTO practice. Section 2.89 is make other changes consistent with § 2.88(f), add the title ‘‘Statement of use amended as follows: in § 2.89(a), add current USPTO practice. Section may not be withdrawn’’ and include the the title ‘‘First extension request after 2.161(g) is revised to cross-reference text in the last sentence of current issuance of notice of allowance;’’ in current § 2.56 regarding specimens and § 2.88(g); in § 2.88(g), add the title § 2.89(a)(3), change text to ‘‘verified delete § 2.161(g)(1)–(3), as similar ‘‘Verification not filed within reasonable statement’’ to correspond with § 2.2(n), language appears in current § 2.56. time,’’ include the text from current and incorporate the requirements for Section 2.161(h) is revised to § 2.88(k), and change existing text to collective marks and certification marks; incorporate the language from current ‘‘verified statement’’ to correspond with in § 2.89(b), add the title ‘‘Subsequent § 2.161(h)(1) into § 2.161(h) and to § 2.2(n); in § 2.88(h), add the title extension requests’’ and a cross- delete current § 2.161(h)(2)–(3), because ‘‘Amending the application,’’ include reference in § 2.89(b)(2) to § 2.89(a)(2), the sunset provision in § 2.161(h)(2)–(3), the text from the second to last sentence as the fee requirements are the same for in which § 2.161(h)(2) will no longer be of current § 2.88(f), and specify that first and subsequent extension requests; applied after June 21, 2014 to affidavits statements of use may include in § 2.89(c), add the title ‘‘Four or declarations filed under section 8 of amendments in accordance with § 2.51, subsequent extension requests the Act, has expired. Section 2.161(i) § 2.59, and § 2.71 through § 2.75, as the permitted;’’ in § 2.89(d), add the title and (j) are added, as follows, to include TEAS on-line statement of use form will ‘‘Good cause,’’ enumerate in requirements for collective marks and now accept such amendments within § 2.89(d)(1)-(3) the requirements for certification marks to harmonize the the same form; in § 2.88(i), add the showing good cause for all marks, USPTO’s post registration practice with requirements for the verification in a including collective marks and current examination practice, and to be concurrent use amendment under certification marks, and include the text consistent with § 7.37(i)–(j), regarding § 2.42; in § 2.88(j), add the title from current § 2.89(d) in (d)(1); in affidavits or declarations of use in ‘‘Multiple-class application’’ and § 2.89(e), add the title ‘‘Extension commerce or excusable nonuse under include the text from current § 2.88(l); request filed in conjunction with or after section 71 of the Act: in § 2.161(i), add and in § 2.88(k), add the title a statement of use’’ and amend the the title ‘‘Additional requirements for a ‘‘Abandonment’’ and include the text current text for clarity; in § 2.89(f), add collective mark’’ and the additional from current § 2.88(h). Finally, the the title ‘‘Goods or services’’ and requirements for such marks, see TMEP USPTO is further amending § 2.88(g) for incorporate the requirements for sections 1303.01, 1303.02(c)(i), consistency with revisions made in collective marks and certification marks; 1304.08(f)(i)–(ii); in § 2.161(j), add the response to a comment to § 2.34(a)(1)(i) in § 2.89(g), add the title ‘‘Notice of title ‘‘Additional requirements for a regarding bases for filing a trademark or grant or denial;’’ and in § 2.89(h), add certification mark’’ and the additional service mark application and to include the title ‘‘Verification not filed within requirements for such marks, see TMEP the relevant statement for collective reasonable time,’’ incorporate the section 1306.06(f)(i)–(iii), (f)(v). Section marks and certification marks. requirements for collective marks and 2.161(k) is added to cross-reference to Comment: One commenter requested certification marks, and change text to § 7.37 regarding the requirements for a clarification that § 2.88(i) would apply ‘‘verified statement’’ to correspond with complete affidavit or declaration of use only in the rare circumstances in which § 2.2(n). Further, the USPTO is in commerce or excusable nonuse for a an applicant submitted a proper amending § 2.89(a)(3), (b)(3), and (h) for registration with an underlying amendment for concurrent use in a consistency with revisions made in application based on section 66(a) of the section 1(b) application and satisfied the response to a comment to § 2.34(a)(1)(i) Act. jurisdictional requirements for regarding bases for filing a trademark or Affidavit or Declaration Under Section concurrent use under 15 U.S.C. 1052(d). service mark application. Response: Because an applicant must 15 of the Act assert use in commerce prior to seeking Petitions and Action by the Director The USPTO is amending § 2.167, concurrent use, the USPTO clarifies that The USPTO is amending § 2.146(c), regarding an affidavit or declaration of a proper amendment for concurrent use regarding petitions to the Director, to incontestability under section 15 of the submitted with an amendment to allege change existing text to ‘‘verified Act, to include the relevant use under § 2.76 or statement of use statements’’ to correspond with § 2.2(n). requirements for collective marks and under § 2.88 would be rare. The USPTO Additionally, § 2.146(d) is amended to certification marks, to change text to further clarifies that for such an specify that a petition regarding a ‘‘verified’’ to correspond with § 2.2(n), amendment to be acceptable the cancelled or expired registration must and to make other changes consistent amendment must satisfy both the be submitted to the USPTO within two with current USPTO practice. requirements of § 2.73 for amending an months of the date when USPTO Specifically, § 2.167(f) is amended to
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delete the last sentence of the current amendment to add or delete a section applied after June 21, 2014 to affidavits rule because, under current USPTO 2(f) claim of acquired distinctiveness,’’ or declarations filed under section 71 of practice, notification acknowledging clarifying that the USPTO will not the Act, has expired. Section 7.37(i) and receipt of the affidavit or declaration permit an amendment seeking the (j) are added, as follows, to include only issues if the requirements of addition or elimination of a claim of requirements for collective marks and § 2.167(a) through (g) have been acquired distinctiveness, just as an certification marks so as to harmonize satisfied, consistent with § 2.167(i). See owner cannot amend a registration from the USPTO’s post registration practice TMEP section 1605. Also § 2.167(h), (i), the Supplemental to the Principal with current examination practice, and (j), and (k) are added, as follows, to Register. See TMEP section 1609.09. to be consistent with § 2.161(i)–(j), clarify current USPTO practice: in The USPTO is amending § 2.175(b)(2), regarding affidavits or declarations of § 2.167(h), clarify that notification will regarding correcting an owner’s mistake, use in commerce or excusable nonuse be provided to an owner if an affidavit to change text to ‘‘verified’’ to under section 8 of the Act: in § 7.37(i), or declaration cannot be acknowledged correspond with § 2.2(n). add the title ‘‘Additional requirements when the affidavit or declaration fails to Term and Renewal for a collective mark’’ and the additional satisfy any requirements in paragraphs requirements for such marks, see TMEP § 2.167(a) through (g), and that the The USPTO is amending § 2.183(d), sections 1303.01, 1303.02(c)(i), affidavit or declaration will be regarding requirements for a renewal 1304.08(f)(i)–(ii), 1904.02(d); in § 7.37(j), abandoned if a response is not received application, to specify that a renewal add the title ‘‘Additional requirements in the time specified in the notification; application may cover less than all the for a certification mark’’ and additional in § 2.167(i), clarify that a notice of classes in a registration, in addition to requirements for such marks, see TMEP acknowledgement will only issue if an covering less than all the goods or sections 1306.06(f)(i)–(iii), (f)(v), affidavit or declaration satisfies services in a registration. 1904.02(d). § 2.167(a) through (g); in § 2.167(j), General Information and Rulemaking Requirements clarify that an affidavit or declaration Correspondence in Trademark Cases may be abandoned by petitioning the Administrative Procedure Act: The Director under § 2.146 either before or The USPTO is amending § 2.193, changes in this rulemaking involve rules after a notice of acknowledgement regarding trademark correspondence of agency practice and procedure, and/ issues; and in § 2.167(k), clarify that a and signature requirements, to correct a or interpretive rules. See Perez v. Mortg. new affidavit or declaration with a new typographical error in § 2.193(c)(2), to Bankers Ass’n, 135 S. Ct. 1199, 1204 fee may be filed if an affidavit or change current text in § 2.193(e)(1) to (2015) (interpretive rules ‘‘advise the declaration is abandoned. See TMEP correspond with § 2.2(n), and to revise public of the agency’s construction of section 1605. the final sentence of § 2.193(f) to delete the statutes and rules which it reference to § 10.23(c)(15) and instead administers’’) (citation and internal Correction, Disclaimer, Surrender, Etc. refer to § 11.804, as part 10 of this quotation marks omitted); Nat’l Org. of The USPTO is amending § 2.173, chapter has been removed and reserved Veterans’ Advocates v. Sec’y of Veterans regarding an amendment to a and the content in current § 11.804 Affairs, 260 F.3d 1365, 1375 (Fed. Cir. registration, to include the relevant corresponds with content previously set 2001) (rule that clarifies interpretation requirements for collective marks and out in § 10.23. of a statute is interpretive); Bachow certification marks, to change text to Part 7: Rules of Practice in Filings Commc’ns Inc. v. FCC, 237 F.3d 683, correspond with § 2.2, and to make Pursuant to the Protocol Relating to the 690 (D.C. Cir. 2001) (rules governing an other changes consistent with current Madrid Agreement Concerning the application process are procedural USPTO practice. Section 2.173 is International Registration of Marks under the Administrative Procedure amended as follows: in § 2.173(b)(2), Act); Inova Alexandria Hosp. v. Shalala, cross-reference § 2.193(e)(6), regarding Subpart A—General Information 244 F.3d 342, 350 (4th Cir. 2001) (rules trademark signature requirements, and The USPTO is amending § 7.1, for handling appeals were procedural delete the language in this subsection regarding definitions, to add § 7.1(f), where they did not change the that is similar to wording in current which incorporates by reference the substantive standard for reviewing § 2.193(e)(6); in § 2.173(d), clarify that definitions in § 2.2(k) and (n), to apply claims). an amendment that would materially to filings pursuant to the Protocol Accordingly, prior notice and alter the mark will not be permitted in relating to the Madrid Agreement opportunity for public comment for the accordance with section 7(e) of the Act; concerning the international registration changes in this rulemaking are not in § 2.173(e), amend the title to of marks. required pursuant to 5 U.S.C. 553(b) or ‘‘Amendment of identification of goods, (c), or any other law. See Perez, 135 S. services, or collective membership Subpart F—Affidavit Under Section 71 Ct. at 1206 (notice-and-comment organization,’’ and the text to add a of the Act for Extension of Protection to procedures are required neither when reference to a description of the nature the United States an agency ‘‘issue[s] an initial of the collective membership The USPTO is amending § 7.37, interpretive rule’’ nor ‘‘when it amends organization; and in § 2.173(f), amend regarding affidavits or declarations of or repeals that interpretive rule’’); the title to ‘‘Amendment of certification use in commerce or excusable nonuse Cooper Techs. Co. v. Dudas, 536 F.3d statement for certification marks’’ and under section 71 of the Act, to include 1330, 1336–37 (Fed. Cir. 2008) (stating set forth the prohibition regarding the relevant requirements for collective that 5 U.S.C. 553, and thus 35 U.S.C. amending a certification statement, as marks and certification marks and to 2(b)(2)(B), does not require notice and specified in § 2.45(a)(4)(i)(A) and change text to correspond with § 2.2. comment rulemaking for ‘‘interpretative (a)(4)(ii)(A), in accordance with section Specifically, § 7.37(h) is revised to rules, general statements of policy, or 7(e) of the Act and for consistency with incorporate the language from current rules of agency organization, procedure, § 2.71(e). Section 2.173(f) is § 7.37(h)(1) into § 7.37(h) and to delete or practice,’’ quoting 5 U.S.C. redesignated as§ 2.173(g), and § 2.173(g) current § 7.37(h)(2)–(3), because the 553(b)(A)). The USPTO, however, chose is redesignated as § 2.173(h). Section sunset provision in § 7.37(h)(2)–(3), in to seek public comment before 2.173(i) is added with the heading ‘‘No which § 7.37(h)(2) will no longer be implementing the rule as the USPTO
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seeks the benefit of the public’s views submitted, the burden is quite minimal, innovation, or the ability of United regarding collective and certification as it merely involves attaching an States-based enterprises to compete marks. already existing document to a filing with foreign-based enterprises in Regulatory Flexibility Act: As prior that must otherwise be made to domestic and export markets. Therefore, notice and an opportunity for public maintain the registration. For these this document is not expected to result comment are not required pursuant to 5 reasons, the rule changes will not have in a ‘‘major rule’’ as defined in 5 U.S.C. U.S.C. 553 or any other law, neither a a significant economic impact on a 804(2). Regulatory Flexibility Act analysis, nor substantial number of small entities. Unfunded Mandates Reform Act of a certification under the Regulatory Executive Order 12866 (Regulatory 1995: The changes set forth in this Flexibility Act (5 U.S.C. 601, et seq.), is Planning and Review): This rulemaking rulemaking do not involve a Federal required. See 5 U.S.C. 603. has been determined to be not intergovernmental mandate that will In addition, for the reasons set forth significant for purposes of Executive result in the expenditure by State, local, herein, the Deputy General Counsel for Order 12866 (Sept. 30, 1993). General Law of the USPTO has certified Executive Order 13563 (Improving and tribal governments, in the aggregate, to the Chief Counsel for Advocacy of the Regulation and Regulatory Review): The of 100 million dollars (as adjusted) or Small Business Administration that rule USPTO has complied with Executive more in any one year, or a Federal changes in this document will not have Order 13563 (Jan. 18, 2011). private sector mandate that will result a significant economic impact on a Specifically, the USPTO has, to the in the expenditure by the private sector substantial number of small entities. See extent feasible and applicable: (1) Made of 100 million dollars (as adjusted) or 5 U.S.C. 605(b). a reasoned determination that the more in any one year, and will not To the extent the rule changes in this benefits justify the costs of the rule significantly or uniquely affect small document primarily codify current changes; (2) tailored the rules to impose governments. Therefore, no actions are USPTO practice set forth in the TMEP the least burden on society consistent necessary under the provisions of the and precedential case law regarding with obtaining the regulatory objectives; Unfunded Mandates Reform Act of collective marks and certification marks, (3) selected a regulatory approach that 1995. See 2 U.S.C. 1501 et seq. those rule changes impose no new maximizes net benefits; (4) specified Paperwork Reduction Act: This burdens on applicants and registration performance objectives; (5) identified rulemaking involves information owners/holders. Some rule changes and assessed available alternatives; (6) collection requirements which are harmonize registration maintenance provided the public with a meaningful subject to review by the U.S. Office of requirements with current application opportunity to participate in the Management and Budget (OMB) under requirements. The USPTO is also regulatory process, including soliciting the Paperwork Reduction Act of 1995 changing current practice regarding the views of those likely affected prior (44 U.S.C. 3501 et seq.). The USPTO has maintenance requirements regarding to issuing a notice of proposed determined that there would be no new certification marks to require filers of rulemaking, and provided on-line access information collection requirements or the first affidavit of use after registration to the rulemaking docket; (7) attempted impacts to existing information in registrations based on sections 44 and to promote coordination, simplification, collection requirements associated with 66(a) of the Act to submit certification and harmonization across government this rulemaking. The collections of standards, and to require that all filers agencies and identified goals designed information involved in this rulemaking of such affidavits submit updated to promote innovation; (8) considered have been reviewed and previously standards if the standards have changed approaches that reduce burdens and approved by OMB under control or a statement indicating they have not. maintain flexibility and freedom of numbers 0651–0009, 0651–0050, 0651– The USPTO does not collect or maintain choice for the public; and (9) ensured 0051, 0651–0054, 0651–0055, 0651– statistics in trademark cases on small the objectivity of scientific and 0056, and 0651–0061. versus large entity applicants, and this technological information and Notwithstanding any other provision information would be required in order processes, to the extent applicable. to precisely calculate the number of Executive Order 13132 (Federalism): of law, no person is required to respond small entities that would be affected. This rulemaking does not contain to, nor shall a person be subject to a However, these rule changes will have policies with federalism implications penalty for failure to comply with, a no impact on the vast majority of sufficient to warrant preparation of a collection of information subject to the trademark owners/holders, and only a Federalism Assessment under Executive requirements of the Paperwork slight effect on the very small subset of Order 13132 (Aug. 4, 1999). Reduction Act unless that collection of certification mark registrations, where Congressional Review Act: Under the information displays a currently valid standards previously have not been Congressional Review Act provisions of OMB control number. provided, or change post registration. the Small Business Regulatory List of Subjects Certification marks account for Enforcement Fairness Act of 1996 (5 approximately 0.2% of the total number U.S.C. 801 et seq.), prior to issuing this 37 CFR Part 2 final rule, the USPTO has submitted the of registered marks in the USPTO Administrative practice and database (approximately 4,000 required report containing the final rule procedure, Trademarks. registrations out of a total of and other required information to the approximately 2,000,000 registrations). U.S. Senate, the U.S. House of 37 CFR Part 7 For fiscal year 2014, affidavits of use for Representatives, and the Comptroller all filers have totaled approximately General of the Government Administrative practice and 248,000 of which approximately 0.2%, Accountability Office. The changes in procedure, Trademarks, International or 496 affidavits, were submitted for this document are not expected to result registration. certification mark registrations. Of those in an annual effect on the economy of For the reasons given in the preamble 496 affidavits, only a small subset will 100 million dollars or more, a major and under the authority contained in 15 be required to include certification increase in costs or prices, or significant U.S.C. 1123 and 35 U.S.C. 2, as standards or revised standards. Even in adverse effects on competition, amended, the USPTO is amending parts the event that standards must be employment, investment, productivity, 2 and 7 of title 37 as follows:
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PART 2—RULES OF PRACTICE IN use, statement of use, or affidavit or both, under 18 U.S.C. 1001, and that TRADEMARK CASES declaration of use or excusable nonuse; such willful false statements and the and like may jeopardize the validity of the ■ 1. The authority citation for 37 CFR (4) For a certification mark, use of the application or submission or any part 2 continues to read as follows: mark in commerce by authorized users registration resulting therefrom, declares Authority: 15 U.S.C. 1123, 35 U.S.C. 2, on or in connection with the goods or that all statements made of his/her own unless otherwise noted. services specified in a U.S. application, knowledge are true and all statements amendment to allege use, statement of made on information and belief are ■ 2. Amend § 2.2 by revising paragraphs use, or affidavit or declaration of use or believed to be true. (f) and (h) and adding paragraphs (i) excusable nonuse. ■ through (n) to read as follows: 4. Amend § 2.22 by revising paragraph (l) The term bona fide intention to use (a)(8) to read as follows: § 2.2 Definitions. the mark in commerce as used in this part means, for a trademark or service § 2.22 Filing requirements for a TEAS Plus * * * * * mark, that an applicant or holder has a application. (f) The acronym TEAS means the bona fide intention to use the mark in Trademark Electronic Application (a) * * * commerce on or in connection with the System, available at http:// (8) Correctly classified goods and/or goods or services specified in a U.S. www.uspto.gov. services, with an identification of goods application or international application/ and/or services from the Office’s * * * * * subsequent designation. (h) The term international application Acceptable Identification of Goods and (m) The term bona fide intention, and Services Manual, available through the as used in this part means, in addition is entitled, to exercise legitimate control to the definition in section 60 of the Act, TEAS Plus form. In an application based over the use of the mark in commerce on section 44 of the Act, the scope of the an application seeking an extension of as used in this part means: protection of an international goods and/or services covered by the (1) For a collective trademark or section 44 basis may not exceed the registration in an initial designation collective service mark, that an filed under the Protocol Relating to the scope of the goods and/or services in the applicant or holder has a bona fide foreign application or registration; Madrid Agreement Concerning the intention, and is entitled, to exercise International Registration of Marks. legitimate control over the use of the * * * * * (i) The term subsequent designation mark in commerce by members on or in ■ 5. Amend § 2.32 by revising the as used in this part means a request for connection with the goods or services section heading and paragraphs extension of protection of an specified in a U.S. application or (a)(3)(iii), (a)(6), (c), and (e) and adding international registration made after the international application/subsequent paragraphs (f) and (g) to read as follows: International Bureau registers the mark designation; on the International Register. (2) For a collective membership mark, § 2.32 Requirements for a complete trademark or service mark application. (j) The term holder as used in this part that an applicant or holder has a bona means, in addition to the definition of fide intention, and is entitled, to (a) * * * a ‘‘holder of an international exercise legitimate control over the use (3) * * * registration’’ in section 60 of the Act, of the mark in commerce by members to (iii) If the applicant is a domestic the natural or juristic person in whose indicate membership in the collective partnership, the names and citizenship name an international registration organization as specified in a U.S. of the general partners; or seeking an extension of protection to the application or international application/ * * * * * United States is recorded on the subsequent designation; and (6) A list of the particular goods or International Register. (3) For a certification mark, that an services on or in connection with which (k) The term use in commerce or use applicant or holder has a bona fide the applicant uses or intends to use the of the mark in commerce as used in this intention, and is entitled, to exercise mark. In a U.S. application filed under part means, in addition to the definition legitimate control over the use of the section 44 of the Act, the scope of the of ‘‘use in commerce’’ in section 45 of mark in commerce by authorized users goods or services covered by the section the Act: on or in connection with the goods or 44 basis may not exceed the scope of the (1) For a trademark or service mark, services specified in a U.S. application goods or services in the foreign use of the mark in commerce by an or international application/subsequent application or registration; applicant, owner, or holder on or in designation. * * * * * connection with the goods or services (n) The term verified statement, and specified in a U.S. application, the terms verify, verified, or verification (c) The application must include a amendment to allege use, statement of as used in this part refers to a statement drawing that meets the requirements of use, or affidavit or declaration of use or that is sworn to, made under oath or in § 2.51 and § 2.52. excusable nonuse; an affidavit, or supported by a * * * * * (2) For a collective trademark or declaration under § 2.20 or 28 U.S.C. (e) For the requirements of a multiple- collective service mark, use of the mark 1746, and signed in accordance with the class application, see § 2.86. in commerce by members on or in requirements of § 2.193. (f) For the requirements of all connection with the goods or services ■ 3. Revise § 2.20 to read as follows: collective mark applications, see § 2.44. specified in a U.S. application, (g) For the requirements of a amendment to allege use, statement of § 2.20 Declarations in lieu of oaths. certification mark application, see use, or affidavit or declaration of use or Instead of an oath, affidavit, or sworn § 2.45. excusable nonuse; statement, the language of 28 U.S.C. ■ 6. Revise § 2.33 to read as follows: (3) For a collective membership mark, 1746, or the following declaration use of the mark in commerce by language, may be used: § 2.33 Verified statement for a trademark members to indicate membership in the The signatory being warned that or service mark. collective organization as specified in a willful false statements and the like are (a) The application must include a U.S. application, amendment to allege punishable by fine or imprisonment, or verified statement.
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(b)(1) In an application under section specified in the international use the mark in commerce as of the 1(a) of the Act, the verified statement application/subsequent designation; and application filing date. must allege: (4) To the best of his/her knowledge (3) Registration of a mark in a foreign That the applicant believes the and belief, no other person, firm, applicant’s country of origin under applicant is the owner of the mark; that corporation, association, or other legal section 44(e) of the Act. The the mark is in use in commerce; that to entity has the right to use the mark in requirements for an application under the best of the signatory’s knowledge commerce that the U.S. Congress can section 44(e) of the Act are: and belief, no other person has the right regulate either in the identical form (i) The applicant’s verified statement to use the mark in commerce, either in thereof or in such near resemblance that the applicant has a bona fide the identical form or in such near thereto as to be likely, when used on or intention to use the mark in commerce. resemblance as to be likely, when in connection with the goods or services If the verified statement is not filed with applied to the goods or services of such of such other person, firm, corporation, the initial application, the Office will other person, to cause confusion or association, or other legal entity, to require submission of the verified mistake, or to deceive; that the cause confusion, or to cause mistake, or statement, which must also allege that specimen shows the mark as used on or to deceive. the applicant had a bona fide intention in connection with the goods or (f) In an application for concurrent to use the mark in commerce as of the services; and that the facts set forth in use under § 2.42, the verified statement application filing date. the application are true. in paragraph (b)(1) of this section must * * * * * (2) In an application under section be modified to indicate that no other (iii) If the record indicates that the 1(b) or 44 of the Act, the verified person except as specified in the foreign registration will expire before statement must allege: application has the right to use the mark the U.S. registration will issue, the That the applicant has a bona fide in commerce. applicant must submit a true copy, a intention to use the mark in commerce; ■ 7. Amend § 2.34 by revising the photocopy, a certification, or a certified that the applicant believes the applicant section heading and paragraphs (a) copy of a proof of renewal from the is entitled to use the mark in commerce introductory text, (a)(1) introductory applicant’s country of origin to establish on or in connection with the goods or text, (a)(1)(i), (a)(1)(iii) through (v), that the foreign registration has been services specified in the application; (a)(2), (a)(3) introductory text, (a)(3)(i) renewed and will be in full force and that to the best of the signatory’s and (iii), (a)(4) introductory text, effect at the time the U.S. registration knowledge and belief, no other person (a)(4)(i)(B), (a)(4)(ii) and (iii), (a)(5), and will issue. If the proof of renewal is not has the right to use the mark in (b) and removing paragraph (c). in the English language, the applicant commerce, either in the identical form The revisions read as follows: must submit a translation. or in such near resemblance as to be (4) Claim of priority, based upon an likely, when applied to the goods or § 2.34 Bases for filing a trademark or earlier-filed foreign application, under services of such other person, to cause service mark application. section 44(d) of the Act. The confusion or mistake, or to deceive; and (a) An application for a trademark or requirements for an application under that the facts set forth in the application service mark must include one or more section 44(d) of the Act are: are true. of the following five filing bases: (c) If the verified statement in (1) Use in commerce under section (i) * * * paragraph (b)(1) or (2) of this section is 1(a) of the Act. The requirements for an (B) State that the application is based not filed within a reasonable time after application under section 1(a) of the Act upon a subsequent regularly filed it is signed, the Office may require the are: application in the same foreign country, applicant to submit a substitute verified (i) The applicant’s verified statement and that any prior-filed application has statement attesting that the mark was in that the mark is in use in commerce. If been withdrawn, abandoned, or use in commerce as of the application the verified statement is not filed with otherwise disposed of, without having filing date, or the applicant had a bona the initial application, the verified been laid open to public inspection and fide intention to use the mark in statement must also allege that the mark without having any rights outstanding, commerce as of the application filing was in use in commerce as of the and has not served as a basis for date. application filing date; claiming a right of priority. (d) [Reserved] * * * * * (ii) The applicant’s verified statement (e) In an application under section (iii) The date of the applicant’s first that the applicant has a bona fide 66(a) of the Act, the verified statement, use of the mark in commerce; intention to use the mark in commerce. which is part of the international (iv) One specimen showing how the If the verified statement is not filed with registration on file with the applicant uses the mark in commerce; the initial application, the Office will International Bureau, must allege that: and require submission of the verified (1) The applicant/holder has a bona (v) If the application specifies more statement, which must also allege that fide intention to use the mark in than one item of goods or services in a the applicant had a bona fide intention commerce that the U.S. Congress can class, the dates of use in paragraphs to use the mark in commerce as of the regulate on or in connection with the (a)(1)(ii) and (iii) of this section are application filing date. goods or services specified in the required for only one item of goods or (iii) Before the application can be international application/subsequent services specified in that class. approved for publication, or for designation; (2) Intent-to-use under section 1(b) of registration on the Supplemental (2) The signatory is properly the Act. In an application under section Register, the applicant must establish a authorized to execute the declaration on 1(b) of the Act, the applicant must verify basis under section 1 or 44 of the Act. behalf of the applicant/holder; that the applicant has a bona fide (5) Extension of protection of an (3) The signatory believes the intention to use the mark in commerce. international registration under section applicant/holder to be entitled to use If the verified statement is not filed with 66(a) of the Act. In an application under the mark in commerce that the U.S. the initial application, the verified section 66(a) of the Act, the Congress can regulate on or in statement must also allege that the international application/subsequent connection with the goods or services applicant had a bona fide intention to designation must contain a signed
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declaration that meets the requirements (2) Five years substantially exclusive attaching typical advertisements), and of § 2.33(a), (e). and continuous use in commerce. In verified statements, letters or statements (b) More than one basis. In an appropriate cases, if a trademark or from the trade or public, or both, or application under section 1 or 44 of the service mark is said to have become other appropriate evidence of Act, an applicant may claim more than distinctive of the applicant’s goods or distinctiveness. one basis, provided the applicant services by reason of the applicant’s (c) For a collective membership satisfies all requirements for the bases substantially exclusive and continuous mark—(1) Ownership of prior claimed. In such case, the applicant use of the mark in commerce for the five registration(s). In appropriate cases, must specify each basis and the goods years before the date on which the claim ownership of one or more active prior or services to which that basis applies. of distinctiveness is made, a showing by registrations on the Principal Register or An applicant must specify the goods or way of verified statements in the under the Act of 1905 of the same mark services covered by more than one basis. application may be accepted as prima may be accepted as prima facie evidence Section 1(a) and 1(b) of the Act may not facie evidence of distinctiveness; of distinctiveness if the goods, services, both be claimed for identical goods or however, further evidence may be or nature of the collective membership services in the same application. A basis required. organization are sufficiently similar to under section 66(a) of the Act may not (3) Other evidence. In appropriate the collective membership organization be combined with another basis. cases, where the applicant claims that a in the application; however, further mark has become distinctive in ■ 8. Amend § 2.35 by revising evidence may be required. commerce of the applicant’s goods or paragraphs (b)(1) and (b)(6) through (8) (2) Five years substantially exclusive services, the applicant may, in support to read as follows: and continuous use in commerce. In of registrability, submit with the appropriate cases, if a collective § 2.35 Adding, deleting, or substituting application, or in response to a request membership mark is said to have bases. for evidence or to a refusal to register, become distinctive of indicating (b) * * * verified statements, depositions, or membership in the applicant’s (1) Before publication for opposition, other appropriate evidence showing collective membership organization by an applicant may add or substitute a duration, extent, and nature of the use reason of the members’ substantially basis, if the applicant meets all in commerce and advertising exclusive and continuous use of the requirements for the new basis, as stated expenditures in connection therewith mark in commerce for the five years in § 2.34, § 2.44, or § 2.45. The applicant (identifying types of media and before the date on which the claim of attaching typical advertisements), and may delete a basis at any time. distinctiveness is made, a showing by verified statements, letters or statements way of verified statements in the * * * * * from the trade or public, or both, or application may be accepted as prima (6) When the applicant adds or other appropriate evidence of facie evidence of distinctiveness; substitutes a basis, the applicant must distinctiveness. list each basis and specify the goods, (b) For a collective trademark or however, further evidence may be services, or collective membership collective service mark—(1) Ownership required. organization to which that basis applies. of prior registration(s). See the (3) Other evidence. In appropriate (7) When the applicant deletes a basis, requirements of paragraph (a)(1) of this cases, where the applicant claims that a the applicant must also delete any section. mark has become distinctive in goods, services, or collective (2) Five years substantially exclusive commerce of indicating membership in membership organization covered solely and continuous use in commerce. In the applicant’s collective membership by the deleted basis. appropriate cases, if a collective organization, the applicant may, in (8) Once an applicant claims a section trademark or collective service mark is support of registrability, submit with the 1(b) basis as to any or all of the goods said to have become distinctive of the application, or in response to a request or services, or a collective membership members’ goods or services by reason of for evidence or to a refusal to register, organization, the applicant may not the members’ substantially exclusive verified statements, depositions, or amend the application to seek and continuous use of the mark in other appropriate evidence showing registration under section 1(a) of the Act commerce for the five years before the duration, extent, and nature of the for identical goods or services or the date on which the claim of members’ use in commerce, and same collective membership distinctiveness is made, a showing by advertising expenditures in connection organization, unless the applicant files way of verified statements in the therewith (identifying types of media an allegation of use under section 1(c) application may be accepted as prima and attaching typical advertisements), or section 1(d) of the Act. facie evidence of distinctiveness; and verified statements, letters or ■ 9. Revise § 2.41 to read as follows: however, further evidence may be statements from the trade or public, or required. both, or other appropriate evidence of § 2.41 Proof of distinctiveness under (3) Other evidence. In appropriate distinctiveness. section 2(f). cases, where the applicant claims that a (d) For a certification mark—(1) (a) For a trademark or service mark— mark has become distinctive in Ownership of prior certification mark (1) Ownership of prior registration(s). In commerce of the members’ goods or registration(s). In appropriate cases, appropriate cases, ownership of one or services, the applicant may, in support ownership of one or more active prior more active prior registrations on the of registrability, submit with the certification mark registrations on the Principal Register or under the application, or in response to a request Principal Register or under the Act of Trademark Act of 1905 of the same mark for evidence or to a refusal to register, 1905 of the same mark may be accepted may be accepted as prima facie evidence verified statements, depositions, or as prima facie evidence of of distinctiveness if the goods or other appropriate evidence showing distinctiveness if the authorized users’ services are sufficiently similar to the duration, extent, and nature of the use goods or services are sufficiently similar goods or services in the application; in commerce, and advertising to the goods or services certified in the however, further evidence may be expenditures in connection therewith application, subject to the limitations of required. (identifying types of media and the statement set forth in
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§ 2.45(a)(4)(i)(C); however, further mark, or certification mark, the of the membership organization in the evidence may be required. applicant’s members’ or authorized foreign application or registration. (2) Five years substantially exclusive users’ goods or services; for a collective (3)(i) For a collective trademark or and continuous use in commerce. In membership mark, the nature of the collective service mark application, the appropriate cases, if a certification mark applicant’s collective membership international class of goods or services, is said to have become distinctive of the organization; if known. See § 6.1 of this chapter for a certified goods or services by reason of (3) The mode of use for which the list of the international classes of goods the authorized users’ substantially applicant seeks registration; and services; or exclusive and continuous use of the (4) The concurrent users’ names and (ii) For a collective membership mark mark in commerce for the five years addresses; application filed under sections 1 or 44 before the date on which the claim of (5) The registrations issued to or of the Act, classification in U.S. Class distinctiveness is made, a showing by applications filed by such concurrent 200; and for a collective membership way of verified statements in the users, if any; mark application filed under section application may be accepted as prima (6) For a trademark or service mark, 66(a) of the Act, the international facie evidence of distinctiveness; the geographic areas in which the class(es) assigned by the International however, further evidence may be concurrent user is using the mark in Bureau in the corresponding required. commerce; for a collective mark or international registration. (3) Other evidence. In appropriate certification mark, the geographic areas (4) One or more of the following five cases, where the applicant claims that a in which the concurrent user’s members filing bases: mark has become distinctive of the or authorized users are using the mark (i) Use in commerce under section certified goods or services program, the in commerce; 1(a) of the Act. The requirements for an applicant may, in support of (7) For a trademark or service mark, application under section 1(a) of the Act registrability, submit with the the concurrent user’s goods or services; are: application, or in response to a request for a collective trademark, collective (A) A statement specifying the nature for evidence or to a refusal to register, service mark, or certification mark, the of the applicant’s control over the use of verified statements, depositions, or concurrent user’s members’ or the mark by the members; other appropriate evidence showing authorized users’ goods or services; for (B) For a collective trademark or duration, extent, and nature of the a collective membership mark, the collective service mark, the date of the authorized users’ use in commerce and nature of the concurrent user’s applicant’s member’s first use of the advertising expenditures in connection collective membership organization; mark anywhere on or in connection therewith (identifying types of media (8) The mode of use by the concurrent with the goods or services and the date and attaching typical advertisements), users or the concurrent users’ members of the applicant’s member’s first use of and verified statements, letters or or authorized users; and the mark in commerce; or for a (9) The time periods of such use by statements from the trade or public, or collective membership mark, the date of the concurrent users or the concurrent both, or other appropriate evidence of the applicant’s member’s first use users’ members or authorized users. distinctiveness. anywhere to indicate membership in the (e) Certification marks with (c) For the requirements to amend an collective organization and the date of geographical matter. Paragraph (d) of application to concurrent use, see the applicant’s member’s first use in this section does not apply to § 2.73. commerce. If the application specifies geographical matter in a certification (d) For the requirements of a more than one item of goods or services mark certifying regional origin because concurrent use proceeding, see § 2.99. in a class, the dates of use are required section 2(e)(2) of the Act does not apply ■ 11. Revise § 2.44 to read as follows: for only one item of goods or services to certification marks that are specified in that class; indications of regional origin. § 2.44 Requirements for a complete collective mark application. (C) One specimen showing how a ■ 10. Revise § 2.42 to read as follows: (a) A complete application to register member uses the mark in commerce; § 2.42 Concurrent use. a collective trademark, collective service and (a) Prior to seeking concurrent use, an mark, or collective membership mark (D) A verified statement alleging: application for registration on the must include the following: That the applicant believes the Principal Register under the Act must (1) The requirements specified in applicant is the owner of the mark; that assert use in commerce and include all § 2.32(a) introductory text through the mark is in use in commerce; that the the application elements required by the (a)(4), (a)(8) through (10), (c), and (d); applicant is exercising legitimate preceding sections, in addition to § 2.44 (2)(i) For a collective trademark or control over the use of the mark in or § 2.45, if applicable. collective service mark, a list of the commerce; that to the best of the (b) The applicant must also include a particular goods or services on or in signatory’s knowledge and belief, no verified statement that indicates the connection with which the applicant’s other persons except members have the following, to the extent of the members use or intend to use the mark; right to use the mark in commerce, applicant’s knowledge: or either in the identical form or in such (1) For a trademark or service mark, (ii) For a collective membership mark, near resemblance as to be likely, when the geographic area in which the a description of the nature of the used on or in connection with the applicant is using the mark in membership organization such as by goods, services, or collective commerce; for a collective mark or type, purpose, or area of activity of the membership organization of such other certification mark, the geographic area members; and persons to cause confusion or mistake, in which the applicant’s members or (iii) In a U.S. application filed under or to deceive; that the specimen shows authorized users are using the mark in section 44 of the Act, the scope of the the mark as used in commerce by the commerce; goods or services or the nature of the applicant’s members; and that the facts (2) For a trademark or service mark, membership organization covered by set forth in the application are true. the applicant’s goods or services; for a the section 44 basis may not exceed the (ii) Intent-to-use under section 1(b) of collective trademark, collective service scope of the goods or services or nature the Act. The requirement for an
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application based on section 1(b) of the (a)(4)(iv)(B) of this section is not filed (2) A list of the particular goods or Act is a verified statement alleging: within a reasonable time after it is services on or in connection with which That the applicant has a bona fide signed, the Office may require the the applicant’s authorized users use or intention, and is entitled, to exercise applicant to submit a substitute verified intend to use the mark. In an legitimate control over the use of the statement attesting that, as of the application filed under section 44 of the mark in commerce; that to the best of application filing date, the mark was in Act, the scope of the goods or services the signatory’s knowledge and belief, no use in commerce and the applicant was covered by the section 44 basis may not other persons, except members, have the exercising legitimate control over the exceed the scope of the goods or right to use the mark in commerce, use of the mark in commerce; or, as of services in the foreign application or either in the identical form or in such the application filing date, the applicant registration; near resemblance as to be likely, when had a bona fide intention, and was (3) For applications filed under used on or in connection with the entitled, to exercise legitimate control section 1 or 44 of the Act, classification goods, services, or collective over the use of the mark in commerce; in U.S. Class A for an application membership organization of such other or certifying goods and U.S. Class B for an persons, to cause confusion or mistake, (2) If the verified statement in application certifying services. For or to deceive; and that the facts set forth paragraph (a)(4)(i)(D), (a)(4)(ii), applications filed under section 66(a) of in the application are true. (a)(4)(iii)(B), (a)(4)(iv)(B), or (a)(4)(v) of the Act, the international class(es) of (iii) Registration of a mark in a foreign this section is not filed with the initial goods or services assigned by the applicant’s country of origin under application, the verified statement must International Bureau in the section 44(e) of the Act. The also allege that, as of the application corresponding international registration; requirements for an application under filing date, the mark was in use in (4) One or more of the following five section 44(e) of the Act are: commerce and the applicant was filing bases: (A) The requirements of § 2.34(a)(3)(ii) exercising legitimate control over the (i) Use in commerce under section and (iii); and use of the mark in commerce; or, as of 1(a) of the Act. The requirements for an (B) A verified statement in accordance the application filing date, the applicant application under section 1(a) of the Act with paragraph (a)(4)(ii) of this section. had a bona fide intention, and was are: (iv) Claim of priority, based upon an entitled, to exercise legitimate control (A) A statement specifying what the earlier-filed foreign application, under over the use of the mark in commerce. applicant is certifying about the goods section 44(d) of the Act. The (c) More than one basis. In an or services in the application; requirements for an application under application under section 1 or 44 of the (B) A copy of the certification section 44(d) of the Act are: Act, an applicant may claim more than standards governing use of the (A) The requirements of § 2.34(a)(4)(i) one basis, provided the applicant certification mark on or in connection and (iii); and satisfies all requirements for the bases with the goods or services specified in (B) A verified statement in accordance claimed. In such case, the applicant the application; with paragraph (a)(4)(ii) of this section. must specify each basis, followed by the (C) A statement that the applicant is (v) Extension of protection of an goods, services, or collective not engaged in the production or international registration under section membership organization to which that marketing of the goods or services to 66(a) of the Act. The requirement for an basis applies. An applicant must specify which the mark is applied, except to application under section 66(a) of the the goods, services, or collective advertise or promote recognition of the Act is a verified statement alleging that membership organization covered by certification program or of the goods or the applicant/holder has a bona fide more than one basis. Section 1(a) and services that meet the certification intention, and is entitled, to exercise 1(b) of the Act may not both be claimed standards of the applicant; legitimate control over the use of the for identical goods, or services, or the (D) The date of the applicant’s mark in commerce that the U.S. same collective membership authorized user’s first use of the mark Congress can regulate on or in organization in one application. A basis anywhere on or in connection with the connection with the goods or services under section 66(a) of the Act may not goods or services and the date of the specified in the international be combined with another basis. applicant’s authorized user’s first use of application/subsequent designation; (d) In an application for concurrent the mark in commerce. If the that the signatory is properly authorized use under § 2.42, the verified statement application specifies more than one to execute the declaration on behalf of in paragraph (a)(4)(i)(D) of this section item of goods or services in a class, the the applicant/holder; and that to the must be modified to indicate that no dates of use are required for only one best of his/her knowledge and belief, no other persons except members and the item of goods or services specified in other person, firm, corporation, concurrent users as specified in the that class; association, or other legal entity, except application have the right to use the (E) One specimen showing how an members, has the right to use the mark mark in commerce. authorized user uses the mark in in commerce that the U.S. Congress can (e) Multiple-class applications. For commerce; and regulate either in the identical form the requirements of a multiple-class (F) A verified statement alleging: That the applicant believes the thereof or in such near resemblance application, see § 2.86. thereto as to be likely, when used on or applicant is the owner of the mark; that ■ 12. Revise § 2.45 to read as follows: in connection with the goods, services, the mark is in use in commerce; that the or collective membership organization § 2.45 Requirements for a complete applicant is exercising legitimate of such other person, firm, corporation, certification mark application; restriction on control over the use of the mark in association, or other legal entity, to certification mark application. commerce; that to the best of the cause confusion, or to cause mistake, or (a) A complete application to register signatory’s knowledge and belief, no to deceive. a certification mark must include the other persons except authorized users (b) Verification not filed within following: have the right to use the mark in reasonable time or omitted. (1) If the (1) The requirements specified in commerce, either in the identical form verified statement in paragraph § 2.32(a) introductory text through or in such near resemblance as to be (a)(4)(i)(D), (a)(4)(ii), (a)(4)(iii)(B), or (a)(4), (a)(8) through (10), (c), and (d); likely, when used on or in connection
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with the goods or services of such other intention, and is entitled, to exercise of the Act may not be combined with persons, to cause confusion or mistake, legitimate control over the use of the another basis. or to deceive; that the specimen shows mark in commerce that the U.S. (d) Concurrent use. In an application the mark as used in commerce by the Congress can regulate on or in for concurrent use under § 2.42, the applicant’s authorized users; and that connection with the goods or services verified statement in paragraph the facts set forth in the application are specified in the international (a)(4)(i)(F) of this section must be true. application/subsequent designation; modified to indicate that no other (ii) Intent-to-use under section 1(b) of that the signatory is properly authorized persons except authorized users and the Act. The requirements for an to execute the declaration on behalf of concurrent users as specified in the application based on section 1(b) of the the applicant/holder; and that to the application have the right to use the Act are: best of his/her knowledge and belief, no mark in commerce. (A) A statement specifying what the other person, firm, corporation, (e) Multiple-class applications. For applicant will be certifying about the association, or other legal entity, except the requirements of a multiple-class goods or services in the application; authorized users, has the right to use the application, see § 2.86. (B) A statement that the applicant will mark in commerce that the U.S. (f) Restriction on certification mark not engage in the production or Congress can regulate either in the application. A single application may marketing of the goods or services to identical form thereof or in such near not include a certification mark and which the mark is applied, except to resemblance thereto as to be likely, another type of mark. The same mark for advertise or promote recognition of the when used on or in connection with the the same goods or services is not certification program or of the goods or goods or services of such other person, registrable as both a certification mark services that meet the certification firm, corporation, association, or other and another type of mark. See sections standards of the applicant; and legal entity, to cause confusion, or to 4 and 14(5)(B) of the Act. (C) A verified statement alleging: cause mistake, or to deceive. ■ 13. Amend § 2.56 by revising That the applicant has a bona fide (b) Verification not filed within intention, and is entitled, to exercise paragraphs (b)(2), (b)(5), (c), and (d)(3) reasonable time or omitted. (1) If the to read as follows: legitimate control over the use of the verified statement in paragraph mark in commerce; that to the best of (a)(4)(i)(F), (a)(4)(ii)(C), (a)(4)(iii)(C), or § 2.56 Specimens. the signatory’s knowledge and belief, no (a)(4)(iv)(C) of this section is not filed other persons, except authorized users, * * * * * within a reasonable time after it is (b) * * * have the right to use the mark in signed, the Office may require the (2) A service mark specimen must commerce, either in the identical form applicant to submit a substitute verified show the mark as used in the sale or or in such near resemblance as to be statement attesting that, as of the advertising of the services. likely, when used on or in connection application filing date, the mark was in * * * * * with the goods or services of such other use in commerce and the applicant was (5) A certification mark specimen persons, to cause confusion or mistake, exercising legitimate control over the must show how a person other than the or to deceive; and that the facts set forth use of the mark in commerce; or, as of owner uses the mark to reflect in the application are true. the application filing date, the applicant certification of regional or other origin, (iii) Registration of a mark in a foreign had a bona fide intention, and was material, mode of manufacture, quality, applicant’s country of origin under entitled, to exercise legitimate control accuracy, or other characteristics of that section 44(e) of the Act. The over the use of the mark in commerce; person’s goods or services; or that requirements for an application under or section 44(e) of the Act are: (2) If the verified statement in members of a union or other (A) The requirements of § 2.34(a)(3)(ii) paragraph (a)(4)(i)(F), (a)(4)(ii)(C), organization performed the work or and (iii); (a)(4)(iii)(C), (a)(4)(iv)(C), or (a)(4)(v)(B) labor on the goods or services. (B) The requirements in paragraphs of this section is not filed with the (c) A photocopy or other reproduction (a)(4)(ii)(A) and (B) of this section; and initial application, the verified of a specimen of the mark as used on or (C) A verified statement in accordance statement must also allege that, as of the in connection with the goods, or in the with paragraph (a)(4)(ii)(C) of this application filing date, the mark was in sale or advertising of the services, is section. use in commerce and the applicant was acceptable. However, a photocopy of the (iv) Claim of priority, based upon an drawing required by § 2.51 is not a earlier-filed foreign application, under exercising legitimate control over the use of the mark in commerce; or, as of proper specimen. section 44(d) of the Act. The (d) * * * requirements for an application under the application filing date, the applicant had a bona fide intention, and was (3) In the absence of non-bulky section 44(d) of the Act are: alternatives, a specimen of use in (A) The requirements of § 2.34(a)(4)(i) entitled, to exercise legitimate control over the use of the mark in commerce. another appropriate medium may be and (iii); designated as acceptable by the Office. (B) The requirements in paragraphs (c) More than one basis. In an (a)(4)(ii)(A) and (B) of this section; and application under section 1 or 44 of the * * * * * (C) A verified statement in accordance Act, an applicant may claim more than ■ 14. Revise § 2.59 to read as follows: with paragraph (a)(4)(ii)(C) of this one basis, provided the applicant § 2.59 Filing substitute specimen(s). section. satisfies all requirements for the bases (v) Extension of protection of an claimed. In such case, the applicant (a) In an application under section international registration under section must specify each basis, followed by the 1(a) of the Act, the applicant may 66(a) of the Act. The requirements for an goods or services to which that basis submit substitute specimens of the mark application under section 66(a) of the applies. An applicant must specify the as used on or in connection with the Act are: goods or services covered by more than goods or in the sale or advertising of the (A) The requirements of paragraphs one basis. Section 1(a) and 1(b) of the services, or as used to indicate (a)(4)(ii)(A) and (B) of this section; and Act may not both be claimed for membership in the collective (B) A verified statement alleging that identical goods or services in the same organization. The applicant must submit the applicant/holder has a bona fide application. A basis under section 66(a) a verified statement that the substitute
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specimen was in use in commerce at The amendment must be verified. (1) A verified statement alleging: least as early as the filing date of the However, the application cannot be (i) The applicant believes the application. The verified statement is amended to set forth a different entity applicant is the owner of the mark; not required if the specimen is a as the applicant. An application filed in (ii) The mark is in use in commerce; duplicate or facsimile of a specimen the name of an entity that did not own (iii) The date of first use of the mark already of record in the application. the mark as of the filing date of the anywhere on or in connection with the (b) In an application under section application is void. goods or services, and/or to indicate 1(b) of the Act, after filing either an (e) An amendment that would membership in the collective amendment to allege use under § 2.76 or materially alter the certification organization specified in the a statement of use under § 2.88, the statement specified in § 2.45(a)(4)(i)(A) application, and the date of first use of applicant may submit substitute or (a)(4)(ii)(A) will not be permitted. the mark in commerce. If the specimens of the mark as used on or in ■ 16. Amend § 2.74 by revising amendment to allege use specifies more connection with the goods or in the sale paragraph (b) to read as follows: than one item of goods or services in a or advertising of the services, or as used class, the dates of use are required for to indicate membership in the collective § 2.74 Form and signature of amendment. only one item of goods or services organization. If the applicant submits * * * * * specified in that class; substitute specimen(s), the applicant (b) Signature. A request for (iv) The goods, services, and/or nature must: amendment of an application must be of the collective membership (1) For an amendment to allege use signed by the applicant, someone with organization specified in the under § 2.76, submit a verified legal authority to bind the applicant application; and statement that the substitute (e.g., a corporate officer or general (v) For a collective mark and specimen(s) was in use in commerce partner of a partnership), or a certification mark, the applicant is prior to filing the amendment to allege practitioner qualified to practice under exercising legitimate control over the use. § 11.14 of this chapter, in accordance use in commerce of the mark. (2) For a statement of use under with the requirements of § 2.193(e)(2). If (2) One specimen showing how the § 2.88, submit a verified statement that the amendment requires verification, applicant, member, or authorized user the substitute specimen(s) was in use in see § 2.2(n). uses the mark in commerce. See § 2.56 commerce either prior to filing the ■ 17. Revise § 2.76 to read as follows: for the requirements for specimens; statement of use or prior to the (3) The fee per class required by § 2.6; expiration of the deadline for filing the § 2.76 Amendment to allege use. (4) For a collective mark, the statement of use. (a) When to file an amendment to requirements of § 2.44(a)(4)(i)(A); ■ 15. Amend § 2.71 by revising allege use. (1) An application under (5) For a certification mark, the paragraphs (a), (b), (c) introductory text, section 1(b) of the Act may be amended requirements of § 2.45(a)(4)(i)(A)–(C); and (d) and adding paragraph (e) to read to allege use of the mark in commerce and as follows: under section 1(c) of the Act at any time (6) The title ‘‘Amendment to Allege between the filing of the application and Use’’ should appear at the top of the § 2.71 Amendments to correct the date the examiner approves the first page of the document, if not filed informalities. mark for publication. Thereafter, an through TEAS. * * * * * allegation of use may be submitted only (c) Minimum filing requirements for a (a) The applicant may amend the as a statement of use under § 2.88 after timely filed amendment to allege use. application to clarify or limit, but not to the issuance of a notice of allowance The Office will review a timely filed broaden, the identification of goods under section 13(b)(2) of the Act. An amendment to allege use to determine and/or services or the description of the amendment to allege use filed outside whether it meets the following nature of the collective membership the time period specified in this minimum requirements: organization. paragraph will not be reviewed. (1) The fee required by § 2.6 for at (b)(1) If the verified statement in an (2)(i) For a trademark, service mark, least one class; application under § 2.33 is unsigned or collective trademark, collective service (2) One specimen of the mark as used signed by the wrong party, the applicant mark, and certification mark, an in commerce; and may submit a substitute verification. amendment to allege use may be filed (3) The verified statement in (2) If the verified statement in a only when the mark has been in use in paragraph (b)(1)(ii) of this section. statement of use under § 2.88, or a commerce on or in connection with all (d) Deficiency notification. If the request for extension of time to file a the goods or services specified in the amendment to allege use is filed within statement of use under § 2.89, is application for which the applicant will the permitted time period but does not unsigned or signed by the wrong party, seek registration. For a collective meet the minimum requirements the applicant must submit a substitute membership mark, an amendment to specified in paragraph (c) of this verification before the expiration of the allege use may be filed only when the section, the Office will notify the statutory deadline for filing the mark has been in use in commerce to applicant of the deficiency. The statement of use. indicate membership in the collective deficiency may be corrected provided (c) The applicant may amend the organization specified in the application the mark has not been approved for dates of use, provided that the for which the applicant will seek publication. If an acceptable amendment is verified, except that the registration. amendment to correct the deficiency is following amendments are not (ii) An amendment to allege use may not filed prior to approval of the mark permitted: be accompanied by a request in for publication, the amendment will not * * * * * accordance with § 2.87 to divide out be examined, and the applicant must (d) The applicant may amend the from the application the goods, services, instead file a statement of use after the application to correct the name of the or classes not yet in use in commerce. notice of allowance issues. applicant, if there is a mistake in the (b) A complete amendment to allege (e) Notification of refusals and manner in which the name of the use. A complete amendment to allege requirements. A timely filed applicant is set out in the application. use must include the following: amendment to allege use that meets the
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minimum requirements specified in § 2.86 Multiple-class applications. (c) In a single application, both paragraph (c) of this section will be (a) In a single application for a section 1(a) and 1(b) of the Act may not examined in accordance with §§ 2.61 trademark, service mark, and/or be claimed for identical goods or through 2.69. If, as a result of the collective mark, an applicant may apply services. examination of the amendment to allege to register the same mark for goods, (d) In a single application based on use, the applicant is found not entitled services, and/or a collective section 1 or 44 of the Act, goods or to registration for any reason not membership organization in multiple services in U.S. Classes A and/or B may previously stated, the applicant will be classes. In a multiple-class application, not be combined with either goods or notified and advised of the reasons and the applicant must satisfy the following, services in any international class or of any formal requirements or refusals. in addition to the application with a collective membership The notification shall restate or requirements of § 2.32 for a trademark or organization in U.S. Class 200; and in a incorporate by reference all unresolved service mark, and § 2.44 for collective single application based on section 66(a) refusals or requirements previously marks: of the Act, a certification mark stated. The amendment to allege use (1) For an application filed under application may not be combined with may be amended in accordance with section 1 or 44 of the Act, identify the goods, services, or a collective §§ 2.59 and 2.71 through 2.75. goods or services in each international membership organization in any (f) Withdrawal. An amendment to class and/or the nature of the collective international class. See § 2.45(f). (e) An amendment to allege use under allege use may be withdrawn for any membership organization in U.S. Class § 2.76 or a statement of use under § 2.88 reason prior to approval of a mark for 200; for applications filed under section for multiple classes must include, for publication. 66(a) of the Act, identify the goods, services, and/or the nature of the each class, the required fee, dates of use, (g) Verification not filed within collective membership organization in and one specimen. When requested by reasonable time. If the verified each international class assigned by the the Office, additional specimens must statements in paragraphs (b)(1)(ii) and, International Bureau in the be provided. The applicant may not file if applicable, (b)(1)(v) of this section are corresponding international registration; an amendment to allege use or a not filed within a reasonable time after (2) Submit the application filing fee statement of use until the applicant has they are signed, the Office may require required by § 2.6 for each class; and used the mark on or in connection with the applicant to submit substitute (3) Include either dates of use and one all the goods, services, or classes, unless verified statements attesting that the specimen for each class based on the applicant also files a request to mark is in use in commerce, and, if section 1(a) of the Act; or a statement divide under § 2.87. applicable, the applicant is exercising that the applicant has a bona fide (f) The Office will issue a single legitimate control over the use of the intention to use the mark in commerce, certificate of registration for the mark, mark in commerce. for a trademark or service mark, or a unless the applicant files a request to (h) An amendment to allege use is not statement that the applicant has a bona divide under § 2.87. a response but may include fide intention, and is entitled, to ■ 20. Revise § 2.88 to read as follows: amendments. The filing of an exercise legitimate control over the use amendment to allege use does not of the mark in commerce, for collective § 2.88 Statement of use after notice of constitute a response to any outstanding marks, for each class based on section allowance. action by the examiner. See § 2.62. The 1(b), 44, or 66(a) of the Act. When (a) When to file a statement of use. (1) amendment to allege use may include requested by the Office, additional In an application under section 1(b) of amendments in accordance with §§ 2.59 specimens must be provided. the Act, a statement of use, required and 2.71 through 2.75. (b) In a single application for a under section 1(d) of the Act, must be filed within six months after issuance of (i) If the application is amended to certification mark, an applicant may a notice of allowance under section concurrent use under § 2.73, the apply to register the same certification 13(b)(2) of the Act, or within an amendment to allege use must include mark for goods and services. In such extension of time granted under § 2.89. a verified statement modified in case, the applicant must satisfy the A statement of use filed prior to accordance with § 2.33(f), § 2.44(d), or following, in addition to the application issuance of a notice of allowance is § 2.45(d). requirements of § 2.45: (1) For an application filed under premature and will not be reviewed. (j) Multiple-class application. For the section 1 or 44 of the Act, identify the (2)(i) For a trademark, service mark, requirements of a multiple-class goods in U.S. Class A and the services collective trademark, collective service application, see § 2.86. in U.S. Class B; for applications filed mark, and certification mark, a ■ 18. Amend § 2.77, by revising under section 66(a) of the Act, identify statement of use may be filed only when paragraphs (a) introductory text and the goods and services in each the mark has been in use in commerce (a)(1) to read as follows: international class assigned by the on or in connection with all the goods International Bureau in the or services specified in the notice of § 2.77 Amendments between notice of corresponding international registration; allowance for which the applicant will allowance and statement of use. (2) Submit the application filing fee seek registration in that application. For (a) The only amendments that may be required by § 2.6 for both classes; and a collective membership mark, a entered in an application between the (3) Include either dates of use and one statement of use may be filed only when issuance of the notice of allowance and specimen for each class based on the mark has been in use in commerce the submission of a statement of use are: section 1(a) of the Act; or a statement to indicate membership in the collective (1) The deletion of specified goods or that the applicant has a bona fide membership organization specified in services, or the entire description of the intention, and is entitled, to exercise the notice of allowance for which the nature of the collective membership legitimate control over the use of the applicant will seek registration in that organization, from the identification; mark in commerce for each class based application. on section 1(b), 44, or 66(a) of the Act. (ii) A statement of use may be * * * * * When requested by the Office, accompanied by a request in accordance ■ 19. Revise § 2.86 to read as follows: additional specimens must be provided. with § 2.87 to divide out from the
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application the goods, services, or required fee(s) or specify the class(es) to they are signed, the Office may require classes not yet in use in commerce. be abandoned within the set time the applicant to submit substitute (b) A complete statement of use. A period, the Office will apply the fees verified statements attesting that the complete statement of use must include paid, beginning with the lowest mark is in use in commerce, and, if the following: numbered class, in ascending order. The applicable, the applicant is exercising (1) A verified statement alleging: Office will delete the class(es) not legitimate control over the use of the (i) The applicant believes the covered by the fees submitted; mark in commerce. applicant is the owner of the mark; (4) For a collective mark, the (h) Amending the application. The (ii) The mark is in use in commerce; requirements of § 2.44(a)(4)(i)(A); statement of use may include (iii) The date of first use of the mark (5) For a certification mark, the amendments in accordance with anywhere on or in connection with the requirements of § 2.45(a)(4)(i)(A) §§ 2.51, 2.59, and 2.71 through 2.75. goods, services, and/or to indicate through (C); and (i) Concurrent use. If the application membership in the collective (6) The title ‘‘Statement of Use’’ is amended to concurrent use under organization specified in the should appear at the top of the first page § 2.73, the statement of use must application, and the date of first use of of the document, if not filed through include a verified statement modified in the mark in commerce. If the statement TEAS. accordance with § 2.33(f), § 2.44(d), or of use specifies more than one item of (c) Minimum filing requirements for a § 2.45(d). goods or services in a class, the dates of timely filed statement of use. The Office (j) Multiple-class application. For the use are required for only one item of will review a timely filed statement of requirements of a multiple-class goods or services specified in that class; use to determine whether it meets the application, see § 2.86. (iv) The goods, services, and/or nature following minimum requirements: (k) Abandonment. The failure to of the collective membership (1) The fee required by § 2.6 for at timely file a statement of use which organization specified in the notice of least one class; meets the minimum requirements allowance. The goods or services (2) One specimen of the mark as used specified in paragraph (c) of this section specified in a statement of use must in commerce; and shall result in the abandonment of the conform to those goods or services (3) The verified statement in application. specified in the notice of allowance for paragraph (b)(1)(ii) of this section. If this ■ 21. Revise § 2.89 to read as follows: trademark, service mark, collective verified statement is unsigned or signed trademark, collective service mark, or by the wrong party, the applicant must § 2.89 Extensions of time for filing a certification mark applications. Any submit a substitute verified statement statement of use. goods or services specified in the notice on or before the statutory deadline for (a) First extension request after of allowance that are omitted from the filing the statement of use. issuance of notice of allowance. The identification of goods or services in the (d) Deficiency notification. If the applicant may request a six-month statement of use will be presumed to be statement of use is filed within the extension of time to file the statement of deleted and the deleted goods or permitted time period but does not meet use required by § 2.88. The extension services may not be reinserted in the the minimum requirements specified in request must be filed within six months application. For collective membership paragraph (c) of this section, the Office of the date of issuance of the notice of mark applications, the description of the will notify the applicant of the allowance under section 13(b)(2) of the nature of the collective membership deficiency. If the time permitted for the Act and must include the following: organization in the statement of use applicant to file a statement of use has (1) A written request for an extension must conform to that specified in the not expired, the applicant may correct of time to file the statement of use; notice of allowance; and the deficiency. (2) The fee required by § 2.6 per class. (v) For a collective mark and (e) Notification of refusals and The applicant must pay a filing fee certification mark, the applicant is requirements. A timely filed statement sufficient to cover at least one class exercising legitimate control over the of use that meets the minimum within the statutory time for filing the use in commerce of the mark; requirements specified in paragraph (c) extension request, or the request will be (2) One specimen showing how the of this section will be examined in denied. If the applicant submits a fee applicant, member, or authorized user accordance with §§ 2.61 through 2.69. If, insufficient to cover all the classes in a uses the mark in commerce. See § 2.56 as a result of the examination of the multiple-class application, the applicant for the requirements for specimens; statement of use, the applicant is found should specify the classes to be (3) Fee(s). The fee required by § 2.6 not entitled to registration, the applicant abandoned. If the applicant timely per class. The applicant must pay a will be notified and advised of the submits a fee sufficient to pay for at filing fee sufficient to cover at least one reasons and of any formal requirements least one class, but insufficient to cover class within the statutory time for filing or refusals. The statement of use may be all the classes, and the applicant has not the statement of use, or the application amended in accordance with §§ 2.59 specified the class(es) to be abandoned, will be abandoned. If the applicant and 2.71 through 2.75. the Office will issue a notice granting submits a fee insufficient to cover all the (f) Statement of use may not be the applicant additional time to submit classes in a multiple-class application, withdrawn. The applicant may not the fee(s) for the remaining classes, or the applicant should specify the classes withdraw a timely filed statement of use specify the class(es) to be abandoned. If to be abandoned. If the applicant timely to return to the previous status of the applicant does not submit the submits a fee sufficient to pay for at awaiting submission of a statement of required fee(s) or specify the class(es) to least one class, but insufficient to cover use, regardless of whether it is in be abandoned within the set time all the classes, and the applicant has not compliance with paragraph (c) of this period, the Office will apply the fees specified the class(es) to be abandoned, section. paid, beginning with the lowest the Office will issue a notice granting (g) Verification not filed within numbered class, in ascending order. The the applicant additional time to submit reasonable time. If the verified Office will delete the class(es) not the fee(s) for the remaining class(es) or statements in paragraphs (b)(1)(ii) and, covered by the fees submitted; and to specify the class(es) to be abandoned. if applicable, (b)(1)(v) of this section are (3) A verified statement that the If the applicant does not submit the not filed within a reasonable time after applicant has a continued bona fide
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intention to use the mark in commerce, (2) For a collective mark, a statement applicant will need additional time in specifying the relevant goods or of ongoing efforts to make use of the which to file a new statement of use. services, for trademarks or service mark in commerce by members on or in (f) Goods or services. For trademark, marks; or that the applicant has a connection with each of the relevant service mark, collective trademark, continued bona fide intention, and is goods or services or in connection with collective service mark, or certification entitled, to exercise legitimate control the applicant’s collective membership mark applications, the goods or services over the use of the mark in commerce, organization. Those efforts may include specified in a request for an extension specifying the relevant goods, services, the development of standards, the steps of time for filing a statement of use must or collective membership organization, taken to acquire members such as conform to those goods or services for collective marks or certification marketing and promotional activities specified in the notice of allowance. marks. If this verified statement is targeted to potential members, training Any goods or services specified in the unsigned or signed by the wrong party, members regarding the standards, or notice of allowance that are omitted the applicant must submit a substitute other similar activities. In the from the identification of goods or verified statement within six months of alternative, the applicant must submit a services in the request for extension of the date of issuance of the notice of satisfactory explanation for the failure to time will be presumed to be deleted and allowance. make efforts for applicant’s members to the deleted goods or services may not (b) Subsequent extension requests. use the mark in commerce. thereafter be reinserted in the Before the expiration of the previously (3) For a certification mark, a application. For collective membership granted extension of time, the applicant statement of ongoing efforts to make use mark applications, the description of the may request further six-month of the mark in commerce by authorized nature of the collective membership extensions of time to file the statement users on or in connection with each of organization in the request for extension of use by submitting the following: the relevant goods or services. Those of time must conform to that set forth in (1) A written request for an extension efforts may include the development of the notice of allowance. of time to file the statement of use; certification standards, steps taken to (g) Notice of grant or denial. The (2) The requirements of paragraph applicant will be notified of the grant or obtain governmental approval or acquire (a)(2) of this section for a fee; denial of a request for an extension of authorized users, marketing and (3) A verified statement that the time, and of the reasons for a denial. promoting the recognition of the applicant has a continued bona fide Failure to notify the applicant of the certification program or of the goods or intention to use the mark in commerce, grant or denial of the request prior to the services that meet the certification specifying the relevant goods or expiration of the existing period or standards of the applicant, training services, for trademarks or service requested extension does not relieve the authorized users regarding the marks; or that the applicant has a applicant of the responsibility of timely standards, or other similar activities. In continued bona fide intention, and is filing a statement of use under § 2.88. If, the alternative, the applicant must entitled, to exercise legitimate control after denial of an extension request, submit a satisfactory explanation for the over the use of the mark in commerce, there is time remaining in the existing failure to make efforts for applicant’s specifying the relevant goods, services, six-month period for filing a statement authorized users to use the mark in or collective membership organization, of use, applicant may submit a commerce. for collective marks or certification substitute request for extension of time marks. If this verified statement is (e) Extension request filed in to correct the defects of the prior unsigned or signed by the wrong party, conjunction with or after a statement of request. Otherwise, the only recourse the applicant must submit a substitute use. (1) An applicant may file one available after denial of a request for an verified statement before the expiration request for a six-month extension of extension of time is to file a petition to of the previously granted extension; and time for filing a statement of use when the Director in accordance with § 2.66 or (4) A showing of good cause, as filing a statement of use or after filing § 2.146. A petition from the denial of an specified in paragraph (d) of this a statement of use if time remains in the extension request must be filed within section. existing six-month period in which the two months of the date of issuance of (c) Four subsequent extension statement of use was filed, provided that the denial of the request. If the petition requests permitted. Extension requests the time requested would not extend is granted, the term of the requested six- specified in paragraph (b) of this section beyond 36 months from the date of month extension that was the subject of will be granted only in six-month issuance of the notice of allowance. the petition will run from the date of increments and may not aggregate more Thereafter, applicant may not request expiration of the previously existing six- than 24 months total. any further extensions of time. month period for filing a statement of (d) Good cause. A showing of good (2) A request for an extension of time use. cause must include: that is filed under paragraph (e)(1) of (h) Verification not filed within (1) For a trademark or service mark, this section, must comply with all the reasonable time. If the verified a statement of the applicant’s ongoing requirements of paragraph (a) of this statement in paragraph (a)(3) or (b)(3) of efforts to make use of the mark in section, if it is an applicant’s first this section is not filed within a commerce on or in connection with extension request, or paragraph (b) of reasonable time after it is signed, the each of the relevant goods or services. this section, if it is a second or Office may require the applicant to Those efforts may include product or subsequent extension request. However, submit a substitute verified statement service research or development, market in a request under paragraph (b) of this attesting that the applicant has a research, manufacturing activities, section, an applicant may satisfy the continued bona fide intention to use the promotional activities, steps to acquire requirement for a showing of good cause mark in commerce, for trademarks or distributors, steps to obtain by asserting the applicant believes the service marks; or that the applicant has governmental approval, or other similar applicant has made valid use of the a continued bona fide intention, and is activities. In the alternative, the mark in commerce, as evidenced by the entitled, to exercise legitimate control applicant must submit a satisfactory submitted statement of use, but that if over the use of the mark in commerce, explanation for the failure to make the statement of use is found by the for collective marks or certification efforts to use the mark in commerce. Office to be fatally defective, the marks.
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■ 22. Amend § 2.146 by revising submitted within the time period set out above requirements, a complete affidavit paragraphs (c) and (d) to read as follows: in the Office action and the class(es) to or declaration pertaining to a which the original fee(s) should be certification mark must: § 2.146 Petitions to the Director. applied are not specified, the Office will (1) Include a copy of the certification * * * * * presume that the fee(s) cover the classes standards specified in § 2.45(a)(4)(i)(B); (c) Every petition to the Director shall in ascending order, beginning with the (i) Submitting certification standards include a statement of the facts relevant lowest numbered class; for the first time. If the registration to the petition, the points to be (e)(1) Specify the goods, services, or issued from an application based solely reviewed, the action or relief requested, nature of the collective membership on section 44 of the Act, include a copy and the fee required by § 2.6. Any brief organization for which the mark is in of the certification standards in the first in support of the petition shall be use in commerce, and/or the goods, affidavit or declaration filed under embodied in or accompany the petition. services, or nature of the collective paragraph (a) of this section; or The petition must be signed by the membership organization for which (ii) Certification standards submitted petitioner, someone with legal authority excusable nonuse is claimed under in prior filing. If the certification to bind the petitioner (e.g., a corporate paragraph (f)(2) of this section; and standards in use at the time of filing the officer or general partner of a (2) Specify the goods, services, or affidavit or declaration have not partnership), or a practitioner qualified classes being deleted from the changed since the date they were to practice under § 11.14 of this chapter, registration, if the affidavit or previously submitted to the Office, in accordance with the requirements of declaration covers fewer than all the include a statement to that effect; if the § 2.193(e)(5). When facts are to be goods, services, or classes in the certification standards in use at the time proved on petition, the petitioner must registration; of filing the affidavit or declaration have submit proof in the form of verified (f)(1) State that the registered mark is changed since the date they were statements signed by someone with in use in commerce; or previously submitted to the Office, firsthand knowledge of the facts to be (2) If the registered mark is not in use include a copy of the revised proved, and any exhibits. in commerce on or in connection with certification standards; (d) A petition must be filed within all the goods, services, or classes (2) State that the owner is exercising two months of the date of issuance of specified in the registration, set forth the legitimate control over the use of the the action from which relief is date when such use of the mark in mark in commerce; and requested, unless a different deadline is commerce stopped and the approximate (3) Satisfy the requirements of specified elsewhere in this chapter, and date when such use is expected to § 2.45(a)(4)(i)(A) and (C). no later than two months from the date resume; and recite facts to show that (k) For requirements of a complete when Office records are updated to nonuse as to those goods, services, or affidavit or declaration of use in show that the registration has been classes is due to special circumstances commerce or excusable nonuse for a cancelled or has expired. that excuse the nonuse and is not due registration that issued from a section * * * * * to an intention to abandon the mark; 66(a) basis application, see § 7.37. ■ 23. Amend § 2.161 by revising and ■ 24. Amend § 2.167 by revising the paragraphs (b), (c), (d)(1) and (3), and (e) (g) Include one specimen showing introductory text and paragraphs (a) and through (h) and adding paragraphs (i) how the mark is in use in commerce for (c) through (g) and adding paragraphs through (k) to read as follows: each class in the registration, unless (h) through (k) to read as follows: excusable nonuse is claimed under § 2.161 Requirements for a complete § 2.167 Affidavit or declaration under paragraph (f)(2) of this section. When section 15. affidavit or declaration of continued use or requested by the Office, additional excusable nonuse. The affidavit or declaration in specimens must be provided. The accordance with § 2.20 provided by * * * * * specimen must meet the requirements of section 15 of the Act for acquiring (b) Include a verified statement § 2.56. attesting to the use in commerce or (h) The Office may require the owner incontestability for a mark registered on excusable nonuse of the mark within the to furnish such information, exhibits, the Principal Register or a mark period set forth in section 8 of the Act. affidavits or declarations, and such registered under the Trademark Act of This verified statement must be additional specimens as may be 1881 or 1905 and published under executed on or after the beginning of the reasonably necessary to the proper section 12(c) of the Act (see § 2.153) filing period specified in § 2.160(a); examination of the affidavit or must: (c) Include the U.S. registration declaration under section 8 of the Act. (a) Be verified; number; (i) Additional requirements for a * * * * * (d)(1) Include the fee required by § 2.6 collective mark: In addition to the above (c) For a trademark, service mark, for each class that the affidavit or requirements, a complete affidavit or collective trademark, collective service declaration covers; declaration pertaining to a collective mark, and certification mark, recite the * * * * * mark must: goods or services stated in the (3) If at least one fee is submitted for (1) State that the owner is exercising registration on or in connection with a multiple-class registration, but the fee legitimate control over the use of the which the mark has been in continuous is insufficient to cover all the classes, mark in commerce; and use in commerce for a period of five and the class(es) to which the fee(s) (2) If the registration issued from an years after the date of registration or should be applied are not specified, the application based solely on section 44 of date of publication under section 12(c) Office will issue a notice requiring the Act, state the nature of the owner’s of the Act, and is still in use in either submission of the additional control over the use of the mark by the commerce; for a collective membership fee(s) or specification of the class(es) to members in the first affidavit or mark, describe the nature of the owner’s which the initial fee(s) should be declaration filed under paragraph (a) of collective membership organization applied. Additional fee(s) may be this section. specified in the registration in submitted if the requirements of § 2.164 (j) Additional requirements for a connection with which the mark has are met. If the additional fee(s) are not certification mark: In addition to the been in continuous use in commerce for
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a period of five years after the date of (2) Be verified and signed in ■ 26. Amend § 2.175 by revising registration or date of publication under accordance with § 2.193(e)(6); and paragraph (b)(2) to read as follows: section 12(c) of the Act, and is still in (3) If the amendment involves a use in commerce; change in the mark: one new specimen § 2.175 Correction of mistake by owner. (d) Specify that there has been no per class showing the mark as used on * * * * * final decision adverse to the owner’s or in connection with the goods, (b) * * * claim of ownership of such mark for services, or collective membership (2) Be verified; and such goods, services, or collective organization; a verified statement that * * * * * membership organization, or to the the specimen was in use in commerce ■ 27. Amend § 2.183 by revising owner’s right to register the same or to at least as early as the filing date of the paragraphs (d) and (e) to read as follows: keep the same on the register; amendment; and a new drawing of the (e) Specify that there is no proceeding amended mark. When requested by the § 2.183 Requirements for a complete involving said rights pending in the Office, additional specimens must be renewal application. Office or in a court and not finally provided. * * * * * disposed of; (4) The Office may require the owner (d) If the renewal application covers (f) Be filed within one year after the to furnish such specimens, information, less than all the goods, services, or expiration of any five-year period of exhibits, and affidavits or declarations classes in the registration, then a list continuous use following registration or as may be reasonably necessary to the specifying the particular goods, services, publication under section 12(c) of the proper examination of the amendment. or classes to be renewed. Act; and (c) Registration must still contain (e) If at least one fee is submitted for (g) Include the fee required by § 2.6 registrable matter. The registration as a multiple-class registration, but the fee for each class to which the affidavit or amended must still contain registrable is insufficient to cover all the classes declaration pertains in the registration. matter, and the mark as amended must and the class(es) to which the fee(s) If no fee, or a fee insufficient to cover be registrable as a whole. should be applied are not specified, the at least one class, is filed at an (d) Amendment may not materially Office will issue a notice requiring appropriate time, the affidavit or alter the mark. An amendment or either the submission of additional declaration will not be refused if the disclaimer that materially alters the fee(s) or an indication of the class(es) to required fee(s) (see § 2.6) is filed in the character of the mark will not be which the original fee(s) should be Office within the time limit set forth in permitted, in accordance with section applied. Additional fee(s) may be the notification of this defect by the 7(e) of the Act. submitted if the requirements of § 2.185 Office. If the submitted fees are (e) Amendment of identification of are met. If the required fee(s) are not insufficient to cover all classes in the goods, services, or collective submitted and the class(es) to which the registration, the particular class or membership organization. No original fee(s) should be applied are not classes to which the affidavit or amendment in the identification of specified, the Office will presume that declaration pertains should be specified. goods or services, or description of the the fee(s) cover the classes in ascending (h) If the affidavit or declaration fails nature of the collective membership order, beginning with the lowest to satisfy any of the requirements in organization, in a registration will be numbered class. paragraphs (a) through (g) of this permitted except to restrict the * * * * * section, the owner will be notified in an identification or to change it in ways Office action that the affidavit or that would not require republication of ■ 28. Amend § 2.193 by revising declaration cannot be acknowledged. If the mark. paragraphs (c)(2), (e) introductory text, a response is not received within the (f) Amendment of certification (e)(1), and (f) to read as follows: statement for certification marks. An time period provided or does not satisfy § 2.193 Trademark correspondence and the requirements of the Office action, amendment of the certification signature requirements. the affidavit or declaration will be statement specified in § 2.45(a)(4)(i)(A) or (a)(4)(ii)(A) that would materially * * * * * abandoned. (c) * * * (i) If the affidavit or declaration alter the certification statement will not (2) Sign the document using some satisfies paragraphs (a) through (g) of be permitted, in accordance with other form of electronic signature this section, the Office will issue a section 7(e) of the Act. specified by the Director. notice of acknowledgement. (g) Conforming amendments may be (j) An affidavit or declaration may be required. If the registration includes a * * * * * abandoned by the owner upon petition disclaimer, description of the mark, or (e) Proper person to sign. Documents to the Director under § 2.146 either other miscellaneous statement, any filed in connection with a trademark before or after the notice of request to amend the registration must application or registration must be acknowledgement has issued. include a request to make any necessary signed by a proper person. Unless (k) If an affidavit or declaration is conforming amendments to the otherwise specified by law, the abandoned, the owner may file a new disclaimer, description, or other following requirements apply: affidavit or declaration with a new filing statement. (1) Verified statement of facts. A fee. (h) Elimination of disclaimer. No verified statement in support of an ■ 25. Amend § 2.173 by revising amendment seeking the elimination of a application for registration, amendment paragraphs (b) through (g) and adding disclaimer will be permitted, unless to an application for registration, paragraphs (h) and (i) to read as follows: deletion of the disclaimed portion of the allegation of use under § 2.76 or § 2.88, mark is also sought. request for extension of time to file a § 2.173 Amendment of registration. (i) No amendment to add or delete statement of use under § 2.89, or an * * * * * section 2(f) claim of acquired affidavit under section 8, 12(c), 15, or 71 (b) Requirements for request. A distinctiveness. An amendment seeking of the Act must satisfy the requirements request for amendment or disclaimer the addition or deletion of a claim of of § 2.2(n), and be signed by the owner must: acquired distinctiveness will not be or a person properly authorized to sign (1) Include the fee required by § 2.6; permitted. on behalf of the owner. A person who
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is properly authorized to verify facts on (d)(1) Include the fee required by § 7.6 (i) Additional requirements for a behalf of an owner is: for each class that the affidavit or collective mark: In addition to the above * * * * * declaration covers; requirements, a complete affidavit or (f) Signature as certification. The * * * * * declaration pertaining to a collective presentation to the Office (whether by (3) If at least one fee is submitted for mark must: signing, filing, submitting, or later a multiple-class registration, but the fee (1) State that the holder is exercising advocating) of any document by any is insufficient to cover all the classes legitimate control over the use of the person, whether a practitioner or non- and the class(es) to which the fee(s) mark in commerce; and practitioner, constitutes a certification should be applied are not specified, the under § 11.18(b) of this chapter. Office will issue a notice requiring (2) State the nature of the holder’s Violations of § 11.18(b) of this chapter either submission of the additional control over the use of the mark by the may jeopardize the validity of the fee(s) or specification of the class(es) to members in the first affidavit or application or registration, and may which the initial fee(s) should be declaration filed under paragraph (a) of result in the imposition of sanctions applied. Additional fees may be this section. under § 11.18(c) of this chapter. Any submitted if the requirements of § 7.39 (j) Additional requirements for a practitioner violating § 11.18(b) of this are met. If the additional fee(s) are not certification mark: In addition to the chapter may also be subject to submitted within the time period set out above requirements, a complete affidavit disciplinary action. See § 11.18(d) and in the Office action and the class(es) to or declaration pertaining to a § 11.804 of this chapter. which the original fee(s) should be certification mark must: * * * * * applied are not specified, the Office will presume that the fee(s) cover the classes (1) Include a copy of the certification PART 7—RULES OF PRACTICE IN in ascending order, beginning with the standards specified in § 2.45(a)(4)(i)(B) FILINGS PURSUANT TO THE lowest numbered class; of this chapter; PROTOCOL RELATING TO THE (e)(1) Specify the goods, services, or (i) Submitting certification standards MADRID AGREEMENT CONCERNING nature of the collective membership for the first time. In the first affidavit or THE INTERNATIONAL REGISTRATION organization for which the mark is in declaration filed under paragraph (a) of OF MARKS use in commerce, and/or the goods, this section, include a copy of the services, or nature of the collective certification standards; or ■ 29. The authority citation for part 7 membership organization for which (ii) Certification standards submitted continues to read as follows: excusable nonuse is claimed under in prior filing. If the certification Authority: 15 U.S.C. 1123, 35 U.S.C. 2, paragraph (f)(2) of this section; and unless otherwise noted. (2) Specify the goods, services, or standards in use at the time of filing the affidavit or declaration have not ■ 30. Amend § 7.1 by revising paragraph classes being deleted from the changed since the date they were (c) and adding paragraph (f) to read as registration, if the affidavit or follows: declaration covers fewer than all the previously submitted to the Office, goods, services, or classes in the include a statement to that effect; if the § 7.1 Definitions of terms as used in this registration; certification standards in use at the time part. (f)(1) State that the registered mark is of filing the affidavit or declaration have * * * * * in use in commerce; or changed since the date they were (c) The acronym TEAS means the (2) If the registered mark is not in use previously submitted to the Office, Trademark Electronic Application in commerce on or in connection with include a copy of the revised System, available at http:// all the goods, services, or classes certification standards; www.uspto.gov. specified in the registration, set forth the (2) State that the holder is exercising * * * * * date when such use of the mark in legitimate control over the use of the (f) The definitions specified in § 2.2(k) commerce stopped and the approximate mark in commerce; and and (n) of this chapter apply to this part. date when such use is expected to (3) Satisfy the requirements of ■ 31. Amend § 7.37 by revising resume; and recite facts to show that § 2.45(a)(4)(i)(A) and (C) of this chapter. paragraphs (b) introductory text, (b)(1), nonuse as to those goods, services, or (d)(1), (d)(3), (e), (f)(1), (g), and (h) and classes is due to special circumstances Dated: June 5, 2015. adding paragraphs (i) and (j) to read as that excuse the nonuse and is not due Russell Slifer, to an intention to abandon the mark; follows: Deputy Under Secretary of Commerce for and Intellectual Property and Deputy Director of § 7.37 Requirements for a complete (g) Include one specimen showing affidavit or declaration of use in commerce the United States Patent and Trademark how the mark is in use in commerce for Office. or excusable nonuse. each class in the registration, unless [FR Doc. 2015–14267 Filed 6–10–15; 8:45 am] * * * * * excusable nonuse is claimed under (b) Include a verified statement paragraph (f)(2) of this section. When BILLING CODE 3510–16–P attesting to the use in commerce or requested by the Office, additional excusable nonuse of the mark within the specimens must be provided. The period set forth in section 71 of the Act. specimen must meet the requirements of The verified statement must be executed § 2.56 of this chapter. on or after the beginning of the filing (h) The Office may require the holder period specified in § 7.36(b). A person to furnish such information, exhibits, who is properly authorized to sign on affidavits or declarations, and such behalf of the holder is: additional specimens as may be (1) A person with legal authority to reasonably necessary to the proper bind the holder; examination of the affidavit or * * * * * declaration under section 71 of the Act.
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ENVIRONMENTAL PROTECTION rulemaking action, we proposed to safety risks subject to Executive Order AGENCY approve (1) a September 9, 2011, SIP 13045 (62 FR 19885, April 23, 1997); submittal from the State of New Mexico • Is not a significant regulatory action 40 CFR Part 52 pertaining to the implementation, subject to Executive Order 13211 (66 FR [EPA–R06–OAR–2011–0821; FRL–9928–80– maintenance and enforcement of the 28355, May 22, 2001); Region 6] 2008 Pb NAAQS and (2) a July 31, 2014, • SIP submittal removing from the SIP the Is not subject to requirements of Approval and Promulgation of Air repealed New Mexico cement kilns rule. Section 12(d) of the National Quality Implementation Plans; State of The public comment period for the Technology Transfer and Advancement New Mexico; Infrastructure December 11, 2014, proposal (79 FR Act of 1995 (15 U.S.C. 272 note) because Requirements for the 2008 Lead 73512) expired on January 12, 2015, and application of those requirements would National Ambient Air Quality Standard we did not receive any comments be inconsistent with the Clean Air Act; and Repeal of Cement Kilns Rule concerning our proposal. Therefore, we and are finalizing our proposed action. • Does not provide EPA with the AGENCY: Environmental Protection discretionary authority to address, as II. Final Action Agency (EPA). appropriate, disproportionate human ACTION: Final rule. We are approving the September 9, health or environmental effects, using 2011, SIP submittal pertaining to practicable and legally permissible SUMMARY: Under the Federal Clean Air implementation, maintenance, and methods, under Executive Order 12898 Act (CAA), the Environmental enforcement of the 2008 Pb NAAQS. We (59 FR 7629, February 16, 1994). Protection Agency (EPA) is approving a are also approving the July 31, 2014, SIP State Implementation Plan (SIP) submittal which removes the repealed In addition, the SIP is not approved to submittal from the State of New Mexico New Mexico cement kilns rule (NMAC apply on any Indian reservation land or pertaining to the implementation, 20.2.12—Cement Kilns). in any other area where EPA or an maintenance, and enforcement of the Indian tribe has demonstrated that a 2008 National Ambient Air Quality III. Statutory and Executive Order tribe has jurisdiction. In those areas of Standards (NAAQS or standards) for Reviews Indian country, the rule does not have Lead (Pb). EPA is also approving a Under the Clean Air Act, the tribal implications and will not impose revision to the New Mexico SIP that Administrator is required to approve a substantial direct costs on tribal removes a repealed state-wide cement SIP submission that complies with the governments or preempt tribal law as kilns rule from the SIP. provisions of the Clean Air Act and specified by Executive Order 13175 (65 DATES: This final rule is effective on July applicable Federal regulations. 42 FR 67249, November 9, 2000). 13, 2015. U.S.C. 7410(k); 40 CFR 52.02(a). Thus, The Congressional Review Act, 5 ADDRESSES: EPA has established a in reviewing SIP submissions, EPA’s U.S.C. 801 et seq., as added by the Small docket for this action under Docket ID role is to approve state choices, Business Regulatory Enforcement No. EPA–R06–OAR–2011–0821. All provided that they meet the criteria of Fairness Act of 1996, generally provides documents in the docket are listed on the Clean Air Act. Accordingly, this that before a rule may take effect, the the http://www.regulations.gov Web action merely approves state law as agency promulgating the rule must site. Although listed in the index, some meeting Federal requirements and does submit a rule report, which includes a information is not publicly available, not impose additional requirements copy of the rule, to each House of the e.g., Confidential Business Information beyond those imposed by state law. For Congress and to the Comptroller General or other information whose disclosure is that reason, this action: of the United States. EPA will submit a restricted by statute. Certain other • Is not a ‘‘significant regulatory report containing this action and other material, such as copyrighted material, action’’ subject to review by the Office required information to the U.S. Senate, is not placed on the Internet and will be of Management and Budget under the U.S. House of Representatives, and publicly available only in hard copy Executive Orders 12866 (58 FR 51735, the Comptroller General of the United form. Publicly available docket October 4, 1993) and 13563 (76 FR 3821, States prior to publication of the rule in materials are available either January 21, 2011); the Federal Register. A major rule electronically through http:// • Does not impose an information cannot take effect until 60 days after it www.regulations.gov or in hard copy at collection burden under the provisions is published in the Federal Register. the Air Planning Section (6PD–L), of the Paperwork Reduction Act (44 This action is not a ‘‘major rule’’ as Environmental Protection Agency, 1445 U.S.C. 3501 et seq.); defined by 5 U.S.C. 804(2). Ross Avenue, Suite 700, Dallas, Texas • Is certified as not having a Under section 307(b)(1) of the Clean 75202–2733. significant economic impact on a Air Act, petitions for judicial review of FOR FURTHER INFORMATION CONTACT: substantial number of small entities this action must be filed in the United Sherry Fuerst, (214) 665–6454, under the Regulatory Flexibility Act (5 States Court of Appeals for the [email protected] (Pb SIP); or Alan U.S.C. 601 et seq.); appropriate circuit by August 10, 2015. Shar, (214) 665–6691, shar.alan@ • Does not contain any unfunded Filing a petition for reconsideration by epa.gov (cement kilns SIP revision). mandate or significantly or uniquely the Administrator of this final rule does SUPPLEMENTARY INFORMATION: affect small governments, as described not affect the finality of this action for Throughout this document wherever in the Unfunded Mandates Reform Act the purpose of judicial review nor does ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean of 1995 (Pub. L. 104–4); it extend the time within which a the EPA. • Does not have Federalism petition for judicial review may be filed, implications as specified in Executive and shall not postpone the effectiveness I. Background Order 13132 (64 FR 43255, August 10, of such rule or action. This action may The background for this action is 1999); not be challenged later in proceedings to discussed in detail in our December 11, • Is not an economically significant enforce its requirements. (See section 2014, proposal (79 FR 73512). In that regulatory action based on health or 307(b)(2)).
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List of Subjects in 40 CFR Part 52 PART 52—APPROVAL AND Regulations’’ is amended by removing PROMULGATION OF the entry ‘‘Part 12, Cement Kilns’’; and Environmental protection, Air IMPLEMENTATION PLANS ■ b. In paragraph (e), the second table pollution control, Incorporation by titled ‘‘EPA Approved Nonregulatory reference, Intergovernmental relations, ■ 1. The authority citation for part 52 Provisions and Quasi-Regulatory Lead, Reporting and recordkeeping continues to read as follows: Measures in the New Mexico SIP’’ is requirements. amended by adding an entry at the end Authority: 42 U.S.C. 7401 et seq. Dated: May 27, 2015. of the table for ‘‘Infrastructure and Transport for the 2008 Pb NAAQS’’. Ron Curry, Subpart GG—New Mexico The addition reads as follows: Regional Administrator, Region 6. ■ 2. In § 52.1620: § 52.1620 Identification of plan. Therefore, 40 CFR part 52 is amended ■ a. In paragraph (c), the first table titled * * * * * as follows: ‘‘EPA Approved New Mexico (e) * * *
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP
State sub- Name of SIP provision Applicable geographic or mittal/effec- EPA approval date Explanation nonattainment area tive date
******* Infrastructure and Transport for the Statewide (except Bernalillo County) 9/9/2011 June 11, 2015 [Insert Federal Reg- 2008 Pb NAAQS. ister citation].
[FR Doc. 2015–13954 Filed 6–10–15; 8:45 am] ADDRESSES: Submit your comments, name and other contact information in BILLING CODE 6560–50–P identified by Docket ID No. EPA–R07– the body of your comment and with any OAR–2015–0358, by one of the disk or CD–ROM you submit. If EPA following methods: cannot read your comment due to ENVIRONMENTAL PROTECTION 1. www.regulations.gov. Follow the technical difficulties and cannot contact AGENCY on-line instructions for submitting you for clarification, EPA may not be comments. able to consider your comment. 40 CFR Part 52 2. Email: [email protected] Electronic files should avoid the use of 3. Mail or Hand Delivery: Heather special characters, any form of Hamilton, Environmental Protection [EPA–R07–OAR–2015–0358; FRL–9928–90– encryption, and be free of any defects or Agency, Air Planning and Development Region–7] viruses. Branch, 11201 Renner Boulevard, Approval and Promulgation of Air Lenexa, Kansas 66219. Docket: All documents in the docket Quality Implementation Plans; Iowa; Instructions: Direct your comments to are listed in the www.regulations.gov Grain Vacuuming Best Management Docket ID No. EPA–R07–OAR–2015– index. Although listed in the index, Practices (BMPs) and Rescission 0358. EPA’s policy is that all comments some information is not publicly Rules received will be included in the public available, i.e., CBI or other information docket without change and may be whose disclosure is restricted by statute. AGENCY: Environmental Protection made available online at Certain other material, such as Agency (EPA). www.regulations.gov, including any copyrighted material, will be publicly ACTION: Direct final rule. personal information provided, unless available only in hard copy form. the comment includes information Publicly available docket materials are SUMMARY: The Environmental Protection claimed to be Confidential Business available either electronically in Agency (EPA) is taking direct final Information (CBI) or other information www.regulations.gov or in hard copy at action to approve revisions to the State whose disclosure is restricted by statute. the Environmental Protection Agency, Implementation Plan (SIP) for the State Do not submit through Air Planning and Development Branch, of Iowa to amend Best Management www.regulations.gov or email 11201 Renner Boulevard, Lenexa, Practices (BMPs) for grain vacuuming information that you consider to be CBI Kansas 66219. The Regional Office’s operations at Group 1 grain elevators. or otherwise protected. The Additional revisions to the SIP include official hours of business are Monday www.regulations.gov Web site is an through Friday, 8:00 a.m. to 4:30 p.m. revised definitions, revised ‘‘anonymous access’’ system, which requirements for Department forms, and excluding legal holidays. The interested means EPA will not know your identity persons wanting to examine these rescinding rule requirements and or contact information unless you references for conditional permits. documents should make an provide it in the body of your comment. appointment with the office at least 24 DATES: This direct final rule will be If you send an email comment directly hours in advance. effective August 10, 2015, without to EPA without going through further notice, unless EPA receives www.regulations.gov, your email FOR FURTHER INFORMATION CONTACT: adverse comment by July 13, 2015. If address will be automatically captured Heather Hamilton, Environmental EPA receives adverse comment, we will and included as part of the comment Protection Agency, Air Planning and publish a timely withdrawal of the that is placed in the public docket and Development Branch, 11201 Renner direct final rule in the Federal Register made available on the Internet. If you Boulevard, Lenexa, Kansas 66219 at informing the public that the rule will submit an electronic comment, EPA 913–551–7039, or by email at not take effect. recommends that you include your [email protected].
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SUPPLEMENTARY INFORMATION: permits throughout the SIP, and the criteria of the Clean Air Act. Throughout this document ‘‘we,’’ ‘‘us,’’ rescinding the air quality forms section. Accordingly, this action merely or ‘‘our’’ refer to EPA. This section Conditional permits were added to approves state law as meeting Federal provides additional information by the Iowa Code in the 1970s to facilitate requirements and does not impose addressing the following: electric utility rate setting. The Iowa additional requirements beyond those I. What is being addressed in this document? Utilities Board changed the rate setting imposed by state law. For that reason, II. Have the requirements for approval of a requirements so that conditional this action: SIP revision been met? permits were not needed. There is no • Is not a significant regulatory action III. What action is EPA taking? record of issuing a conditional permit to subject to review by the Office of IV. Statutory and Executive Order Reviews an electric facility; therefore, references Management and Budget under to conditional permits are being Executive Orders 12866 (58 FR 51735, I. What is being addressed in this removed with this action. October 4, 1993) and 13563 (76 FR 3821, document? References to obsolete and duplicative January 21, 2011); The State of Iowa requested EPA air quality forms are being removed • does not impose an information approval of revisions to the SIP to from the SIP. collection burden under the provisions amend Best Management Practices We are publishing this direct final of the Paperwork Reduction Act (44 (BMPs) for grain vacuuming operations rule without a prior proposed rule U.S.C. 3501 et seq.); at Group 1 grain elevators. Additional because we view this as a • is certified as not having a revisions to the SIP include revised noncontroversial action and anticipate significant economic impact on a definitions, revised requirements for no adverse comment. The revised BMPs substantial number of small entities Department forms, and rescinding rule were developed through a stakeholder under the Regulatory Flexibility Act (5 requirements and references for workgroup that was jointly organized by U.S.C. 601 et seq.); • conditional permits. IDNR, and grain elevator operators and does not contain any unfunded grain vacuum vendors. One comment These revisions were submitted in mandate or significantly or uniquely was received during the public two separate requests. The amendment affect small governments, as described comment period in support of the to the BMPs was effective on September in the Unfunded Mandates Reform Act revised BMPs. The remaining revisions 10, 2014, and received by EPA on of 1995 (Pub. L. 104–4); are largely administrative, and • November 20, 2014. The second request does not have Federalism consistent with Federal regulations. for additional revisions was effective on implications as specified in Executive However, in the ‘‘Proposed Rules’’ Order 13132 (64 FR 43255, August 10, April 22, 2015, and received by EPA on section of this Federal Register, we are May 4, 2015. Details with regard both 1999); publishing a separate document that • is not an economically significant submittals are included in the technical will serve as the proposed rule to regulatory action based on health or support document which is part of this approve the SIP revisions. If adverse safety risks subject to Executive Order docket. comments are received on this direct 13045 (62 FR 19885, April 23, 1997); II. Have the requirements for approval final rule we will not institute a second • is not a significant regulatory action of a SIP revision been met? comment period on this action. Any subject to Executive Order 13211 (66 FR parties interested in commenting must 28355, May 22, 2001); The state submission has met the do so at this time. For further • is not subject to requirements of public notice requirements for SIP information about commenting on this Section 12(d) of the National submissions in accordance with 40 CFR rule, see the ADDRESSES section of this Technology Transfer and Advancement 51.102. The submission also satisfied document. Act of 1995 (15 U.S.C. 272 note) because the completeness criteria of 40 CFR part application of those requirements would 51, appendix V. IV. Statutory and Executive Order be inconsistent with the Clean Air Act; Reviews III. What action is EPA taking? and In this rule, EPA is finalizing • does not provide EPA with the EPA is taking direct final action to regulatory text that includes discretionary authority to address, as approve revisions to State of Iowa State incorporation by reference. In appropriate, disproportionate human Implementation Plan (SIP). Chapter 22, accordance with requirements of 1 CFR health or environmental effects, using ‘‘Controlling Pollution,’’ is amended to 51.5, EPA is finalizing the incorporation practicable and legally permissible revise the Best Management Practices by reference of Iowa Regulations in methods, under Executive Order 12898 (BMPs) for Group 1 grain elevators to chapters 20, 22, 31, and 33 described in (59 FR 7629, February 16, 1994). include grain vacuuming operations. the direct final amendments to 40 CFR The SIP is not approved to apply on Group 1 grain elevators are country part 52 set forth below. EPA has made, any Indian reservation land or in any grain elevators, country grain terminal and will continue to make, these other area where EPA or an Indian tribe elevators, or grain terminal elevators documents generally available has demonstrated that a tribe has with the potential to emit less than 15 electronically through jurisdiction. In those areas of Indian tons of PM10 per year. Existing Group 1 www.regulations.gov and/or in hard country, the rule does not have tribal facilities are those that commenced copy at the appropriate EPA office (see implications and will not impose construction or reconstruction before the ADDRESSES section of this preamble substantial direct costs on tribal February 6, 2008; new facilities are for more information). governments or preempt tribal law as those that commenced construction Under the Clean Air Act, the specified by Executive Order 13175 (65 after February 6, 2008. Revised BMPs Administrator is required to approve a FR 67249, November 9, 2000). were included with the SIP submission. SIP submission that complies with the The Congressional Review Act, 5 Additional revisions made to the Iowa provisions of the Act and applicable U.S.C. 801 et seq., as added by the Small SIP include revising the definition of Federal regulations. 42 U.S.C. 7410(k); Business Regulatory Enforcement volatile organic compounds with the 40 CFR 52.02(a). Thus, in reviewing SIP Fairness Act of 1996, generally provides most recent Federally-approved date; submissions, EPA’s role is to approve that before a rule may take effect, the removing all references to conditional state choices, provided that they meet agency promulgating the rule must
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submit a rule report, which includes a it extend the time within which a PART 52—APPROVAL AND copy of the rule, to each House of the petition for judicial review may be filed, PROMULGATION OF Congress and to the Comptroller General and shall not postpone the effectiveness IMPLEMENTATION PLANS of the United States. EPA will submit a of such rule or action. This action may report containing this action and other not be challenged later in proceedings to ■ 1. The authority citation for part 52 required information to the U.S. Senate, enforce its requirements. (See section continues to read as follows: the U.S. House of Representatives, and 307(b)(2).) Authority: 42 U.S.C. 7401 et seq. the Comptroller General of the United List of Subjects in 40 CFR Part 52 States prior to publication of the rule in Subpart Q—Iowa the Federal Register. A major rule Environmental protection, Air cannot take effect until 60 days after it pollution control, Carbon monoxide, ■ is published in the Federal Register. Incorporation by reference, 2. In § 52.820(c), the table is amended This action is not a ‘‘major rule’’ as Intergovernmental relations, Lead, by revising the entries for ‘‘567–20.2’’, defined by 5 U.S.C. 804(2). Nitrogen dioxide, Ozone, Particulate ‘‘567–20.3’’, ‘‘567–22.1’’, ‘‘567–22.2’’, matter, Reporting and recordkeeping ‘‘567–22.3’’, ‘‘567–22.10’’, ‘‘567–31.20’’, Under section 307(b)(1) of the Clean requirements, Sulfur oxides, Volatile and ‘‘567–33.3’’ to read as follows: Air Act, petitions for judicial review of organic compounds. this action must be filed in the United § 52.820 Identification of plan. Dated: May 28, 2015. States Court of Appeals for the * * * * * appropriate circuit by August 10, 2015. Mark Hague, Filing a petition for reconsideration by Acting Regional Administrator, Region 7. (c) * * * the Administrator of this final rule does For the reasons stated in the not affect the finality of this action for preamble, EPA amends 40 CFR part 52 the purposes of judicial review nor does as set forth below:
EPA-APPROVED IOWA REGULATIONS
State Iowa citation Title effective EPA approval date Explanation date
Iowa Department of Natural Resources Environmental Protection Commission (567) Chapter 20—Scope of Title-Definitions-Forms-Rule of Practice
******* 567–20.2 ...... Definitions ...... 4/22/15 6/11/15 and [Insert Fed- eral Register citation]. 567–20.3 ...... Air Quality Forms Generally ...... 4/22/15 6/11/15 and [Insert Fed- eral Register citation].
*******
Chapter 22—Controlling Pollution
567–22.1 ...... Permits required for New or Existing Stationary 4/22/15 6/11/15 and [Insert Fed- Source. eral Register citation]. 567–22.2 ...... Processing Permit Applications ...... 4/22/15 6/11/15 and [Insert Fed- eral Register citation]. 567–22.3 ...... Issuing Permits ...... 4/22/15 6/11/15 and [Insert Fed- eral Register citation].
******* 567–22.10 ...... Permitting Requirements for Country Grain Ele- 9/10/14 6/11/15 and [Insert Fed- vators, Country Grain Terminal Elevators, Grain eral Register citation]. Terminal Elevators and Feed Mill Equipment.
*******
Chapter 31—Nonattainment Areas
******* 567–31.20 ...... Special Requirements for Nonattainment Areas Des- 4/22/15 6/11/15 and [Insert Fed- ignated Before May 18, 1998. (Originally Adopted eral Register citation]. in 567–22.5).
Chapter 33—Special Regulations and Construction Permit Requirements for Major Stationary Sources—Prevention of Significant Deterioration (PSD) of Air Quality
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EPA-APPROVED IOWA REGULATIONS—Continued
State Iowa citation Title effective EPA approval date Explanation date
******* 567–33.3 ...... Special Construction Permit Requirements for Major 4/22/14 6/11/15 and [Insert Fed- Stationary Sources in Areas Designated Attain- eral Register citation]. ment or Unclassified (PSD).
*******
* * * * * notify the public that this direct final electronically at www.regulations.gov [FR Doc. 2015–14089 Filed 6–10–15; 8:45 am] rule will not take effect. and in hard copy at EPA Region IX, 75 BILLING CODE 6560–50–P ADDRESSES: Submit comments, Hawthorne Street, San Francisco, identified by docket number EPA–R09– California 94105–3901. While all OAR–2015–0246, by one of the documents in the docket are listed at ENVIRONMENTAL PROTECTION following methods: www.regulations.gov, some information AGENCY 1. Federal eRulemaking Portal: may be publicly available only at the www.regulations.gov. Follow the on-line hard copy location (e.g., copyrighted 40 CFR Part 52 instructions. material, large maps), and some may not [EPA–R09–OAR–2015–0246; FRL–9928–09– 2. Email: [email protected]. be publicly available in either location Region 9] 3. Mail or deliver: Andrew Steckel (e.g., CBI). To inspect the hard copy (Air-4), U.S. Environmental Protection materials, please schedule an Revisions to the California State Agency Region IX, 75 Hawthorne Street, appointment during normal business Implementation Plan, Butte County Air San Francisco, CA 94105–3901. hours with the contact listed in the FOR Quality Management District, Feather Instructions: All comments will be FURTHER INFORMATION CONTACT section. River Air Quality Management District, included in the public docket without FOR FURTHER INFORMATION CONTACT: and San Luis Obispo County Air change and may be made available Arnold Lazarus, EPA Region IX, (415) Pollution Control District online at www.regulations.gov, 972–3024 [email protected]. including any personal information SUPPLEMENTARY INFORMATION: AGENCY: Environmental Protection provided, unless the comment includes Throughout this document, ‘‘we,’’ ‘‘us,’’ Agency (EPA). Confidential Business Information (CBI) and ‘‘our’’ refer to the EPA. ACTION: Direct final rule. or other information whose disclosure is restricted by statute. Information that Table of Contents SUMMARY: The Environmental Protection you consider CBI or otherwise protected I. The State’s Submittal Agency (EPA) is proposing to approve should be clearly identified as such and revisions to the Butte County Air A. What rules did the State submit? should not be submitted through B. Are there other versions of these rules? Quality Management District www.regulations.gov or email. C. What is the purpose of the submitted (BCAQMD), Feather River Air Quality www.regulations.gov is an ‘‘anonymous rules? Management District (FRAQMD), and access’’ system, and the EPA will not II. The EPA’s Evaluation and Action San Luis Obispo County Air Pollution know your identity or contact A. How is the EPA evaluating the rules? Control District (SLOCAPCD) portions information unless you provide it in the B. Do the rules meet the evaluation of the California State Implementation body of your comment. If you send criteria? Plan (SIP). These revisions concern email directly to the EPA, your email C. The EPA Recommendations To Further Improve the Rules emission statements, definitions, and address will be automatically captured vehicle and mobile equipment coating D. Public Comment and Final Action and included as part of the public III. Incorporation by Reference operations (VMECO). We are approving comment. If the EPA cannot read your IV. Statutory and Executive Order Reviews local rules that regulate these emission comment due to technical difficulties sources under the Clean Air Act (CAA and cannot contact you for clarification, I. The State’s Submittal or the Act). the EPA may not be able to consider A. What rules did the State submit? DATES: This rule is effective on August your comment. Electronic files should 10, 2015 without further notice, unless avoid the use of special characters, any Table 1 lists the rules addressed by the EPA receives adverse comments by form of encryption, and be free of any this action with the dates that they were July 13, 2015. If we receive such defects or viruses. adopted by the local air agencies and comments, we will publish a timely Docket: Generally, documents in the submitted by the California Air withdrawal in the Federal Register to docket for this action are available Resources Board (CARB).
TABLE 1—SUBMITTED RULES
Adopted/ Local agency Rule No. Rule title Amended Submitted
BCAQMD ...... 101 Definitions ...... 4/24/14 11/06/14 BCAQMD ...... 434 Emissions Statements...... 4/25/13 2/10/14 FRAQMD ...... 3.19 Vehicle and Mobile Equipment Coating Operations ...... 8/01/11 2/10/14 SLOCAPCD ...... 222 Federal Emission Statement ...... 5/28/14 11/06/14
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On May 5, 2014, the EPA determined the Clean Air Act Amendments of 1990,’’ (57 have to implement RACT because no that the submittal for BCAQMD Rule FR 13498, April 16, 1992 and 57 FR 18070, CTGs apply to the source category and 434 and FRAQMD Rule 3.19 met the April 28, 1992). there are no major sources in the non- 2. ‘‘Issues Relating to VOC Regulation completeness criteria in 40 CFR part 51 Cutpoints, Deficiencies, and Deviations’’ attainment area that the rule addresses. Appendix V, which must be met before (‘‘the Bluebook,’’ U.S. EPA, May 25, 1988; RACT is not required of the other rules formal EPA review. On December 18, revised January 11, 1990). addressed in this action because they 2014, the EPA determined that 3. ‘‘Guidance Document for Correcting are not intended to directly control BCAQMD Rule 101 and SLOCAPCD Common VOC & Other Rule Deficiencies’’ emissions. Rule 222 met the completeness criteria. (‘‘the Little Bluebook’’, EPA Region 9, August As noted above, CAA section 21, 2001). 182(a)(3)(B)(i) requires all states with B. Are there other versions of these 4. EPA’s draft ‘‘Guidance on the ozone nonattainment areas classified rules? Implementation of an Emission Statement Program,’’ July 1992. under subpart 2 (of part D of title I), i.e., There are no previous versions of 5. FRAQMD ‘‘Reasonably Available as Marginal, Moderate, Serious, etc., to BCAQMD Rule 434, FRAQMD Rule Control Technology Analysis and Negative submit SIP revisions that require owners 3.19, and SLOCAPCD Rule 222 in the Declaration’’, July 3, 2014. and operators of stationary sources of SIP. We approved an earlier version of 6. National Volatile Organic Compound VOCs and NOX to provide the state with BCAQMD Rule 101 into the SIP on Emission Standards, 40 CFR 59.102, Subpart a statement showing the actual February 3, 1987 (52 FR 3226). B, Table 1, VOC Content Limits for emissions from that source. The EPA Automobile Refinish Coatings. C. What is the purpose of the submitted 7. California Air Resources Board (CARB) has designated all or portions of rules? Resolution 05–46, October 20, 2005, BCAQMD and SLOCAPCD as Marginal Attachment A, ‘‘Suggested Control Measure nonattainment areas for the 1997 or the Volatile Organic Compounds (VOCs) for Automotive Coatings,’’ Section 4.1 2008 8-hour ozone standards. See 40 help produce ground-level ozone and ‘‘Coating Limits.’’ CFR 81.305. Thus, BCAQMD Rule 434 smog, which harm human health and 8. South Coast Air Quality Management and SLOCAPCD Rule 222 are required the environment. Section 110(a) of the District Rule 1151, Motor Vehicle and Motor SIP revisions. Based on our evaluation CAA requires States to submit Equipment Non-Assembly Line Coating of these two emissions statement rules, regulations that control VOC emissions. Operations, amended December 2, 2005, and approved into the SIP on September 24, 2013 we find that they meet the requirements BCAQMD Rule 101, ‘‘Definitions’’ is of CAA section 182(a)(3)(B)(i). amended by adding new definitions and (78 FR 58459.) 9. San Joaquin Valley Unified Air Pollution revising existing definitions which B. Do the rules meet the evaluation Control District Rule 4612, Motor Vehicle criteria? improve clarity and enforceability of and Mobile Equipment Coating Operations, other BCAQMD rules which reduce amended October 21, 2010, and approved We believe these rules are consistent emissions. into the SIP on February 13, 2012 (77 FR with the relevant policy and guidance BCAQMD Rule 434 and SLOCAPCD 7536.) regarding enforceability, rule stringency, Rule 222 require ‘‘Emissions 10. Ventura County Air Quality and SIP relaxations. The TSDs have Management District, Rule 74.18, Motor Statements.’’ CAA section 182(a)(3)(B)(i) more information on our evaluation. directs ozone nonattainment areas to Vehicle and Mobile Equipment Coating Operations amended November 11, 2008, and require certified emission data from C. EPA Recommendations To Further approved into the SIP on September 24, 2013 Improve the Rules sources of VOCs and oxides of nitrogen (78 FR 58459.) (NOX). The TSDs describe additional rule Generally, SIP rules must require FRAQMD Rule 3.19, Vehicle and revisions that we recommend for the Reasonably Available Control Mobile Equipment Coating Operations, next time the local agency modifies the Technology (RACT) for each category of establishes limits on the emission of rules but are not currently the basis for sources covered by a Control VOC from VMECO. rule disapproval. The EPA’s technical support Techniques Guidelines (CTG) document documents (TSDs) have more as well as each VOC major source in D. Public Comment and Final Action information about these rules. ozone nonattainment areas classified as As authorized in section 110(k)(3) of moderate or above (see sections II. EPA’s Evaluation and Action the Act, the EPA is fully approving the 182(b)(2) and 182(f)). submitted rules because we believe they The FRAQMD covers both Yuba and A. How is the EPA evaluating the rules? fulfill all relevant requirements.1 We do Sutter Counties, and the EPA has not think anyone will object to this SIP rules must be enforceable (see designated a portion of the FRAQMD approval, so we are finalizing it without CAA section 110(a)(2)), must not (specifically, southern Sutter County) as proposing it in advance. However, in interfere with applicable requirements a Severe nonattainment area for the 1- concerning attainment and reasonable hour ozone standard and the 1997 and 1 BCAQMD Rule 434, FRAQMD Rule 3.19, and further progress or other CAA 2008 8-hour ozone national ambient air SLOCAPCD Rule 222 are all new to the SIP and requirements (see CAA section 110(l)), quality standards (NAAQS or thus would not supersede any existing SIP rules. and must not modify certain SIP control standards). See 40 CFR 81.305. Upon the effective date of this final action, requirements in nonattainment areas BCAQMD Rule 101 would supersede existing SIP Therefore, FRAQMD must implement BCAQMD Rules 101 (‘‘Title’’) and 102 without ensuring equivalent or greater RACT for at least portions of the (‘‘Definitions’’), approved at 52 FR 3226 (February emissions reductions (see CAA section District. The EPA believes that 3, 1987), in the applicable California SIP, except for 193). FRAQMD Rule 3.19 does not implement the following definitions from existing SIP Guidance and policy documents that BCAQMD Rule 102: ‘‘approved ignition devices,’’ RACT-level requirements. However, on ‘‘open out-door fire,’’ ‘‘permissive burn day,’’ we use to evaluate enforceability, September 29, 2014, CARB submitted to ‘‘range improvement burning,’’ ‘‘submerged fill revision/relaxation and rule stringency the EPA on behalf of FRAQMD, pipe,’’ and ‘‘vapor recovery system.’’ While these requirements for the applicable criteria ‘‘Reasonably Available Control terms are no longer included in BCAQMD’s pollutants include the following: definitions rule (i.e., Rule 101), they are relied upon Technology Analysis and Negative by certain existing SIP prohibitory rules, such as 1. ‘‘State Implementation Plans; General Declaration,’’ dated July 3, 2014, which existing SIP BCAQMD Rules 213, 215, 302, 313, Preamble for the Implementation of Title I of demonstrates that Rule 3.19 does not 317, and 323.
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the Proposed Rules section of this of the Paperwork Reduction Act (44 Under section 307(b)(1) of the Clean Federal Register, we are simultaneously U.S.C. 3501 et seq.); Air Act, petitions for judicial review of proposing approval of the same • is certified as not having a this action must be filed in the United submitted rules. If we receive adverse significant economic impact on a States Court of Appeals for the comments by July 13, 2015, we will substantial number of small entities appropriate circuit by August 10, 2015. publish a timely withdrawal in the under the Regulatory Flexibility Act (5 Filing a petition for reconsideration by Federal Register to notify the public U.S.C. 601 et seq.); the Administrator of this final rule does that the direct final approval will not • does not contain any unfunded not affect the finality of this action for take effect and we will address the mandate or significantly or uniquely the purposes of judicial review nor does comments in a subsequent final action affect small governments, as described it extend the time within which a based on the proposal. If we do not in the Unfunded Mandates Reform Act petition for judicial review may be filed, receive timely adverse comments, the of 1995 (Pub. L. 104–4); and shall not postpone the effectiveness • direct final approval will be effective does not have Federalism of such rule or action Parties with without further notice on August 10, implications as specified in Executive objections to this direct final rule are 2015. This will incorporate these rules Order 13132 (64 FR 43255, August 10, encouraged to file a comment in into the federally enforceable SIP. 1999); response to the parallel notice of • is not an economically significant Please note that if the EPA receives proposed rulemaking for this action regulatory action based on health or adverse comment on an amendment, published in the Proposed Rules section safety risks subject to Executive Order paragraph, or section of this rule and if of this Federal Register, rather than file 13045 (62 FR 19885, April 23, 1997); an immediate petition for judicial that provision may be severed from the • is not a significant regulatory action review of this direct final rule, so that remainder of the rule, the EPA may subject to Executive Order 13211 (66 FR the EPA can withdraw this direct final adopt as final those provisions of the 28355, May 22, 2001); rule that are not the subject of an • is not subject to requirements of rule and address the comment in the adverse comment. Section 12(d) of the National proposed rulemaking. This action may not be challenged later in proceedings to III. Incorporation by Reference Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because enforce its requirements (see section In this rule, the EPA is finalizing application of those requirements would 307(b)(2)). regulatory text that includes be inconsistent with the Clean Air Act; List of Subjects in 40 CFR Part 52 incorporation by reference. In and Environmental protection, Air accordance with requirements of 1 CFR • does not provide the EPA with the pollution control, Incorporation by 51.5, the EPA is finalizing the discretionary authority to address, as reference, Intergovernmental relations, incorporation by reference of the appropriate, disproportionate human Nitrogen dioxide, Ozone, Particulate BCAQMD, FRAQMD and SLOCAPCD health or environmental effects, using matter, Reporting and recordkeeping rules described in the amendments to 40 practicable and legally permissible requirements, Volatile organic CFR part 52 set forth below. The EPA methods, under Executive Order 12898 compounds. has made, and will continue to make, (59 FR 7629, February 16, 1994). these documents generally available In addition, the SIP is not approved Dated: May 8, 2015. electronically through to apply on any Indian reservation land Alexis Strauss, www.regulations.gov and in hard copy or in any other area where the EPA or Acting Regional Administrator, Region IX. at the appropriate EPA office (see the an Indian tribe has demonstrated that a ADDRESSES section of this preamble for tribe has jurisdiction. In those areas of Part 52, chapter I, title 40 of the Code more information). Indian country, the rule does not have of Federal Regulations is amended as follows: IV. Statutory and Executive Order tribal implications and will not impose Reviews substantial direct costs on tribal PART 52—APPROVAL AND governments or preempt tribal law as Under the Clean Air Act, the PROMULGATION OF specified by Executive Order 13175 (65 IMPLEMENTATION PLANS Administrator is required to approve a FR 67249, November 9, 2000). SIP submission that complies with the The Congressional Review Act, 5 ■ 1. The authority citation for part 52 provisions of the Act and applicable U.S.C. 801 et seq., as added by the Small continues to read as follows: Federal regulations. 42 U.S.C. 7410(k); Business Regulatory Enforcement 40 CFR 52.02(a). Thus, in reviewing SIP Fairness Act of 1996, generally provides Authority: 42 U.S.C. 7401 et seq. submissions, the EPA’s role is to that before a rule may take effect, the Subpart F—California approve state choices, provided that agency promulgating the rule must they meet the criteria of the Clean Air submit a rule report, which includes a ■ 2. Section 52.220, is amended by Act. Accordingly, this action merely copy of the rule, to each House of the adding paragraphs (c)(442) (i)(E)(4) and approves state law as meeting Federal Congress and to the Comptroller General (G) and (c)(457)(i)(C) and (D) to read as requirements and does not impose of the United States. The EPA will follows: additional requirements beyond those submit a report containing this action imposed by state law. For that reason, and other required information to the § 52.220 Identification of plan. this action: U.S. Senate, the U.S. House of * * * * * • Is not a significant regulatory action Representatives, and the Comptroller (c) * * * subject to review by the Office of General of the United States prior to (442) * * * Management and Budget under publication of the rule in the Federal (i) * * * Executive Orders 12866 (58 FR 51735, Register. A major rule cannot take effect (E) * * * October 4, 1993) and 13563 (76 FR 3821, until 60 days after it is published in the (4) Rule 3.19, ‘‘Vehicle and Mobile January 21, 2011); Federal Register. This action is not a Equipment Coating Operations,’’ • does not impose an information ‘‘major rule’’ as defined by 5 U.S.C. amended on August 1, 2011. collection burden under the provisions 804(2). * * * * *
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(G) Butte County Air Quality DEPARTMENT OF HEALTH AND § 153.210, remove paragraphs (a)(2)(i) Management District. HUMAN SERVICES through (iii). (1) Rule 434, ‘‘Emission Statements,’’ [FR Doc. 2015–14262 Filed 6–10–15; 8:45 am] adopted on April 25, 2013. 45 CFR Part 153 BILLING CODE 1505–01–D * * * * * (457) * * * Standards Related to Reinsurance, (i) * * * Risk Corridors, and Risk Adjustment (C) * * * Under the Affordable Care Act (1) Rule 101, ‘‘Definitions,’’ amended on April 24, 2014. CFR Correction (D) San Luis Obispo County Air Pollution Control District. ■ In Title 45 of the Code of Federal (1) Rule 222, ‘‘Federal Emission Regulations, Parts 1 to 199, revised as of Statement,’’ adopted on May 28, 2014. October 1, 2014, on page 781, in * * * * * [FR Doc. 2015–14079 Filed 6–10–15; 8:45 am] BILLING CODE 6560–50–P
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Proposed Rules Federal Register Vol. 80, No. 112
Thursday, June 11, 2015
This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: Joan procedures for an individual to request contains notices to the public of the proposed Durocher, General Counsel, National access to or amendment of information issuance of rules and regulations. The Council on Disability, at 202–272–2004 about him or herself maintained in a purpose of these notices is to give interested or [email protected]. system of records. This proposed persons an opportunity to participate in the rulemaking describes the Council’s rule making prior to the adoption of the final SUPPLEMENTARY INFORMATION: Please rules. note that all comments received are procedures for providing individuals considered part of the public record and access to their records or to request made available for public inspection amendment of those records, including NATIONAL COUNCIL ON DISABILITY online at http://www.regulations.gov. the timeframes for response and any Information made available to the applicable fees. 5 CFR Chapter C public includes personally identifying The Sunshine Act requires public information (such as your name, meetings for the deliberations of federal RIN 3480–AA00 address, etc.) voluntarily submitted by agencies headed by collegial bodies the commenter. Additional information comprised of members. Agencies subject Freedom of Information Act, Privacy about the handling of personally to the Sunshine Act must publish Act, and Government in the Sunshine identifiable information submitted for procedures for such public meetings. As Act Procedures the public record is available in the an agency headed by a Council system of records notice for the federal comprised entirely of individuals AGENCY: National Council on Disability. dockets management system, EPA– appointed by the President and ACTION: Notice of proposed rulemaking GOVT–2, published in the Federal Congress, the Council is subject to the (NPRM). Register at 70 FR 15086 (March 24, Sunshine Act and must publish a 2005). rulemaking to implement its public SUMMARY: The National Council on meeting procedures, including Disability is proposing regulations to I. Background procedures to close meetings when implement the Freedom of Information The National Council on Disability permitted by the Sunshine Act. Act, the Privacy Act of 1974, and the (Council) was statutorily created in 1978 Most of the proposed regulatory Government in the Sunshine Act. This through amendment to the provisions contained in this notice of proposed rulemaking describes the Rehabilitation Act of 1973 (29 U.S.C. proposed rulemaking are drawn directly procedures for members of the public to 780 et seq.). The statute was amended from requirements specified in the request access to records. In addition, by the Workforce Innovation and FOIA, Privacy Act, and Sunshine Act. In this document also proposes procedures Opportunity Act (Pub. L. 113–128) in addition, the Council modeled its for the Council’s responses to these 2014. Since 1984, the Council has been proposed procedures on those already requests, including the timeframe for an independent agency outside adopted by other federal agencies to response and applicable fees. These Executive departments that neither incorporate for its own use those rules should be read in conjunction regulates nor adjudicates. The Council practices that represent ‘‘best practices’’ with the text of the Freedom of is charged with advising the President, for FOIA, Privacy Act, and Sunshine Information Act, the Privacy Act of Congress, and other federal agencies Act administration. 1974, the Government in the Sunshine regarding policies, programs, practices, II. Regulatory Analysis and Notices Act, and the Uniform Freedom of and procedures that affect people with Information Fee Schedule and disabilities. Executive Order 12866 Guidelines published by the Office of This rulemaking action would Management and Budget. This proposal is not a ‘‘significant implement the Council’s procedures regulatory action’’ within the meaning DATES: You must submit comments on required under the Freedom of of Executive Order 12866. The or before August 10, 2015. Information Act (FOIA), 5 U.S.C. 552, as economic impact of these regulations ADDRESSES: You may submit comments, amended; the Privacy Act of 1974 should be minimal, therefore, further identified by the docket number in the (Privacy Act), 5 U.S.C. 552a, as economic evaluation is not necessary. heading of this document, by the amended; and the Government in the following methods: Sunshine Act (Sunshine Act), 5 U.S.C. Regulatory Flexibility Act, as Amended • Federal eRulemaking Portal: Go to 552b, as amended. The FOIA requires The Regulatory Flexibility Act, as http://www.regulations.gov. Follow the agencies to implement procedures for amended by the Small Business online instructions for submitting public access to records. This proposed Regulatory Enforcement Act of 1996 (5 comments. rulemaking describes the procedures for U.S.C. 601 et seq.), generally requires an • Mail: Written comments may be members of the public to request access agency to prepare a regulatory flexibility submitted by mail to: National Council to records. In addition, this document analysis for any rule subject to notice on Disability, ATTN: Joan Durocher, also proposes procedures for the and comment rulemaking under the 1331 F Street NW., Suite 850, Council’s responses to these requests, Administrative Procedure Act or any Washington, DC 20004. including the timeframe for response other statute, unless the agency certifies To ensure proper handling, please and applicable fees. that the rule will not have a significant include the docket number on your The Privacy Act imposes economic impact on a number of small correspondence. See SUPPLEMENTARY requirements on agencies that maintain entities. Small entities include small INFORMATION for further information systems of records pertaining to businesses, small organizations, and about submitting comments. individuals. These requirements include small government jurisdictions. The
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Council considered the effects on this 5 CFR Part 10002 by the Workforce Innovation and proposed rulemaking on small entities Administrative practice and Opportunity Act (Pub. L. 113–128) in and certifies that these proposed rules procedure, Public availability of 2014. will not have a significant impact on a information, Meetings. Direct costs are those expenses that an substantial number of small entities. In consideration of the foregoing, the agency incurs in searching for and Unfunded Mandates Reform Act of 1995 Council proposes to amend title 5, Code duplicating (and, in the case of of Federal Regulations, by establishing commercial use requests, reviewing) The Unfunded Mandates Reform Act records in order to respond to a FOIA of 1995 (UMRA), Public Law 104–4, chapter C, consisting of parts 10000– 10049, to read as follows: request. For example, direct costs requires each agency to assess the include the salary of the employee effects of its regulatory actions on state, CHAPTER C—NATIONAL COUNCIL ON performing the work (i.e., the basic rate local, and tribal governments, and the DISABILITY of pay for the employee, plus 16 percent private sector. Agencies must prepare a of that rate to cover benefits) and the PART 10000—PROCEDURES FOR written statement of economic and cost of operating computers and other DISCLOSURE OF RECORDS UNDER regulatory alternatives anytime a electronic equipment, such as THE FREEDOM OF INFORMATION ACT proposed or final rule imposes a new or photocopiers and scanners. Direct costs additional enforceable duty on any Sec. do not include overhead expenses such state, local, or tribal government or the 10000.1 Purpose and scope. as the costs of space, and of heating or private sector that causes those entities 10000.2 Definitions. lighting a facility. to spend, in aggregate, $100 million or 10000.3 Availability of records. Educational institution means a more (adjusted for inflation) in any one 10000.4 Categories of exemptions. preschool, a public or private year (defined in UMRA as a ‘‘federal 10000.5 Requests for records. elementary or secondary school, an 10000.6 Responsibility for responding to mandate’’). The Council determined that institution of undergraduate or graduate such a written statement is not required requests. 10000.7 Administrative appeals. higher education, an institution of in connection with these proposed rules professional education, or an institution because they will not impose a federal 10000.8 Timeframe for Council’s response to a FOIA request or administrative of vocational education, which operates mandate, as defined in UMRA. appeal. a program or programs of scholarly National Environmental Policy Act 10000.9 Business information. research. A requester in this fee category 10000.10 Fees. The Council analyzed this action for must show that the request is authorized purposes of the National Environmental Authority: 5 U.S.C. 552, as amended; by, and is made under the auspices of, Policy Act of 1969, 42 U.S.C. 4321 et Executive Order 12600, 52 FR 23781, 3 CFR, an educational institution and that the 1987 Comp., p. 235. seq., and determined that it would not records are not sought for a commercial use, but rather are sought to further significantly affect the environment; § 10000.1 Purpose and scope. scholarly research. To fall within this therefore, an environmental impact The regulations in this part statement is not required. fee category, the request must serve the implement the provisions of the FOIA. scholarly research goals of the Paperwork Reduction Act § 10000.2 Definitions. institution rather than an individual Under the Paperwork Reduction Act The following definitions apply to research goal. of 1995 (PRA), 44 U.S.C. 3501 et seq., this part: (1) Example 1. A request from a federal agencies must obtain approval Chairperson means the Chairperson of professor of geology at a university for from the Office of Management and the Council, as appointed by the records relating to soil erosion, written Budget for each collection of President, or any person to whom the on letterhead of the Department of information they conduct, sponsor, or Council has delegated authority for the Geology, would be presumed to be from require through regulations. This matter concerned. an educational institution. proposed action does not include an Chief FOIA Officer means the senior (2) Example 2. A request from the information collection for purposes of official to whom the Council delegated same professor of geology seeking drug the PRA. responsibility for efficient and information from the Food and Drug Administration in furtherance of a Executive Order 13132 (Federalism) appropriate compliance with the FOIA, currently delegated to the General murder mystery he is writing would not This action has been analyzed in Counsel. be presumed to be an institutional accordance with the principles and Commercial use request means a request, regardless of whether it was criteria contained in Executive Order FOIA request from or on behalf of a written on institutional stationery. 13132, dated August 4, 1999, and the requester that seeks information for a (3) Example 3. A student who makes Council determined that it does not use or purpose that furthers their a request in furtherance of the have sufficient implications for commercial, trade, or profit interests, completion of a course of instruction federalism to warrant the preparation of including pursuit of those interests would be presumed to be carrying out a Federalism Assessment. through litigation. an individual research goal, rather than List of Subjects Confidential business information a scholarly research goal of the means trade secrets or confidential or institution and would not qualify as part 5 CFR Part 10000 privileged commercial or financial of this fee category. Administrative practice and information submitted to the Council by Fee waiver means the waiver or procedure, Freedom of information, a person that may be protected from reduction of fees if a requester can Confidential business information, disclosure under Exemption 4 of the demonstrate meeting the statutory Privacy. FOIA. standard that the information is in the Council means the National Council public interest because it is likely to 5 CFR Part 10001 on Disability, established by the contribute significantly to public Administrative practice and Rehabilitation Act of 1973 (29 U.S.C. understanding of the operations or procedure, Privacy. 780 et seq.), as amended, and amended activities of the government and is not
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primarily in the commercial interest of evidence that publication is expected; (3) Specifically exempted from the requester. however, components shall also disclosure by statute (other than the FOIA means the Freedom of consider a requester’s past publication Government in the Sunshine Act, 5 Information Act, 5 U.S.C. 552, as record in making this determination. U.S.C. 552b, as amended), provided that amended. The FOIA applies to requests Requester category means one of the such statute: for agency records. three categories defined by the Uniform (i)(A) Requires that the matters be FOIA Officer means the individual to Freedom of Information Fee Schedule withheld from the public in such a whom the Council has delegated and Guidelines published by the Office manner as to leave no discretion on the authority to carry out the Council’s day- of Management and Budget (OMB Fee issue; or to-day FOIA administration, currently Guidelines) in which requesters will be (B) establishes particular criteria for delegated to the Council’s Attorney placed for the purpose of determining withholding or refers to particular types Advisor. what if any fees for search, review, or of matters to be withheld; and FOIA Public Liaison means the duplication may be assessed. They are: (ii) If enacted after October 28, 2009, individual designated by the (1) Commercial requestors; specifically cites to Exemption 3 of the Chairperson to assist FOIA requesters (2) Non-commercial scientific or FOIA, 5 U.S.C. 552(b)(3); with concerns about the Council’s educational institutions or (4) Trade secrets and commercial or processing of their FOIA request, representatives of the news media; and financial information obtained from a including assistance in resolving (3) All other requestors. person and privileged or confidential; disputes, currently delegated to the Submitter means any person or entity (5) Inter-agency or intra-agency Council’s Attorney Advisor. from whom the Council obtains Non-commercial scientific institution memoranda or letters, which would not confidential or privileged business be available at law to a party other than means an organization operated solely information, directly or indirectly. for the purpose of conducting scientific an agency in litigation with the Council; Unusual circumstances exist when: (6) Personnel and medical files and research, the results of which are not (1) The need to search for and collect intended to promote any product or similar files the disclosure of which the requested records from physically would constitute a clearly unwarranted research, and not operated on a separate facilities; commercial basis. invasion of personal privacy; (2) The need to search for, collect and (7) Records or information compiled Person includes an individual, appropriately examine a voluminous partnership, corporation, association, or for law enforcement purposes, but only amount of separate and distinct records to the extent that the production of such public or private organization other than which are demanded in a single request; an agency. law enforcement records or information: or (i) Could reasonably be expected to Record means any writing, drawing, (3) The need for consultation, which map, recording, diskette, DVD, CD– interfere with enforcement proceedings; shall be conducted with all practicable (ii) Would deprive a person of a right ROM, tape, film, photograph, or other speed, with another agency having a documentary material, regardless of to a fair trial or impartial adjudication; substantial interest in the determination (iii) Could reasonably be expected to medium, by which information is of the request. preserved, including documentary constitute an unwarranted invasion of material stored electronically. § 10000.3 Availability of records. personal privacy; Redact means delete or mark over. Records that are required by the FOIA (iv) Could reasonably be expected to Representative of the news media is to be made available for public disclose the identity of a confidential any person or entity organized and inspection and copying may be accessed source, including a state, local, or operated to publish or broadcast news to through the Agency’s Web site at foreign agency or authority or any the public that actively gathers www.ncd.gov. The Council is private institution that furnished information of potential interest to a responsible for determining which of its information on a confidential basis, and, segment of the public, uses its editorial records are required to be made publicly in the case of a record or information skills to turn the raw materials into a available, as well as identifying compiled by a criminal investigation, or distinct work, and distributes that work additional records of interest to the by an agency conducting a lawful to an audience. The term ‘‘news’’ means public that are appropriate for public national security intelligence information that is about current events disclosure, and for posting and indexing investigation, information furnished by or that would be of current interest to such records. The Council shall ensure a confidential source; the public. Examples of news media that its Web site of posted records and (v) Would disclose techniques and entities include television or radio indices is reviewed and updated on an procedures for law enforcement stations that broadcast ‘‘news’’ to the ongoing basis. The Council’s FOIA investigations or prosecutions or would public at large and publishers of Public Liaison can assist individuals in disclose guidelines for law enforcement periodicals that disseminate ‘‘news’’ locating records particular to a investigations or prosecutions if such and make their products available component. disclosure could reasonably be expected through a variety of means to the to risk circumvention of the law; or general public, including news § 10000.4 Categories of exemptions. (vi) Could reasonably be expected to organizations that disseminate solely on (a) The FOIA does not require endanger the life or physical safety of the Internet. A request for records disclosure of matters that are: any individual. supporting the news-dissemination (1) Specifically authorized under (8) Contained in or related to function of the requester shall not be criteria established by an executive examination, operating, or condition considered to be for a commercial use. order to be kept secret in the interest of reports prepared by, on behalf of, or for ‘‘Freelance’’ journalists who national defense or foreign policy and the use of an agency responsible for the demonstrate a solid basis for expecting are, in fact, properly classified under regulation or supervision of financial publication through a news media entity executive order; institutions; or shall be considered as a representative (2) Related solely to the internal (9) Geological and geophysical of the news media. A publishing personnel rules and practices of the information and data, including maps, contract would provide the clearest Council; concerning wells.
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§ 10000.5 Request for records. (2) A brief statement of the reason(s) agency to which the referral would be (a) You may request copies of records for the denial, including any FOIA made could harm an interest protected under this part by email to FOIA@ exemption applied in denying the by an applicable exemption, such as the ncd.gov or in writing addressed to FOIA request. The FOIA Officer will indicate, exemptions that protect personal Officer, National Council on Disability, if technically feasible, the amount of privacy or national security interests. 1331 F Street NW., Suite 850, information deleted and the exemption For example, if the Council responding Washington, DC 20004. under which a deletion is made on the to a request for records on a living third (b) Your request shall reasonably released portion of the record, unless party locates within its files records describe the records sought with including that indication would harm originating with a law enforcement sufficient specificity, and when an interest protected by the exemption; agency, and if the existence of that law possible, include names, dates, and (3) An estimate of the volume of enforcement interest in the third party subject matter, in order to permit the information withheld, if applicable. was not publicly known, then to FOIA Officer to locate the records with This estimate does not need to be disclose that law enforcement interest a reasonable amount of effort. If the provided if it is ascertainable based on could cause an unwarranted invasion of FOIA Officer cannot locate responsive redactions in partially disclosed records the personal privacy of the third party. records based on your written or if the disclosure of the estimate Similarly, if the Council locates within description, you will be notified and would harm an interest protected by an its files material originating with an advised that further identifying applicable FOIA exemption; and Intelligence Community agency, and the information is necessary before the (4) A statement that the adverse involvement of that agency in the matter request can be fulfilled. Although determination may be appealed and a is classified and not publicly requests are considered either FOIA or description of the requirements for an acknowledged, then to disclose or give Privacy Act requests, the Council appeal under § 10000.7. attribution to the involvement of that processes requests for records in (c) Consultation, referral, and Intelligence Community agency could accordance with both laws so as to coordination. When reviewing records cause national security harms. In such provide the greatest degree of lawful located by the Council in response to a instances, in order to avoid harm to an access while safeguarding an request, the Council shall determine interest protected by an applicable individual’s personal privacy. whether another agency of the Federal exemption, the Council should (c) Your request should specify your Government is better able to determine coordinate with the originating agency preferred form or format (including whether the record is exempt from to seek its views on the disclosability of electronic formats) for the records you disclosure under the FOIA and, if so, the record. The release determination seek. We will accommodate your whether it should be released as a for the record that is the subject of the request if the record is readily available matter of discretion. As to any such coordination should then be conveyed in that form or format. When you do not record, the Council shall proceed in one to the requester by the Council. specify the form or format of the of the following ways: § 10000.7 Administrative appeals. response, we will provide responsive (1) Consultation. When records records in the form or format most originated with the Council, but contain (a) You may appeal an adverse convenient to us. within them information of interest to determination related to your FOIA another agency, the Council should request, or the Council’s failure to § 10000.6 Responsibility for responding to typically consult with that other agency respond to your FOIA request within requests. prior to making a release determination. the prescribed time limits, to the (a) In general. The Council delegates (2) Referral. (i) When the Council Executive Director, National Council on authority to grant or deny FOIA requests believes that a different agency is best Disability, 1331 F Street NW., Suite 850, in whole or in part to the Chief FOIA able to determine whether to disclose Washington, DC 20004. Officer. When conducting a search for the record, the Council typically should (b) Your appeal must be in writing responsive records, the FOIA Officer refer the responsibility for responding to and must be postmarked or generally will search for records in the request regarding that record, as electronically received by the Executive existence on the date of the search. If long as the referral is to an agency that Director within 60 days of the date of another date is used, the FOIA Officer is subject to the FOIA. Ordinarily, the the letter denying your request, in shall inform the requester of the date agency that originated the record will be whole or in part. For the most used. presumed to be best able to make the expeditious handling, your appeal letter (b) Responses. The Chief FOIA Officer disclosure determination. However, if and envelope should be marked will notify you of his or her the Council and the originating agency ‘‘Freedom of Information Act Appeal’’ determination to grant or deny your jointly agree that the former is in the and reference the request number. FOIA request in the time frame stated in best position to respond regarding the (c) The Executive Director shall § 10000.8. The Council will release record, then the record may be handled respond to all administrative appeals in reasonably segregable non-exempt as a consultation. writing and within the time frame stated information. For any adverse (ii) Whenever the Council refers any in § 10000.8(d). If the decision affirms, determination, including those part of the responsibility for responding in whole or in part, the Chief FOIA regarding any disputed fee matter; a to a request to another agency, it shall Officer’s determination, the letter shall denial of a request for a fee waiver; or document the referral, maintain a copy contain a statement of the reasons for a determination to withhold a record, in of the record that it refers, and notify the the affirmance, including any FOIA whole or in part, that a record does not requester of the referral and inform the exemption(s) applied, and will inform exist or cannot be located; or to deny a requester of the name(s) of the agency to you of the FOIA’s provisions for court request for expedited processing; the which the record was referred, review. If the Executive Director notice shall include the following including that agency’s FOIA contact reverses or modifies the Chief FOIA information: information. Officer’s determination, in whole or in (1) The name(s) of any person (3) Coordination. The standard part, you will be notified in writing and responsible for the determination to referral procedure is not appropriate your request will be reprocessed in deny the request in whole or in part; where disclosure of the identity of the accordance with that decision. The
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Council may work with Office of (2) As necessary to clarify with you receipt. You will be notified in writing Government Information Services any fee-related issue. of the determination. Appeals of adverse (OGIS) to resolve disputes between (3) If we toll the time frame for decisions regarding expedited FOIA requestors and the Council. A response under paragraphs (e)(1) or (2) processing shall be processed requester may also contact OGIS in the of this section, the tolling period ends expeditiously. following ways: Via mail to OGIS, upon our receipt of your response. § 10000.9 Business information. National Archives and Records (f) Unusual circumstances. In the Administration, 8601 Adelphi Road— event of unusual circumstances, we may (a) Designation of confidential OGIS, College Park, MD 20740 extend the time frame for response business information. In the event a (ogis.archives.gov), via email at ogis@ provided in paragraphs (c) or (d) of this FOIA request is made for confidential nara.gov, or via the telephone at 202– section by providing you with written business information previously 741–5770 or 877–684–6448. Facsimile is notice of the unusual circumstances and submitted to the Government by a also available at 202–741–5769. the date on which a determination is commercial entity or on behalf of it expected to be made. Where the (hereinafter ‘‘submitter’’), the § 10000.8 Timeframe for Council’s extension is for more than ten working regulations in this section apply. When response to a FOIA request or days, we will provide you with an submitting confidential business administrative appeal. opportunity either to modify your information, you must use a good-faith (a) In general. The Council ordinarily request so that it may be processed effort to designate, by use of appropriate shall respond to requests according to within the statutorily-prescribed time markings, at the time of submission or their order of receipt. limits or to arrange an alternative time at a reasonable time thereafter, any (b) Multi-track processing. (1) The period for processing your request or portions of your submission that you Council may use two or more processing modified request. consider to be exempt from disclosure tracks by distinguishing between simple (g) Aggregating requests. When we under FOIA Exemption 4, 5 U.S.C. and more complex requests based on the reasonably believe that multiple 552(b)(4). Your designation will expire amount of work and/or time needed to requests submitted by a requester, or by ten years after the date of submission process the request, including through a group of requesters acting in concert, unless you request, and provide limits based on the number of pages involving clearly related matters, can be justification for, a longer designation involved. If the Council does so, it shall viewed as a single request that involves period. advise requesters in its slower track(s) of unusual circumstances, we may (b) Notice to submitters. (1) Whenever the limits of its faster track(s). aggregate the requests for the purposes you designate confidential business (2) Using multitrack processing, the of fees and processing activities. information as provided in paragraph (a) Council may provide requesters in its (h) Expedited processing. You may of this section, or the Council has reason slower track(s) with an opportunity to request that the Council expedite to believe that your submission may limit the scope of their requests in order processing of your FOIA request. To contain confidential business to qualify for faster processing within receive expedited processing, you must information, we will provide you with the specified limits of the Council’s demonstrate a compelling need for such prompt written notice of a FOIA request faster track(s). In doing so, the Council processing. that seeks your business information. will contact the requester by telephone, (1) For requests for expedited The notice shall: letter, or email, whichever is more processing, a ‘‘compelling need’’ (i) Give you an opportunity to object efficient in each case. involves: to disclosure of your information, in (c) Initial decisions. The Council shall (i) Circumstances in which the lack of whole or in part; determine whether to comply with a expedited treatment could reasonably be (ii) Describe the business information FOIA request within 20 working days expected to pose an imminent threat to requested or include copies of the after our receipt of the request, unless the life or physical safety of an requested records or record portions the time frame for response is extended individual; or containing the information; and due to unusual circumstances as further (ii) A request made by a person (iii) Inform you of the time frame in described in paragraph (f) of this primarily engaged in disseminating which you must respond to the notice. section. A request is received by the information, with a time urgency to (2) In cases involving a voluminous Council, for purposes of commencing inform the public of actual or alleged number of submitters, notice may be the 20-day timeframe for its response, federal government activity. made by posting or publishing the on the day it is properly received by the (2) Your request for expedited notice in a place or manner reasonably FOIA Officer. The request must meet all processing must be in writing and may likely to accomplish it. requirements described by these be made at the time of the initial FOIA (c) Opportunity to object to disclosure. regulations and the FOIA before the 20- request or at any later time. The Council shall allow you a day timeframe commences. (3) Your request for expedited reasonable time to respond to the notice (d) Administrative appeals. The processing must include a statement, described in paragraph (b) of this Executive Director shall determine certified to be true and correct to the section. If you object to the disclosure whether to affirm or overturn a decision best of your knowledge and belief, of your information, in whole or in part, subject to administrative appeal within explaining in detail the basis for you must provide us with a detailed 20 working days after receipt of the requesting expedited processing. If you written statement of your objection. The appeal, unless the time frame for are a person primarily engaged in statement must specify all grounds for response is extended in accordance with disseminating information, you must withholding any portion of the paragraph (e) of this section. establish a particular urgency to inform information under any FOIA exemption (e) Tolling timelines. We may toll the the public about the federal government and, when relying on FOIA Exemption 20-day timeframe set forth in paragraphs activity involved in the request. 4, it must explain why the information (c) or (d) of this section: (4) The FOIA Officer will decide is a trade secret or commercial or (1) One time to await information that whether to grant or deny your request financial information that is privileged we reasonably requested from you, as for expedited processing and notify the and confidential. If you fail to respond permitted by 5 U.S.C. 552(a)(6)(A)(iii)(I); requester within ten calendar days of within the time frame specified in the
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notice, the Council will conclude that (c) In calculating charges for computer willing to pay. The Council is not you have no objection to disclosure of searches for records, we will charge at required to accept payments in your information. The Council will only the actual direct cost of providing the installments. consider information that we receive service, including the cost of operating (3) If the requester has indicated a within the time frame specified in the the central processing unit directly willingness to pay some designated notice. attributable to searching for records amount of fees, but the Council (d) Notice of intent to disclose. The potentially responsive to your FOIA estimates that the total fee will exceed Council will consider your objection request and the portion of the salary of that amount, the Council shall toll the and specific grounds for non-disclosure the operators/programmers performing processing of the request when it in deciding whether to disclose business the search. notifies the requester of the estimated information. Whenever the Council (d) Review fees shall be charged for fees in excess of the amount the decides to disclose business information requesters who make commercial use requester has indicated a willingness to over your objection, we will provide requests. Review fees shall be assessed pay. The Council shall inquire whether you with written notice that includes: only for the initial review—that is the the requester wishes to revise the (1) A statement of the reasons why review undertaken the first time we amount of fees the requester is willing each of your bases for withholding were analyze the applicability of a specific to pay or modify the request. Once the not sustained; exemption to a particular record or requester responds, the time to respond (2) A description of the business portion of a record. Records or portions will resume from where it was at the information to be disclosed; and of records withheld in full under an date of the notification. (3) A specified disclosure date, which exemption that is subsequently (4) The Council shall make available shall be a reasonable time after the determined not to apply may be its FOIA Public Liaison or other FOIA notice. reviewed again to determine the professional to assist any requester in (e) Exceptions to the notice applicability of other exemptions not reformulating a request to meet the requirement. The notice requirements of previously considered. We may assess requester’s needs at a lower cost. paragraphs (c) and (d) of this section the costs for such subsequent review. (f) We will charge you the full costs shall not apply if: Review fees are charged at the same of providing you with the following (1) The Council determines that the rates as those charged for a search. services: information is exempt under the FOIA; (e) Notice of anticipated fees in excess (1) Certifying that records are true (2) The information lawfully has been of $25.00. (1) When the Council copies; or published or has been officially made determines or estimates that the fees to (2) Sending records by special available to the public; be assessed in accordance with this methods such as express or certified (3) Disclosure of the information is section will exceed $25.00, the Council mail. required by statute (other than the shall notify the requester of the actual (g) We may assess interest charges on FOIA) or by a regulation issued in or estimated amount of the fees, an unpaid bill starting on the 31st accordance with the requirements of including a breakdown of the fees for calendar day following the day on Executive Order 12600; search, review or duplication, unless the which the billing was sent. Interest shall (4) The designation made by the requester has indicated a willingness to be at the rate prescribed in 31 U.S.C. submitter under paragraph (a) of this pay fees as high as those anticipated. If 3717 and will accrue from the date of section appears obviously frivolous, only a portion of the fee can be the billing. except that, in such a case, the Council estimated readily, the Council shall (h) We will not charge a search fee for shall, within a reasonable time prior to advise the requester accordingly. If the requests by educational institutions, the date the disclosure will be made, requester is a noncommercial use non-commercial scientific institutions, give the submitter written notice of the requester, the notice shall specify that or representatives of the news media. A final decision to disclose the the requester is entitled to the statutory search fee will be charged for a information. entitlements of 100 pages of duplication commercial use requests. (f) Requester notification. The Council at no charge and, if the requester is (i) Except for a commercial use shall notify a requester whenever it charged search fees, two hours of search request, we will not charge you for the provides the submitter with notice and time at no charge, and shall advise the first 100 pages of duplication and the an opportunity to object to disclosure; requester whether those entitlements first two hours of search. whenever it notifies the submitter of its have been provided. (j) If the Council fails to comply with intent to disclose the requested (2) In cases in which a requester has the time limits in which to respond to information; and whenever a submitter been notified that the actual or a request, and if no unusual or files a lawsuit to prevent the disclosure estimated fees are in excess of $25.00, exceptional circumstances, as those of the information. the request shall not be considered terms are defined by the FOIA, apply to received and further work will not be the processing of the request, it may not § 10000.10 Fees. completed until the requester commits charge search fees, or, in the instances (a) We will charge fees that recoup the in writing to pay the actual or estimated of requests from requesters requests by full allowable direct costs we incur in total fee, or designates some amount of educational institutions (unless the processing your FOIA request. Fees may fees the requester is willing to pay, or records are sought for a commercial be charged for search, review or in the case of a noncommercial use use), noncommercial scientific duplication. We will use the most requester who has not yet been provided institutions, or representatives of the efficient and least costly methods to with the requester’s statutory news media, may not charge duplication comply with your request. entitlements, designates that the fees. (b) With regard to manual searches for requester seeks only that which can be (k) After processing, actual fees must records, we will charge the salary rate(s) provided by the statutory entitlements. be equal to or exceed $25, for the (calculated as the basic rate of pay plus The requester must provide the Council to require payment of fees. 16 percent of that basic rate to cover commitment or designation in writing, (l) You may not file multiple requests, benefits) of the employee(s) performing and must, when applicable, designate each seeking portions of a document or the search. an exact dollar amount the requester is documents, solely for the purpose of
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avoiding payment of fees. When the (iv) The public’s understanding of the § 10001.2 Definitions. Council reasonably believes that a subject in question must be enhanced by The following terms used in this part requester, or a group of requesters acting the disclosure to a significant extent. are defined in the Privacy Act: in concert, has submitted requests that However, components shall not make Individual, maintain, record, system of constitute a single request involving value judgments about whether the records, statistical record, and routine clearly related matters, we may information at issue is ‘‘important’’ use. The following definitions also aggregate those requests and charge enough to be made public. apply in this part: accordingly. (2) To determine whether disclosure Chairperson means the Chairperson of (m) We may not require you to make of the requested information is the Council, as appointed by the payment before we begin work to satisfy primarily in the commercial interest of President, or any person to whom the the request or to continue work on a the requester, the Council shall consider Council has delegated authority for the request, unless: the following factors: matter concerned. (1) We estimate or determine that the (i) The Council shall identify any Council means the National Council allowable charges that you may be commercial interest of the requester, as on Disability, established by the required to pay are likely to exceed defined in § 10000.2, that would be Rehabilitation Act of 1973 (29 U.S.C. $250; or furthered by the requested disclosure. 780 et seq.), as amended, and amended (2) You have previously failed to pay Requesters shall be given an by the Workforce Innovation and a fee charged within 30 days of the date opportunity to provide explanatory Opportunity Act (Pub. L. 113–128) in of billing. information regarding this 2014. (n) Upon written request, we may consideration. General Counsel means the Council’s waive or reduce fees that are otherwise (ii) A waiver or reduction of fees is principal legal advisor, or his or her chargeable under this part. If you justified where the public interest is designee. request a waiver or reduction in fees, greater than any identified commercial Privacy Act means the Privacy Act of you must demonstrate that a waiver or interest in disclosure. The Council 1974, 5 U.S.C. 552a, as amended. reduction in fees is in the public interest ordinarily shall presume that where a Privacy Act Officer means the person because disclosure of the requested news media requester has satisfied the designated by the Council to be records is likely to contribute public interest standard, the public responsible for the day-to-day significantly to the public interest will be the interest primarily administration of the Privacy Act, understanding of the operations or served by disclosure to that requester. currently delegated to the Council’s activities of the government and is not Disclosure to data brokers or others who Management Analyst. primarily in your commercial interest. merely compile and market government (1) In deciding whether disclosure of information for direct economic return § 10001.3 Privacy Act requests. the requested information is in the shall not be presumed to primarily serve (a) Requests to determine if you are public interest because it is likely to the public interest. the subject of a record. You may request contribute significantly to public (3) Where only some of the records to that the Council inform you if we understanding of operations or activities be released satisfy the requirements for maintain a system of records that of the government, the Council shall a waiver of fees, a waiver shall be contains records about you. Your consider all four of the following granted for those records. request must follow the procedures factors: (4) Requests for a waiver or reduction described in paragraph (b) of this (i) The subject of the request must of fees should be made when the request section. concern identifiable operations or is first submitted to the component and (b) Requests for access. You may activities of the Federal Government, should address the criteria referenced request access to a Council record about with a connection that is direct and above. A requester may submit a fee you in writing or by appearing in clear, not remote or attenuated. waiver request at a later time so long as person. You should direct your request (ii) Disclosure of the requested the underlying record request is to the Privacy Act Officer. Written records must be meaningfully pending or on administrative appeal. requests may be sent to: Privacy Act informative about government When a requester who has committed to Officer, National Council on Disability, operations or activities in order to be pay fees subsequently asks for a waiver 1331 F Street NW., Suite 850, ‘‘likely to contribute’’ to an increased of those fees and that waiver is denied, Washington, DC 20004. Your request public understanding of those the requester shall be required to pay should include the following operations or activities. The disclosure any costs incurred up to the date the fee information: of information that already is in the waiver request was received. (1) Your name, address, and public domain, in either the same or a telephone number; substantially identical form, would not PART 10001—IMPLEMENTATION OF (2) The system(s) of records in which contribute to such understanding where THE PRIVACY ACT OF 1974 the requested information is contained; nothing new would be added to the and public’s understanding. Sec. (3) At your option, authorization for (iii) The disclosure must contribute to 10001.1 Purpose and scope. copying expenses. the understanding of a reasonably broad 10001.2 Definitions. 10001.3 Privacy Act requests. (4) Written requests. In addition to the audience of persons interested in the 10001.4 Responses to Privacy Act requests. information described in paragraphs subject, as opposed to the individual 10001.5 Administrative appeals. (b)(1) through (3) of this section, written understanding of the requester. A 10001.6 Fees. requests must include a statement requester’s expertise in the subject area 10001.7 Penalties. affirming your identity, signed by you as well as the requester’s ability and Authority: 5 U.S.C. 552a. and witnessed by two persons intention to effectively convey (including witnesses’ addresses) or information to the public shall be § 10001.1 Purpose and scope. notarized. considered. It shall be presumed that a The regulations in this part (i) Witnessed. If your statement is representative of the news media will implement the provisions of the Privacy witnessed, it must include a sentence satisfy this consideration. Act. above the witnesses’ signatures attesting
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that they personally know you or that (i) The identity of the individual who Council’s Freedom of Information Act you have provided satisfactory proof of is the subject of the record, including procedures at 5 CFR part 10000. your identity. his or her name, current address, and (ii) Notarized. If your statement is date and place of birth; § 10001.5 Administrative appeals. notarized, you must provide the notary (ii) Verification of your identity in (a) Appeal procedures. (1) You may with adequate proof of your identity in accordance with paragraph (b)(4) of this appeal any decision by the Council to the form of a drivers’ license, passport, section; deny, in whole or in part, your request or other identification acceptable to the (iii) Verification that you are the under § 10001.3 no later than 60 days notary. subject’s parent or guardian, which may after the decision is rendered. (iii) The Council, in its discretion, be established by a copy of the subject’s (2) Your appeal must be in writing, may require additional proof of birth certificate identifying you as his or sent to the General Counsel at the identification depending on the nature her parent, or a court order establishing address specified in § 10001.3(b) and and sensitivity of the records in the you as guardian; and contain the following information: system of records. (iv) A statement certifying that you (i) Your name; (iv) For the quickest possible are making the request on the subject’s (ii) Description of the record(s) at handling, your letter and envelope behalf. issue; should be marked ‘‘Privacy Act (iii) The system of records in which Request.’’ § 10001.4 Responses to Privacy Act (5) In person requests. In addition to requests. the record(s) is contained; the information described in paragraphs (a) Acknowledgement. The Privacy (iv) A statement of why your request (b)(1) through (3) of this section, if you Act Officer shall provide you with a should be granted. make your request in person, you must written acknowledgment of your written (3) The General Counsel shall provide adequate proof of identification request under section 3 within ten determine whether to uphold or reverse at the time of your request. Adequate business days of our receipt of your the initial determination within 30 proof of identification includes a valid request. working days of our receipt of your drivers’ license, valid passport, or other (b) Grants of requests. If you make appeal. The General Counsel shall current identification that includes your your request in person, the Privacy Act notify you of his or her decision, address and photograph. Officer shall respond to your request including a brief statement of the (c) Requests for amendment or directly, either by granting you access to reasons for the decision, in writing. The correction of records. You may request the requested records, upon payment of General Counsel’s decision will be the an amendment to or correction of a any applicable fee and with a written final action of the Council. record about you in person or by writing record of the grant of your request and (b) Statement of disagreement. If your to the Privacy Act Officer following the receipt of the records, or by informing appeal of our determination related to procedures described in paragraph (b) of you when a response may be expected. your request for amendment or this section. Your request for If you are accompanied by another correction is denied in whole or in part, amendment or correction should person, you must authorize in writing you may file a Statement of identify each particular record at issue, any discussion of the records in the Disagreement that states the basis for state the amendment or correction presence of the third person. If your your disagreement with the denial. sought, and describe why the record is request is in writing, the Privacy Act Statements of Disagreement must be not accurate, relevant, timely, or Officer shall provide you with written concise and must clearly identify each complete. notice of the Council’s decision to grant part of any record that is disputed. The (d) Requests for an accounting of your request and the amount of any Privacy Act Officer will place your disclosures. Except for those disclosures applicable fee. The Privacy Act Officer Statement of Disagreement in the system for which the Privacy Act does not shall disclose the records to you of records in which the disputed record require an accounting, you may request promptly, upon payment of any is maintained and shall mark the an accounting of any disclosure by the applicable fee. disputed record to indicate that a Council of a record about you. Your (c) Denials of requests in whole or in Statement of Disagreement has been request for an accounting of disclosures part. The Privacy Act Officer shall filed and where it may be found. must be made in writing following the notify you in writing of his or her (c) Notification of amendment, procedures described in paragraph (b) of determination to deny, in whole or in correction, or disagreement. Within 30 this section. part, your request. This writing shall working days of the amendment or (e) Requests for access on behalf of include the following information: correction of a record, the Privacy Act someone else. (1) If you are making a (1) The name and title or position of Officer shall notify all persons, request on behalf of someone else, your the person responsible for the denial; organizations, or agencies to which the request must include a statement from (2) A brief statement of the reason for Council previously disclosed the record, that individual verifying his or her the denial(s), including any applicable if an accounting of that disclosure was identity, as provided in paragraph (b)(4) Privacy Act exemption; made, that the record has been corrected of this section. Your request also must (3) A statement that you may appeal or amended. If you filed a Statement of include a statement certifying that the denial and a brief description of the Disagreement, the Privacy Act Officer individual’s agreement that records requirements for appeal under shall append a copy of it to the disputed about him or her may be released to § 10001.5. record whenever it is disclosed and also you. (d) Request for records not covered by may append a concise statement of its (2) If you are the parent or guardian the Privacy Act or subject to Privacy Act reason(s) for denying the request to of the individual to whom the requested exemption. If the Privacy Act Officer amend or correct the record. record pertains, or the individual to determines that a requested record is whom the record pertains has been not subject to the Privacy Act or the § 10001.6 Fees. deemed incompetent by a court, your records are subject to Privacy Act We will not charge a fee for search or request for access to records about that exemption, your request will be review of records requested under this individual must include: processed in accordance with the part, or for the correction of records. If
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you request copies of records, we may purpose of recording votes, whether by § 10002.4 Procedures for public charge a fee of $.10 per page. circulation of material to members’ announcement of meetings. individually in writing or by a polling (a) Except as otherwise provided in § 10001.7 Penalties. of the members individually by phone this section, the Council shall make a Any person who makes a false or email. public announcement at least seven statement in connection with any (2) Action by five or more members days prior to a meeting. The public request for a record or an amendment or to: announcement shall include: correction thereto under this part is (i) Open or close a meeting or to (1) The time and place of the meeting; subject to the penalties prescribed in 18 release or withhold information (2) The subject matter of the meeting; U.S.C. 494 and 495 and 5 U.S.C. pursuant to § 10002.6; (3) Whether the meeting is to be open, 552a(i)(3). (ii) Set an agenda for a proposed closed, or portions of a meeting will be meeting; closed; PART 10002—IMPLEMENTATION OF (iii) Call a meeting on less than seven (4) Whether public participation will THE GOVERNMENT IN THE SUNSHINE days’ notice, as permitted by § 10002.4; be allowed; ACT or (5) The name and telephone number (iv) Change the subject matter or the of the person who will respond to Sec. determination to open or to close a requests for information about the 10002.1 Purpose and scope. meeting; 10002.2 Definitions. publicly announced meeting under § 10002.7. (b) The seven-day prior notice 10002.3 Open meetings. required by paragraph (a) of this section 10002.4 Procedures for public (3) A session attended by five or more announcement of meetings. members for the purpose of having the may be reduced only if: 10002.5 Grounds on which meetings may Council’s staff or expert consultants, (1) A majority of all members be closed or information withheld. another federal agency, or other persons determine by recorded vote that Council 10002.6 Procedures for closing meetings or or organizations brief or otherwise business requires that such meeting be withholding information, and requests provide information to the Council scheduled in less than seven days; and by affected persons to close a meeting. (2) The public announcement concerning any matters within the 10002.7 Changes following public required by this section is made at the purview of the Council, provided that announcement. earliest practicable time. 10002.8 Transcripts, recordings, or minutes the members do not engage in (c) If public notice is provided by of closed meetings. deliberations that determine or result in means other than publication in the 10002.9 Public availability and retention of the joint conduct or disposition of Federal Register, notice will be transcripts, recordings, and minutes, and official business on such matters. promptly submitted to the Federal applicable fees. (4) A gathering of members for the Register for publication. Authority: 5 U.S.C. 552b. purpose of holding informal, preliminary discussions or exchanges of § 10002.5 Grounds on which meetings § 10002.1 Purpose and scope. views which do not effectively may be closed or information withheld. (a) The regulations in this part predetermine official action. Member A meeting, or portion thereof, may be implement the provisions of the means an individual duly appointed closed and information pertinent to Sunshine Act. and confirmed to the Council. Public such meeting withheld if the Council (b) Requests for all records other than observation means attendance by the determines that the meeting or release of those described in § 10002.9, shall be public at a meeting of the Council, but information is likely to disclose matters governed by the Council’s Freedom of does not include public participation. that are: Information Act procedures at 5 CFR Public participation means the (a) Specifically authorized under part 10001. presentation or discussion of criteria established by an executive information, raising of questions, or order to be kept secret in the interests § 10002.2 Definitions. other manner of involvement in a of national defense or foreign policy; The following definitions apply in meeting of the Council by the public in and, in fact, are properly classified this part: a manner that contributes to the pursuant to such executive order. In Chairperson means the Chairperson of disposition of official Council business. making the determination that this the Council, as appointed by the Sunshine Act means the Government exemption applies, the Council shall President, or any person to whom the in the Sunshine Act, 5 U.S.C. 552b. rely on the classification assigned to the Council has delegated authority for the document or assigned to the information § 10002.3 Open meetings. matter concerned. from the federal agency from which the Council means the National Council (a) Except as otherwise provided in document was received. on Disability, established by the this part, every portion of a Council (b) Related solely to the internal Rehabilitation Act of 1973 (29 U.S.C. meeting shall be open to public personnel rules and practices of the 780 et seq.), as amended, and amended observation. Council; by the Workforce Innovation and (b) Council meetings, or portions (c) Specifically exempt from Opportunity Act (Pub. L. 113–128) in thereof, shall be open to public disclosure by statute (other than 5 2014. participation when an announcement to U.S.C. 552), provided that such statute: General Counsel means the Council’s that effect is published under § 10002.4. (1) Requires that the matters be principal legal advisor, or his or her Public participation shall be conducted withheld from the public in such a designee. in an orderly, non-disruptive manner manner as to leave no discretion on the Meeting means the deliberations of and in accordance with any procedures issue; or five or more Council members that the Chairperson may establish. Public (2) Establishes particular criteria for determine or result in the joint conduct participation may be terminated for withholding or refers to particular types or disposition of official Council good cause as determined by the of matters to be withheld; business. A meeting does not include: Council upon the advice of the General (d) Trade secrets and commercial or (1) Notational voting or similar Counsel based on unanticipated financial information obtained from a consideration of business for the developments. person and privileged or confidential;
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(e) Involved with accusing any person (b) A separate vote of the members statement referred to in § 10002.6(d), the of a crime or formally censuring any shall be taken with respect to each Council shall maintain a complete person; meeting or portion of a meeting transcript or electronic recording (f) Of a personal nature, if disclosure proposed to be closed and with respect adequate to record fully the proceedings would constitute a clearly unwarranted to information which is proposed to be of each meeting, or a portion thereof, invasion of personal privacy; withheld. A single vote may be taken closed to the public. Alternatively, for (g) Either investigatory records with respect to a series of meetings or any meeting closed pursuant to compiled for law enforcement purposes portions of a meeting that are proposed § 10002.5(h) or (j), the Council may or information which, if written, would to be closed, so long as each meeting or maintain a set of minutes adequate to be contained in such records, but only portion thereof in the series involves the record fully the proceedings, including to the extent that the production of same particular matter and is scheduled a description of each of the views records or information would: to be held no more than 30 days after expressed on any item and the record of (1) Interfere with enforcement the initial meeting in the series. The any roll call vote. proceedings; vote of each member shall be recorded (2) Deprive a person of a right to and no proxies shall be allowed. § 10002.9 Public availability and retention either a fair trial or an impartial of transcripts, recordings, and minutes, and (c) A person whose interests may be applicable fees. adjudication; directly affected by a portion of a (3) Constitute an unwarranted meeting may request in writing that the (a) The Council shall make available, invasion of personal privacy; Council close that portion for any of the in a place easily accessible, such as (4) Disclose the identity of a www.ncd.gov, to the public the confidential source or sources and, in reasons referred to in § 10002.5(e), (f), and (g). Upon the request of a member, transcript, electronic recording, or the case of a record compiled either by minutes of a meeting, except for items a criminal law enforcement authority or a recorded vote shall be taken whether to close such meeting or portion thereof. of discussion or testimony related to by an agency conducting a lawful matters the Council determines may be national security intelligence (d) For every meeting closed, the General Counsel shall publicly certify withheld under § 10002.6. investigation, confidential information (b) Copies of the nonexempt portions furnished only by the confidential that, in his or her opinion, the meeting may be closed to the public and shall of the transcripts or minutes shall be source(s); provided upon receipt of the actual (5) Disclose investigative techniques state each relevant basis for closing the meeting. If the General Counsel invokes costs of the transcription or duplication. and procedures; or (c) The Council shall maintain (6) Endanger the life or physical safety the bases set forth in § 10002.5(a) or (c), meeting transcripts, recordings, or of law enforcement personnel; he or she shall rely upon the (h) Contained in or relating to classification or designation assigned to minutes of each meeting closed to the examination, operating, or condition the information by the originating public for a period ending at the later of reports prepared by, on behalf of, or for agency. A copy of such certification, two years following the date of the the use of an agency responsible for the together with a statement by the meeting, or one year after the regulation or supervision of financial presiding officer setting forth the time conclusion of any Council proceeding institutions; and place of the meeting and the with respect to the closed meeting. (i) If prematurely disclosed, likely to persons present, shall be retained by the PARTS 10003–10049 [RESERVED] significantly frustrate implementation of Council as part of the transcript, a proposed action of the Council, except recording, or minutes required by Dated: June 4, 2015. that this subsection shall not apply in § 10002.8. any instance where the Council has Rebecca Cokley, already disclosed to the public the § 10002.7 Changes following public Executive Director. content or nature of its proposed action announcement. [FR Doc. 2015–14121 Filed 6–10–15; 8:45 am] or is required by law to make such (a) The time or place of a meeting may BILLING CODE 8421–03–P disclosure on its own initiative prior to be changed following the public taking final action on such proposal; announcement described in § 10002.4. and The Council must publicly announce DEPARTMENT OF TRANSPORTATION (j) Specifically concerned with the such change at the earliest practicable Council’s issuance of a subpoena, or its time. Federal Aviation Administration participation in a civil action or (b) The subject matter of a meeting or proceeding, an action in a foreign court the determination of the Council to 14 CFR Part 39 or international tribunal, or an open or close a meeting, or a portion arbitration, or the initiation, conduct, or thereof, to the public may be changed [Docket No. FAA–2015–2047; Directorate disposition by the Council of a following public announcement only if: Identifier 2015–CE–013–AD] particular case or formal agency (1) A majority of all members RIN 2120–AA64 adjudication pursuant to the procedures determine by recorded vote that Council in 5 U.S.C. 554 or otherwise involving business so requires and that no earlier Airworthiness Directives; SOCATA a determination on the record after announcement of the change was Airplanes opportunity for a hearing. possible; and (2) The Council publicly announces AGENCY: Federal Aviation § 10002.6 Procedures for closing meetings such change and the vote of each Administration (FAA), Department of or withholding information, and requests by member thereon at the earliest Transportation (DOT). affected persons to close a meeting. practicable time. ACTION: Supplemental notice of (a) A meeting or portion of a meeting proposed rulemaking (NPRM); may be closed and information § 10002.8 Transcripts, recordings, or reopening of the comment period. pertaining to a meeting withheld under minutes of closed meetings. § 10002.5 only by vote of a majority of Along with the General Counsel’s SUMMARY: We are revising an NPRM for members. certification and presiding officer’s SOCATA Model TBM 700 airplaness
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(type certificate previously held by and locating Docket No. FAA–2015– Since the NPRM was issued, we have EADS SOCATA) that was proposed to 2047; or in person at the Docket determined that airplanes with MLG revise AD 2007–04–13. This proposed Management Facility between 9 a.m. with forging body that had not reached AD results from mandatory continuing and 5 p.m., Monday through Friday, 1,750 landings as of March 23, 2007 (the airworthiness information (MCAI) except Federal holidays. The AD docket effective date of AD 2007–04–13) were originated by an aviation authority of contains this proposed AD, the not affected by the AD. This is not the another country to identify and correct regulatory evaluation, any comments intent and allows airplanes to fly an unsafe condition on an aviation received, and other information. The indefinitely with the unsafe condition. product. The MCAI describes the unsafe street address for the Docket Office This supplemental NPRM (SNPRM) condition as cracks found on the main (telephone (800) 647–5527) is in the proposes to make those airplanes with landing gear cylinders. This action ADDRESSES section. Comments will be MLG with forging body either at or revises the NPRM by including the available in the AD docket shortly after under 1,750 landings as of March 23, actions against those airplanes that receipt. 2007, applicable to the AD in addition reach a certain number of landings after FOR FURTHER INFORMATION CONTACT: to extending the time between the the effective date of the AD. We are Albert J. Mercado, Aerospace Engineer, repetitive inspections until a reinforced proposing this supplemental NPRM FAA, Small Airplane Directorate, 901 landing gear is installed, which (SNPRM) to correct the unsafe condition Locust, Room 301, Kansas City, terminates the repetitive inspections. on these products. Since this action Missouri 64106; telephone: (816) 329– Related Service Information Under 1 imposes an additional burden over that 4119; fax: (816) 329–4090; email: CFR Part 51 proposed in the NPRM, we are [email protected]. reopening the comment period to allow SUPPLEMENTARY INFORMATION: EADS SOCATA has issued TBM the public the chance to comment on Aircraft Mandatory Service Bulletin SB Comments Invited this proposed change. 70–130, ATA No. 32, dated January 2006, and SOCATA has issued DAHER– DATES: We must receive comments on We invite you to send any written SOCATA TBM Aircraft Mandatory this proposed AD by July 27, 2015. relevant data, views, or arguments about this proposed AD. Send your comments Service Bulletin SB 70–130, Revision 3, ADDRESSES: You may send comments by to an address listed under the dated December 2014. The actions any of the following methods: ADDRESSES section. Include ‘‘Docket No. described in this service information are • Federal eRulemaking Portal: Go to FAA–2015–2047; Directorate Identifier intended to correct the unsafe condition http://www.regulations.gov. Follow the 2015–CE–013–AD’’ at the beginning of identified in the MCAI. The DAHER– instructions for submitting comments. your comments. We specifically invite SOCATA TBM Aircraft Mandatory • Fax: (202) 493–2251. • comments on the overall regulatory, Service Bulletin SB 70–130, Revision 3, Mail: U.S. Department of economic, environmental, and energy dated December 2014, incorporates Transportation, Docket Operations, M– aspects of this proposed AD. We will procedures for replacing cracked MLG 30, West Building Ground Floor, Room consider all comments received by the with a reinforced MLG as a terminating W12–140, 1200 New Jersey Avenue SE., closing date and may amend this action for the repetitive inspections. Washington, DC 20590. • proposed AD because of those This service information is reasonably Hand Delivery: U.S. Department of comments. available because the interested parties Transportation, Docket Operations, M– We will post all comments we have access to it through their normal 30, West Building Ground Floor, Room receive, without change, to http:// course of business or by the means W12–140, 1200 New Jersey Avenue SE., www.regulations.gov, including any identified in the ADDRESSES section of Washington, DC 20590, between 9 a.m. personal information you provide. We this NPRM. and 5 p.m., Monday through Friday, will also post a report summarizing each except Federal holidays. substantive verbal contact we receive FAA’s Determination and Requirements For service information identified in about this proposed AD. of the Proposed AD this proposed AD, contact SOCATA, The docket number and the This product has been approved by Direction des Services, 65921 Tarbes directorate identifier of the NPRM (80 the aviation authority of another Cedex 9, France; telephone: 33 (0)5 FR 8821, February 19, 2015) is Docket country, and is approved for operation 62.41.73.00; fax: 33 (0)5 62.41.76.54; or No. FAA–2006–26235; Directorate in the United States. Pursuant to our SOCATA North America, North Perry Identifier 2006–CE–065–AD. The NPRM bilateral agreement with this State of Airport, 7501 S Airport Rd., Pembroke docket number is different than the Design Authority, they have notified us Pines, Florida 33023, telephone: (954) docket number of this SNPRM. The of the unsafe condition described in the 893–1400; fax: (954) 964–4141; Internet: comment period for the NPRM closed MCAI and service information http://www.socata.com. You may on April 6, 2015; we received one referenced above. We are proposing this review this referenced service comment in support of the NPRM. AD because we evaluated all information at the FAA, Small Airplane Discussion information and determined the unsafe Directorate, 901 Locust, Kansas City, condition exists and is likely to exist or Missouri 64106. For information on the We proposed to amend 14 CFR part develop on other products of the same availability of this material at the FAA, 39 with an NPRM for SOCATA Model type design. call (816) 329–4148. It is also available TBM 700 airplanes (type certificate Certain changes described above on the Internet at http:// previously held by EADS SOCATA), expand the scope of the NPRM. As a www.regulations.gov by searching for which was published in the Federal result, we have determined that it is and locating Docket No. FAA–2015– Register on February 19, 2015 (80 FR necessary to reopen the comment period 2047. 8821). The NPRM proposed to require to provide additional opportunity for actions intended to address the unsafe the public to comment on the SNPRM. Examining the AD Docket condition for the products listed above You may examine the AD docket on and was based on mandatory continuing Costs of Compliance the Internet at http:// airworthiness information (MCAI) We estimate that this proposed AD www.regulations.gov by searching for originated by another country. will affect 431 products of U.S. registry.
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We also estimate that it would take List of Subjects in 14 CFR Part 39 (f) Actions and Compliance for Airplanes not about 3 work-hours per product to Previously Affected by AD 2007–04–13 comply with the basic requirements of Air transportation, Aircraft, Aviation Unless already done, do the actions in this proposed AD. The average labor safety, Incorporation by Reference, paragraphs (f)(1), (f)(2), and (h) of this AD: rate is $85 per work-hour. Safety. (1) As of March 23, 2007 (the effective date Based on these figures, we estimate of AD 2007–04–13), for MLG with forging The Proposed Amendment body that were either at or under 1,750 the cost of the proposed AD on U.S. Accordingly, under the authority landings as of March 23, 2007 (the effective operators to be $109,905, or $255 per date of (AD 2007–04–13): Upon or before product. delegated to me by the Administrator, accumulating 1,750 landings on the MLG In addition, we estimate that any the FAA proposes to amend 14 CFR part with forging body since new or within the necessary follow-on actions would take 39 as follows: next 100 landings after the effective date of about 4 work-hours and require parts this AD, whichever occurs later, inspect the costing $6,000, for a cost of $6,340 per PART 39—AIRWORTHINESS forging body for cracks. Do the inspection product. We have no way of DIRECTIVES following the Accomplishment Instructions of EADS SOCATA TBM Aircraft Mandatory determining the number of products Service Bulletin SB 70–130, dated January that may need these actions. ■ 1. The authority citation for part 39 continues to read as follows: 2006, or DAHER–SOCATA TBM Aircraft Authority for This Rulemaking Mandatory Service Bulletin SB 70–130, Authority: 49 U.S.C. 106(g), 40113, 44701. Revision 3, dated December 2014. Title 49 of the United States Code (2) If no cracks are detected during the specifies the FAA’s authority to issue § 39.13 [Amended] inspection required in paragraph (f)(1) of this rules on aviation safety. Subtitle I, ■ 2. The FAA amends § 39.13 by AD, repetitively thereafter inspect at intervals not to exceed 240 landings until a reinforced section 106, describes the authority of removing Amendment 39–14945 (72 FR the FAA Administrator. ‘‘Subtitle VII: landing gear specified in paragraph E. 7576, February 16, 2007), and adding Terminating Solution of the Accomplishment Aviation Programs,’’ describes in more the following new AD: Instructions in DAHER–SOCATA TBM detail the scope of the Agency’s SOCATA (type certificate previously held by Aircraft Mandatory Service Bulletin SB 70– authority. EADS SOCATA): Docket No. FAA–2015– 130, Revision 3, dated December 2014, is We are issuing this rulemaking under 2047; Directorate Identifier 2015–CE– installed. the authority described in ‘‘Subtitle VII, 013–AD. (g) Actions and Compliance for Airplanes Part A, Subpart III, section 44701: Previously Affected by AD 2007–04–13 General requirements.’’ Under that (a) Comments Due Date Unless already done, do the actions in section, Congress charges the FAA with We must receive comments by July 27, 2015. paragraphs (g)(1), (g)(2), and (h) of this AD, promoting safe flight of civil aircraft in including all subparagraphs: air commerce by prescribing regulations (b) Affected ADs (1) As of March 23, 2007 (the effective date for practices, methods, and procedures This AD supersedes AD 2007–04–13, retained from AD 2007–04–13), for MLG with the Administrator finds necessary for Amendment 39–14945, (72 FR 7576, forging body totaling more than 1,750 safety in air commerce. This regulation February 16, 2007) (‘‘AD 2007–04–13’’). landings but less than 3,501 landings since is within the scope of that authority new: (c) Applicability because it addresses an unsafe condition (i) Inspect the forging body for cracks This AD applies to SOCATA Model TBM within 100 landings after March 23, 2007 (the that is likely to exist or develop on effective date retained from AD 2007–04–13), products identified in this rulemaking 700 airplanes, serial numbers 1 through 638 and 687, that: following the Accomplishment Instructions action. (1) are not equipped with a left-hand main of EADS SOCATA TBM Aircraft Mandatory Regulatory Findings landing gear (MLG) body part number (P/N) Service Bulletin SB 70–130, dated January D68161 or D68161–1 and a right-hand MLG 2006, or DAHER–SOCATA TBM Aircraft We determined that this proposed AD body P/N D68162 or D68162–1; and Mandatory Service Bulletin SB 70–130, would not have federalism implications (2) are certificated in any category. Revision 3, dated December 2014. (ii) If no cracks are detected during the under Executive Order 13132. This (d) Subject proposed AD would not have a inspection required in paragraph (g)(1)(i) of this AD, repetitively thereafter inspect at substantial direct effect on the States, on Air Transport Association of America (ATA) Code 32: Landing gear. intervals not to exceed 240 landings until a the relationship between the national reinforced landing gear specified in Government and the States, or on the (e) Reason paragraph E. Terminating Solution of the distribution of power and This AD was prompted from mandatory Accomplishment Instructions in DAHER– responsibilities among the various continuing airworthiness information (MCAI) SOCATA TBM Aircraft Mandatory Service levels of government. originated by an aviation authority of another Bulletin SB 70–130, Revision 3, dated For the reasons discussed above, I country to identify and correct an unsafe December 2014, is installed. certify this proposed regulation: condition on an aviation product and the (2) As of March 23, 2007 (the effective date FAA’s determination to add additional retained from AD 2007–04–13), for MLG with (1) Is not a ‘‘significant regulatory airplanes to the Applicability section. We are forging body totaling more than 3,500 action’’ under Executive Order 12866, issuing this AD to detect and correct cracks landings since new: (2) Is not a ‘‘significant rule’’ under in the shock strut cylinder of the MLG, which (i) Inspect the forging body for cracks the DOT Regulatory Policies and could cause the MLG to fail, and to add within 25 landings after March 23, 2007 (the Procedures (44 FR 11034, February 26, airplanes to the Applicability section. Failure effective date retained from AD 2007–04–13), 1979), of the shock strut cylinder of the MLG could following the Accomplishment Instructions (3) Will not affect intrastate aviation result in a collapsed MLG during takeoff or of EADS SOCATA TBM Aircraft Mandatory in Alaska, and landing and possible reduced structural Service Bulletin SB 70–130, dated January integrity of the airplane. We are superseding 2006, or DAHER–SOCATA TBM Aircraft (4) Will not have a significant AD 2007–04–13 to add airplanes to the Mandatory Service Bulletin SB 70–130, economic impact, positive or negative, Applicability section, increase the time Revision 3, dated December 2014. on a substantial number of small entities between the repetitive inspections, and (ii) If no cracks are detected during the under the criteria of the Regulatory incorporate a modification to terminate the inspection required in paragraph (g)(2)(i) of Flexibility Act. required repetitive inspections. this AD, repetitively thereafter inspect at
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intervals not to exceed 240 landings until a locating Docket No. FAA–2006–26235. For Robert M. Rhyne, (202) 317–6848; reinforced landing gear specified in service information related to this AD, concerning submissions of comments or paragraph E. Terminating Solution of the contact SOCATA, Direction des Services, to request a public hearing, Accomplishment Instructions in DAHER– 65921 Tarbes Cedex 9, France; telephone: 33 Oluwafunmilayo (Funmi) Taylor, (202) SOCATA TBM Aircraft Mandatory Service (0)5 62.41.73.00; fax: 33 (0)5 62.41.76.54; or Bulletin SB 70–130, Revision 3, dated SOCATA North America, North Perry 317–6901 (not toll-free numbers). December 2014, is installed. Airport, 7501 S Airport Rd., Pembroke Pines, SUPPLEMENTARY INFORMATION: Florida 33023, telephone: (954) 893–1400; (h) Actions and Compliance for All Affected fax: (954) 964–4141; Internet: http:// Background and Explanation of Airplanes www.socata.com. You may view this Provisions If any cracks are detected during any referenced service information at the FAA, 1. Introduction inspection required in paragraphs (f)(1) Small Airplane Directorate, 901 Locust, through (g)(2) of this AD, including all Kansas City, Missouri 64106. For information This document contains proposed subparagraphs: on the availability of this material at the amendments to 26 CFR part 1 under (1) Before further flight, remove the FAA, call (816) 329–4148. section 1502 of the Internal Revenue affected landing gear leg and confirm the Issued in Kansas City, Missouri, on June 1, Code (Code). Section 1502 authorizes presence of the crack with dye penetrant the Secretary to prescribe regulations for inspection or fluorescent penetrant 2015. inspection. Earl Lawrence, corporations that join in filing (2) If the crack is confirmed, before further Manager, Small Airplane Directorate, Aircraft consolidated returns to reflect clearly flight, contact SOCATA at the address in Certification Service. the income tax liability of the group and paragraph (k) of this AD to coordinate the [FR Doc. 2015–13917 Filed 6–10–15; 8:45 am] to prevent avoidance of such tax FAA-approved landing gear repair/ liability, and provides that these rules BILLING CODE 4910–13–P replacement and implement any FAA- may be different from the provisions of approved repair/replacement instructions chapter 1 of subtitle A of the Code that obtained from SOCATA, or replace the would apply if the corporations filed cracked landing gear with a reinforced DEPARTMENT OF THE TREASURY landing gear specified in paragraph E. separate returns. Terms used in the consolidated return regulations Terminating Solution of the Accomplishment Internal Revenue Service Instructions in DAHER–SOCATA TBM generally are defined in § 1.1502–1. These proposed regulations would Aircraft Mandatory Service Bulletin SB 70– 26 CFR Parts 1 and 301 130, Revision 3, dated December 2014. This provide guidance regarding the replacement terminates the repetitive [REG–101652–10] absorption of members’ losses in a inspections required by this AD. consolidated return year, and provide RIN 1545–BJ29 (i) Calculating Unknown Number of guidance to eliminate the ‘‘circular basis Landings for Compliance Elimination of Circular Adjustments to problem’’ in a broader class of The compliance times of this AD are Basis; Absorption of Losses transactions than under current law. presented in landings instead of hours time- This document also contains in-service (TIS). If the number of landings is AGENCY: Internal Revenue Service (IRS), proposed conforming amendments to 26 unknown, hours TIS may be used by dividing Treasury. CFR part 301 under section 6402. the number of hours TIS by 1.35. ACTION: Notice of proposed rulemaking. Section 6402 authorizes the Secretary to (j) Other FAA AD Provisions make credits and refunds. The proposed SUMMARY: The following provisions also apply to this This document contains regulations would amend § 301.6402– AD: proposed amendments to the 7(g) (relating to claims for refunds and (1) Alternative Methods of Compliance consolidated return regulations. These application for tentative carryback (AMOCs): The Manager, Standards Office, amendments would revise the rules adjustments involving consolidated FAA, has the authority to approve AMOCs concerning the use of a consolidated groups that include financial for this AD, if requested using the procedures group’s losses in a consolidated return institutions) by revising the definition of found in 14 CFR 39.19. Send information to year in which stock of a subsidiary is separate net operating loss of a member ATTN: Albert J. Mercado, Aerospace disposed of. The regulations would in light of the proposed amendments to Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri affect corporations filing consolidated § 1.1502–21 (relating to the 64106; telephone: (816) 329–4119; fax: (816) returns. determination and treatment of 329–4090; email: [email protected]. DATES: Written or electronic comments, consolidated and separate net operating Before using any approved AMOC on any and a request for a public hearing, must losses, carrybacks, and carryovers). airplane to which the AMOC applies, notify be received by September 9, 2015. your appropriate principal inspector (PI) in 2. Allocation and Absorption of the FAA Flight Standards District Office ADDRESSES: Send submissions to: Members’ Losses (FSDO), or lacking a PI, your local FSDO. CC:PA:LPD:PR (REG–101652–10), Room In general, the consolidated taxable (2) Airworthy Product: For any requirement 5205, Internal Revenue Service, PO Box income (CTI) or consolidated net in this AD to obtain corrective actions from 7604, Ben Franklin Station, Washington, operating loss (CNOL) of a consolidated a manufacturer or other source, use these DC 20044. Submissions may be hand- group is the sum of each member’s actions if they are FAA-approved. Corrective delivered Monday through Friday actions are considered FAA-approved if they separately computed taxable income or are approved by the State of Design Authority between the hours of 8 a.m. and 4 p.m. loss (computed pursuant to § 1.1502–12) (or their delegated agent). You are required to CC:PA:LPD:PR (REG–101652–10), and certain items of income and to assure the product is airworthy before it Courier’s Desk, Internal Revenue deduction that are computed on a is returned to service. Service, 1111 Constitution Avenue NW., consolidated basis pursuant to § 1.1502– (k) Related Information Washington, DC, or sent electronically 11. via the Federal eRulemaking Portal at Section 1.1502–21(b)(2)(i) (relating to Refer to MCAI European Aviation Safety http://www.regulations.gov (IRS REG– Agency (EASA) AD No. 2006–0085R2, dated carryovers and carrybacks of CNOLs to January 16, 2015. You may examine the 101652–10). separate return years) provides generally MCAI on the Internet at http:// FOR FURTHER INFORMATION CONTACT: that if a group has a CNOL and a portion www.regulations.gov by searching for and Concerning the proposed regulations, of the CNOL would be carried to a
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member’s separate return year, the regulations would amend the current of the owning member’s gain or loss on CNOL must be apportioned between the regulations in the following two ways. the disposition may be affected. Any group and the member (or members) First, the proposed regulations add a change in the amount of gain or loss with the separate return year(s) in new paragraph (e) to § 1.1502–11 to resulting from the disposition may in accordance with the amount of the clarify that the absorption of members’ turn affect the amount of the CNOL attributable to those member(s). losses to offset income of other members subsidiary’s loss that the group absorbs. For this purpose, § 1.1502–21(b)(2)(iv) in the consolidated return year is made Any further absorption of the employs a fraction to determine the on a pro rata basis, consistent with the subsidiary’s loss triggers further percentage amount of the CNOL pro rata absorption of losses from adjustments to the basis in the attributable to a member. The numerator taxable years ending on the same date subsidiary’s stock. These iterative of the fraction is the separate net that are carried back or forward under computations, which may completely operating loss of the member for the the rules of §§ 1.1502–21(b) and 1.1502– eliminate the benefit of the disposed of consolidated return year, and the 22(b) (relating to net capital loss member’s losses, are referred to as the denominator is the sum of the separate carrybacks and carryovers). Second, to circular basis problem. net operating losses of all members for address apportionment anomalies that For example, assume P owns all the that year. For this purpose, the separate may arise if capital gains are present, stock of S, and the group has a $100 net operating loss of a member is the proposed regulations would provide consolidated net capital loss carryover, determined by computing the CNOL, that the separate net operating loss of a all of which is attributable to S. On taking into account only the member’s member, solely for apportionment December 31, P sells all of S’s stock to items of income, gain, deduction, and purposes, is its loss determined without a nonmember at a $10 gain. Absent the loss. Although the current consolidated regard to capital gains (or losses) or current rules in § 1.1502–11(b), P’s $10 return regulations provide rules for amounts treated as capital gains. Thus, capital gain on the sale of S’s stock apportioning a CNOL among members in the example in the preceding would be offset by $10 of the when a member’s loss may be carried to paragraph, P would be allocated the consolidated net capital loss carryover a separate return year, the regulations entire $100 CNOL. Excluding capital (all of which is attributable to S). The do not expressly adopt the fraction- gains and losses from the computation use of the loss would cause P’s basis in based methodology of § 1.1502– is consistent with excluding capital S’s stock to be reduced by $10 21(b)(2)(iv) for computing the amount of gains and losses in determining a (immediately before the sale), causing P each member’s absorbed loss that is member’s separate taxable income to recognize $20 of gain on the sale of used to offset the income of members under § 1.1502–12, and taking capital S’s stock. Similarly, that $20 gain would with positive separate taxable income or gains and losses into account on a be offset by $20 of S’s consolidated net net capital gain for the consolidated group, rather than a separate member, capital loss carryover, and so on, until return year in which the loss is basis. A conforming amendment is the entire consolidated net capital loss recognized. made to § 301.6402–7(g)(2)(ii) (relating carryover was depleted. At the end of Furthermore, although the method to refunds to certain statutory or court- these iterative calculations, the group provided for apportioning a CNOL appointed fiduciaries of an insolvent would still report $10 of consolidated under current law generally yields financial institution), which contains a net capital gain. The current regulations appropriate results, the apportionment similar allocation rule. prevent this result. may produce anomalies if capital gains The Treasury Department and the IRS are present. For example, assume a 3. Circular Adjustments to Basis have considered a variety of approaches to the circular basis problem since the stand-alone corporation, P, acquires the A. The Circular Basis Problem and introduction of the investment stock of corporation S, and P and S file Current Regulations a consolidated return for the first adjustment system in 1966. The options taxable year of P ending after the To prevent the income, gain, considered, and either rejected or acquisition. For the consolidated return deduction, or loss of a subsidiary from adopted in regulations to date, appear to year, P generates $100 of capital gain being reflected more than once in a have been motivated by differing views and incurs $100 of deductible expenses. consolidated group’s income, the concerning the scope and severity of the S incurs a $100 capital loss. Thus, the consolidated return regulations adjust circular basis problem. The group has a $100 CNOL. Under current an owning member’s basis in a circumstances in which the law, the percentage of the CNOL subsidiary’s stock to reflect those items. consolidated return regulations have attributable to each member is As a group takes into account a provided relief to date have been determined by its relative separate net subsidiary’s items of income or gain, an limited to preventing the disposed of operating loss, taking into account only owning member’s basis in the subsidiary’s loss absorption from its items. The CNOL that the group subsidiary’s stock increases. Likewise, affecting the gain or loss recognized on would have if only P’s items were taken as a group absorbs a subsidiary’s the sale of that subsidiary. This is the into account is zero ($100 of capital gain deductions or losses, an owning case notwithstanding that many offset by $100 of deductible expenses). member’s basis in the subsidiary’s stock commentators have criticized the scope If only S’s items were taken into account decreases. These adjustments take place of relief as being too narrow, and have the group would have a consolidated under what is generally referred to as maintained that relief should be net capital loss, but the CNOL would the investment adjustment system. See extended to, for example, the sales of also be zero. Accordingly, because § 1.1502–32. brother-sister subsidiaries within the neither P nor S has a separate net If a group absorbs a portion of a same consolidated return year. operating loss, the allocation of the subsidiary’s loss in the same Regulations promulgated in 1966 group’s $100 CNOL is not clear. consolidated return year in which an provided no relief from the circular Both to provide an absorption rule for owning member disposes of that basis problem, even though some relief apportioning ordinary and capital losses subsidiary’s stock, the owning member’s was initially proposed. Section 1.1502– incurred in the same consolidated basis in the subsidiary’s stock is 11(b), published in 1972, provided some return year, and to address the CNOL reduced immediately before the relief from the circular basis problem, apportionment issue, the proposed disposition. Consequently, the amount and those regulations were revised in
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1994 into their current form (the loss and the disposed of subsidiary’s can produce appropriate results in the circular basis rules). limited loss still exceeds the income simplest fact patterns, but becomes To resolve the circular basis problem, and gain of other members, the pro rata highly complex if both ordinary income the circular basis rules require that a absorption rule will be applied again. and capital gains are present, or if the tentative computation of CTI be made That computation will result in a lower stock of more than one subsidiary is without taking into account any gain or amount for the absorption of the sold. loss on the disposition of a subsidiary’s disposed of subsidiary’s loss, which will One approach that the Treasury stock. The amount of the subsidiary’s be different than the amount by which Department and IRS considered but did losses that would be absorbed under the the owning member’s stock basis was not adopt in these proposed regulations tentative computation becomes a reduced. Accordingly, iterative was to disallow the absorption of any limitation on that subsidiary’s losses computations would be required. losses of a subsidiary in the year of that may be absorbed in the To illustrate, assume a consolidated disposition. Such a rule would have an consolidated return year of disposition group consists of P, the common parent, adverse impact on any consolidated or as a carryback to a prior year. The and its wholly owned subsidiaries, S1 group with ordinary income that limitation is intended to eliminate the and S2. At the beginning of the otherwise would be offset by the circular basis adjustments to the consolidated return year, P has a $500 subsidiary’s losses. Furthermore, a subsidiary’s stock and thus prevent basis in S1’s stock. P sells all of its S1 blanket prohibition on the use of a iterative computations. stock for $500 at the end of the year. For subsidiary’s losses would be For example, assume a consolidated the year, P has a $60 capital gain inappropriately harsh if a subsidiary’s group consists of P, the common parent, (determined without taking into account stock was sold at a loss and the unified and S, its wholly owned subsidiary, and P’s gain or loss on the disposition of loss rules required a stock basis neither P nor S had income or gain in S1’s stock), S1 has a $40 net capital loss reduction that was greater than the a prior year. At the beginning of the and S2 has an $80 net capital loss. To amount of S’s loss. In such a case, the consolidated return year, P has a $500 determine the limitation on the amount use of S’s loss to offset income of other basis in S’s stock. P sells S’s stock for of S1’s capital loss that the group may members allowed under current law $520 at the end of the year. For the year, use during the consolidated return year, reduces CTI, but the basis reduction that P has $30 of ordinary income CTI is tentatively determined without results from the absorption of the loss (determined without taking into account taking into account gain or loss on the has no net effect on the owning P’s gain or loss on the disposition of S’s disposition of S1’s stock, but with member’s basis in the subsidiary’s stock. stock) and S has $80 of ordinary loss. To regard to S2’s net capital loss. Because Prohibiting the use of the disposed of determine the limitation on the amount S2 has an $80 net capital loss in subsidiary’s losses would simply of S’s loss that the group may use during addition to S1’s $40 net capital loss, $40 increase the group’s CTI. the consolidated return year or as a of S2’s loss [$60 × ($80/$120)] and $20 × The Treasury Department and IRS carryback to a prior year, CTI is of S1’s loss [$60 ($40/$120)] will be also considered but did not adopt an tentatively determined without taking used (assuming pro rata absorption of approach similar to the current rules into account P’s gain or loss on the losses as described in section 2 of the that would compute a tentative amount disposition of S’s stock. Accordingly, Explanation of Provisions of this of S’s losses, and then require a the use of S’s loss in the consolidated preamble). Accordingly, the group’s use reduction to P’s basis in S’s stock, return year of disposition is limited to of S1’s loss is limited to $20. Thus, P’s regardless of whether S’s losses were $30. The group is tentatively treated as basis in S1’s stock is reduced by $20 actually absorbed. This approach could having a CNOL of $50 (P’s $30 of before P disposes of the stock. lead to non-economic consequences income minus S’s $80 loss). The Therefore, P is assumed to recognize when another subsidiary’s losses are absorption of $30 of S’s loss reduces P’s $20 [$500–($500–$20)] of gain on the actually absorbed instead of S’s basis in S’s stock to $470, and results in disposition of its S1 stock, which leaves according to the general rules of the $50 [$520—($500–$30)] of gain to P on P with a total capital gain for the year Code and regulations, but S’s losses are the disposition. Thus, iterative of $80. Again, because S2 has an $80 nonetheless treated as absorbed for computations are avoided. loss in addition to S1’s $20 usable loss, purposes of reducing P’s basis in S’s Nevertheless, the circular basis rules a pro rata portion of each subsidiary’s stock. do not prevent iterative computations in losses will be absorbed in computing A third approach that the Treasury all cases—not even all cases in which the P group’s CTI. Assuming pro rata Department and IRS considered but did the stock of a single subsidiary with a absorption of losses, P’s $80 capital gain not adopt was to turn-off the investment loss is disposed of. For example, if a is offset with $16 of S1’s capital loss adjustment rules for losses of a member other than the disposed of [$80 × ($20/$100)]. This amount, subsidiary used in the year of subsidiary also has a loss, and the sum however, is less than the $20 amount disposition. Such an approach would of the losses of the disposed subsidiary determined in the tentative computation allow a double deduction and and the other member exceeds the by which P’s basis in S1’s stock was undermine a bedrock principle of income of the group (without regard to reduced. Thus, iterative computations gain on the disposed subsidiary’s stock) would be required. consolidated returns as articulated by a tentative computation applying a pro In considering the circular basis the Supreme Court in Charles Ilfeld Co. rata rule for absorption establishes a problem, the Treasury Department and v. Hernandez, 292 U.S. 62 (1934). limitation on the use of the disposed of the IRS have become aware that B. Proposed Circular Basis Rules subsidiary’s loss. That amount will be taxpayers have taken a broad range of used to reduce the owning member’s approaches in cases in which the i. In General basis in the subsidiary’s stock and circular basis problem persists. Some The proposed regulations would determine the gain or loss on the stock taxpayers may undertake many iterative provide relief and certainty to cases in disposition. If the stock disposition computations while, under similar facts, which the circular basis problem results in gain, that gain will be taken others will undertake few. Some persists, yet adhere to underlying into account in an actual computation of commentators have suggested using consolidated return concepts without CTI. If the sum of the other member’s simultaneous equations. That method undue complexity. To prevent iterative
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computations for a consolidated return computation of its absorbed amount. Finally, under the fourth step, if the year in which the stock of one or more Thus, by excluding any income, gain, or group has remaining income or gain, the subsidiaries is disposed of, these loss on a stock disposition, and by unused losses of all members are proposed regulations require a group to giving priority to the losses of all applied on a pro rata basis. first determine the amount of each disposed of subsidiaries, the proposed The Treasury Department and the IRS disposed subsidiary’s loss that will be regulations would solve the circularity recognize that the special rules in these absorbed by computing CTI without problem. proposed regulations may in certain regard to gain or loss on the disposition Under the second step, a disposing cases alter the general rule under of the stock of any subsidiary (the member offsets its gain on subsidiary section 1211(a) that allows the absorbed amount). Once the amount of stock with its losses on subsidiary stock deduction of losses from the sale or a subsidiary’s absorbed loss is (determined after applying § 1.1502–36 exchange of capital assets to the extent determined under that computation, the (b) and (c), and so much of § 1.1502– of capital gains. However, giving absorbed amount for each disposed of 36(d) as is necessary to give effect to an priority to the absorption of a disposed subsidiary is not redetermined. election actually made under § 1.1502– subsidiary’s losses will prevent the need Determining each disposed of 36(d)(6)). If the disposing member has for iterative computations. subsidiary’s absorbed amount net income or gain on the subsidiary The Treasury Department and the IRS establishes an immutable number that stock, and if the disposing member also also recognize that the proposed will also be the amount of reduction to has a loss of the same character regulations may increase the number of the basis of S’s stock taken into account (determined without regard to the stock cases in which the general ordering in computing the owning member’s gain net income or gain), the disposing rules for the absorption of members’ or loss on the disposition of S’s stock. member’s loss is used to offset the net losses will be altered and may in certain After the absorbed amount is income or gain on the subsidiary stock cases result in more gain (or less loss) determined, the owning member’s basis to the extent of such income or gain. on the sale of a subsidiary’s stock than of the S stock is adjusted under Any remaining net income or gain is under current law. However, the § 1.1502–32 (and § 1.1502–36 as added to the group’s remaining income Treasury Department and the IRS relevant). The actual computation of CTI or gain as determined under the first believe that the benefits derived from can then be made, taking into account step. Giving priority to S’s losses ahead the certainty that the proposed rules losses of each disposed of subsidiary of other members’ losses and excluding achieve generally outweigh the potential equal to that amount. In some cases, gain or loss on subsidiary stock are detriments of these deviations from the however, applying the generally departures from the general rules that general rules. Comments are requested applicable rules of the Code and require a member to net its income and on whether there are alternative regulations would result in less than all gain with its own losses before those approaches that would both eliminate of a disposed of subsidiary’s absorbed amounts are combined in a consolidated the circular basis problem and preserve amount being used. computation. These departures may the general rule for the absorption of For example, assume S has an distort the amount of absorbed losses of capital and ordinary losses. ordinary loss of $100 and P has capital a disposing member relative to the gain net income of $100 (unrelated to its ii. Higher-Tier Subsidiaries absorbed losses of other members. Thus, disposition of S stock), then S’s Under § 1.1502–11(b)(4)(ii) of the in order to put losses of a disposing absorbed amount would be determined current regulations, if S is a higher-tier to be $100. If after taking into account member (unrelated to its loss on a stock subsidiary of another subsidiary (T), the S’s $100 absorbed amount P would have disposition) on a par with losses of use of T’s losses is subject to the circular a $100 capital loss on a sale of S’s stock, other members, the proposed basis rules upon a disposition of S’s P’s capital loss on its S stock would regulations allow P’s losses to offset the stock, but only if 100 percent of T’s offset P’s $100 capital gain, and S’s group’s income before other members, items of income, gain, deduction, and ordinary loss would not be used in that but only to the extent of the gain (or loss would be reflected in the basis of year and would become a CNOL income) on the disposed of subsidiary’s S’s stock in the hands of the owning carryover (assuming no ability to carry stock. member (100-percent requirement). If back the loss). If an amount of S’s losses Under the third step if, after the another member of S’s consolidated equal to its absorbed amount were not application of the second step of the group or a nonmember owns any stock used, P’s basis in its S stock would not alternative computation, the group has of either S or T, the circular basis rules be reduced by the absorbed amount, and remaining income or gain and a do not apply. the amount of P’s loss on S’s stock disposing member has a net loss on These proposed regulations would would be changed. subsidiary stock (determined after remove the 100-percent requirement. The proposed regulations prevent applying § 1.1502–36 (b) and (c), and so Thus, if any stock of a higher-tier such a result by providing for an much of § 1.1502–36(d) as is necessary subsidiary is disposed of, the absorption alternative four-step computation of CTI to give effect to an election actually of losses of a lower-tier subsidiary is if, applying the general ordering rules of made under § 1.1502–36(d)(6)), that subject to the proposed circular basis the Code and regulations, less than all income or gain is then offset by the loss rules by treating the lower-tier of a disposed of subsidiary’s absorbed on the disposition of subsidiary stock, subsidiary as if its stock had been amount would be used. See Examples 5, subject to generally applicable rules of disposed of. The Treasury Department 6, 7, 8 and 9 of § 1.1502–11(b)(2)(vi) as the Code and regulations. The amount and the IRS request comments regarding proposed herein. of the offset, however, is limited to the whether, and under what Under the first step, any income, gain, lesser of the total remaining ordinary circumstances, the 100-percent or loss on any share of subsidiary stock income or capital gain of the group requirement should be retained. is excluded from the computation of CTI (determined after the application of the and the group uses losses of each second step) or the amount of the C. Other Provisions disposed of subsidiary equal in both disposing member’s ordinary income or Ordinary income and deductions are amount and character and from the capital gain (determined without regard generally taken into account on a same taxable years as those used in the to the stock loss). separate company basis before the
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computation of CTI occurs. A member’s provide that the amount of those Comments and Requests for a Public separate taxable income under § 1.1502– deductions is determined without Hearing 12 is computed in accordance with the regard to gain or loss on the disposition Before these proposed regulations are provisions of the Code subject to certain of a subsidiary’s stock. adopted as final regulations, modifications. These modifications As a result of the later addition of consideration will be given to any generally relate to items that are § 1.1502–11(c), current § 1.1502–11(b) written (a signed original with eight (8) determined on a consolidated basis (for does not apply if a member realizes copies) or electronic comments that are example, the use of capital losses and discharge of indebtedness income that is submitted timely to the IRS. The the limitation on charitable contribution excluded from gross income under Treasury Department and the IRS deductions). Although gain or loss on section 108(a). The rules applicable in request comments on all aspects of the the disposition of a subsidiary’s stock is that case, contained in paragraph (c) of proposed regulations. usually capital, a worthless stock § 1.1502–11, are generally not addressed All comments will be available for deduction could be ordinary if the by these proposed regulations, but to the public inspection and copying at conditions of section 165(g)(3) are extent that paragraph (c) uses the www.regulations.gov or upon request. A satisfied. In addition, a gain on the absorbed amount described in § 1.1502– public hearing may be scheduled if disposition of such stock can be 11(b)(2) as a starting point, the requested by any person that timely ordinary if the recapture rules of section computation will be affected. Comments submits comments. If a public hearing is 1017(d) apply. Under these proposed are requested regarding appropriate scheduled, notice of the date, time, and regulations, gain and loss on the additional changes to § 1.1502–11(c). place for the public hearing will be disposition of subsidiary stock are published in the Federal Register. disregarded in determining the Finally, the proposed regulations subsidiary’s absorbed amount, and in an include modifications to §§ 1.1502– Drafting Information 11(a), 1.1502–12, 1.1502–22(a), and alternative computation of CTI. The principal author of these 1.1502–24 of the current regulations and Consequently, if stock of a subsidiary is regulations is Robert M. Rhyne, Office of removal of §§ 1.1502–21A, 1.1502–22A disposed of, these proposed regulations Associate Chief Counsel (Corporate). and 1.1502–23A. These modifications may require a departure from the However, other personnel from the IRS are not changes to current substantive general rules for the computation of an and the Treasury Department law; they are intended solely to update owning member’s separate taxable participated in their development. income. The Treasury Department and the regulations to reflect certain the IRS believe that this departure from statutory changes and remove cross- List of Subjects the general rules is necessary to avoid references to outdated regulatory 26 CFR Part 1 iterative computations and request provisions. comments as to whether an alternative Income taxes, Reporting and Proposed Effective Date methodology would be preferable. recording keeping requirements. These proposed regulations clarify the These regulations are proposed to be 26 CFR Part 301 interaction of the Unified Loss Rule of effective for consolidated return years Employment taxes, Estate taxes, § 1.1502–36 with the circular basis beginning on or after the date these Excise taxes, Gift taxes, Income taxes, rules. Adjustments under § 1.1502–36 regulations are published as final Penalties, Reporting and recording (b), (c), and (d)(6) (if an election is made regulations in the Federal Register. to reattribute losses or reduce stock requirements. basis) will affect the computation of Special Analyses Proposed Amendments to the CTI. Therefore, these proposed Regulations regulations contain guidance as to the It has been determined that this notice point in the computation that those of proposed rulemaking is not a Accordingly, 26 CFR parts 1 and 301 adjustments are made. significant regulatory action as defined are proposed to be amended as follows: The proposed regulations also contain in Executive Order 12866, as a rule to prevent iterative computations supplemented by Executive Order PART 1—INCOME TAXES in determining the amount of 13563. Therefore, a regulatory ■ Paragraph 1. The authority citation deductions that are determined by assessment is not required. These for part 1 is amended by adding an entry reference to or are limited by the group’s proposed regulations would not impose for § 1.1502–24 to read in part as CTI, for example, the consolidated a collection of information on small follows: charitable contributions deduction entities. Further, under the Regulatory under § 1.1502–24 and a member’s Flexibility Act (5 U.S.C. chapter 6), it is Authority: 26 U.S.C. 7805 * * * percentage depletion deduction with hereby certified that these proposed * * * * * respect to oil or gas property for regulations would not have a significant Section 1.1502–24 also issued under 26 independent producers and royalty economic impact on a substantial U.S.C. 1502. owners under § 1.1502–44. The amount number of small entities. This * * * * * of those deductions is taken into certification is based on the fact that ■ Par. 2. Section 1.1502–11 is amended account in determining the group’s CTI these proposed regulations would by: and may affect the computation of a primarily affect members of ■ 1. Revising paragraphs (a) disposed of subsidiary’s absorbed consolidated groups that tend to be large introductory text, (a)(2), (a)(3), and amount. The absorbed amount will corporations. Accordingly, a regulatory (a)(4). reduce the stock basis and affect the flexibility analysis is not required. ■ 2. Removing and reserving paragraph amount of gain or loss on the Pursuant to section 7805(f) of the Code, (a)(6). disposition of the subsidiary’s stock, this notice of proposed rulemaking has ■ 3. Revising paragraphs (b), (c)(2)(i), which will change the amount of CTI, been submitted to the Chief Counsel for and (c)(2)(ii). and thus the amount of the group’s Advocacy of the Small Business ■ 4. Removing in paragraph (c)(2)(vi) deduction. To prevent these iterative Administration for comment on its the phrase ‘‘unlimited deductions and computations, the proposed regulations impact on small business. losses that are absorbed’’ and adding
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‘‘S’s absorbed amount of losses’’ in its during the consolidated return year of (ii) Stock basis reduction and gain or place. the disposition. If a member realizes loss on disposition. After the ■ 5. Revising paragraph (c)(4). such income, see paragraph (c) of this determination of S’s absorbed amount, P ■ 6. Revising the heading of paragraph section. For purposes of this section, S’s reduces its basis in S’s stock under the (c)(7) and adding a sentence at the end ordinary loss means its separate net investment adjustment rules of of the paragraph. operating loss (as defined in § 1.1502– § 1.1502–32(b)(2) by the absorbed ■ 7. Adding paragraph (e). 21(b)(2)(iv)(B)). Solely for purposes of amount. If any share is a loss share, P The revisions and additions read as this section, any reference to a member’s then adjusts its basis in S’s stock by follows: capital gain includes amounts treated as applying paragraphs (b) and (c) of capital gain. Furthermore, for those § 1.1502–36, and, if an election is § 1.1502–11 Consolidated taxable income. purposes, a member’s capital loss means actually made under § 1.1502–36(d)(6), (a) In general. The consolidated a consolidated net capital loss by applying § 1.1502–36(d) to the extent taxable income (CTI) for a consolidated determined by reference to only that necessary to give effect to the election. return year shall be determined by member’s capital gain and capital loss P then computes its gain or loss on the taking into account— items. disposed of shares after taking into * * * * * (2) Deductions and losses of disposed account those adjustments. (2) Any consolidated net operating subsidiaries—(i) Determination of (iii) Actual computation of CTI—(A) loss (CNOL) deduction (see § 1.1502–21 absorbed amounts. If P disposes of a In general. The group’s CTI and any carryback of a portion of a CNOL are for the computation of the CNOL share of S’s stock in a transaction to determined under applicable provisions deduction); which this paragraph (b) applies, the of the Internal Revenue Code (Code) and (3) Any consolidated capital gain net extent to which S’s ordinary loss and regulations, taking into account gain or income (see § 1.1502–22 for the capital loss (including losses carried loss on any subsidiary’s stock, and computation of the consolidated capital over from a prior year) that are absorbed taking into account losses of disposed of gain net income); in the consolidated return year of the subsidiaries equal to each such (4) Any consolidated section 1231 net disposition or in a prior year as a loss (see § 1.1502–23 for the subsidiary’s absorbed amount. carryback (the absorbed amount) is (B) Alternative computation. If the computation of the consolidated section determined under this paragraph (b)(2). 1231 net loss); computation of the group’s CTI under S’s absorbed amount is the amount that paragraph (b)(2)(iii)(A) of this section * * * * * would be absorbed in a computation of would result in an absorption of less (6) [Reserved] the group’s consolidated taxable income than all of any disposed of subsidiary’s * * * * * (CTI) for the consolidated return year of absorbed amount, then the group’s CTI (b) Elimination of circular basis the disposition (and any taxable year to is computed by applying the following adjustments if there is no excluded COD which losses may be carried back) steps, rather than the computation income—(1) In general. If a member (P) without taking into account any under that paragraph: disposes of a share of stock of one or member’s income, gain, deduction, or (1) First, losses of each disposed of more subsidiaries (S), this paragraph (b) loss from the disposition of any share of subsidiary equal in both amount and applies to determine the amount of S’s any subsidiary’s stock in that year. S’s character and from the same taxable losses that will be used in the absorbed amount is determined after years as losses used in the computation consolidated return year of disposition first applying other applicable of its absorbed amount under paragraph and in a carryback year. The purpose of limitations and ordering rules (for (b)(2)(i) of this section offset income and these rules is to prevent P’s income, example, limitations imposed by section gain of other members without taking gain, deduction, or loss from the 382(a) and § 1.1502–21 and the ordering into account any gain or loss on any disposition of a share of S’s stock from rules of section 382(l)(2)) to S’s share of subsidiary stock and without affecting the amount of S’s deductions deductions and losses. Any election that regard to net losses of other members. and losses that are absorbed. A change the group makes on its actual return for (2) Second, a disposing member to the amount of S’s absorbed losses the consolidated return year (for offsets its gain on subsidiary stock with would affect P’s basis in S’s stock under example, an election to relinquish a its losses on subsidiary stock of the § 1.1502–32, which in turn affects P’s carryback under § 1.1502–21(b)(3)) must same character. For this purpose, a loss gain or loss on the disposition of S’s be used in this computation. Once S’s on subsidiary stock is determined after stock. For purposes of this section, P is absorbed amount is determined, that applying § 1.1502–36 (b) and (c), and so treated as disposing of a share of a amount is not redetermined. Except as much of § 1.1502–36(d) as is necessary subsidiary’s stock if any event described provided in paragraph (b)(2)(iii)(B)(1) of to give effect to an election actually in § 1.1502–19(c) occurs or, if for any this section, the amount determined made under § 1.1502–36(d)(6). If the reason, a member recognizes gain or loss under this paragraph (b)(2)(i) fixes only disposing member has net income or (including an excess loss account the amount of S’s losses that will be gain on subsidiary stock, and if the included in income) with respect to the absorbed. Thus, under paragraph member also has a loss of the same share. However, to the extent income, (b)(2)(iii)(A) of this section, the character (determined without regard to gain, deduction, or loss from a character of the losses that are absorbed the net income, gain, deduction or loss disposition of a share of S’s stock is in the actual computation of the group’s on subsidiary stock), the loss offsets that deferred under any rule of law (for CTI for the year (or as a carryback to a net income or gain and any remaining example, § 1.1502–13 and section prior year) may not be the same as the income or gain is added to the amount 267(f)), the taxable year in which the character of the losses that are absorbed determined after the application of deferred amount is taken into account is in determining the absorbed amount. paragraph (b)(2)(ii)(B)(1) of this section. treated as the taxable year of However, if the alternative computation For example, if P has a net capital loss disposition. This paragraph (b) does not of paragraph (b)(2)(iii)(B)(1) of this on portfolio stock, that net loss is not apply if any member realizes discharge section is required, the character of the taken into account in applying of indebtedness income that is excluded absorbed amount as determined under paragraph (b)(2)(iii)(B)(1). However, from gross income under section 108(a) this paragraph (b)(2)(i) is retained. under this paragraph (b)(2)(iii)(B)(2),
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that net capital loss is absorbed to the subsidiary’s absorbed amount to be Example 1. Absorption of disposed of extent of that member’s net capital gain used. subsidiary’s losses. (i) Facts. P has a $500 on subsidiary stock. (D) Deductions determined by basis in S’s stock. P sells S’s stock for $520 (3) Third, if, after the application of reference to CTI. In the case of any at the close of Year 1. For Year 1, P has paragraph (b)(2)(iii)(B)(2) of this section, deduction of any member that is ordinary income of $30 (determined without taking into account P’s gain or loss from the the group has remaining income or gain determined by reference to or limited by disposition of S’s stock) and S an $80 and a disposing member has a net loss the amount of CTI (for example, a ordinary loss. on subsidiary stock (determined after charitable contribution deduction under (ii) Determination of absorbed amount. To applying § 1.1502–36(b) and (c), and so § 1.1502–24(c) and a percentage determine S’s absorbed amount and the effect much of § 1.1502–36(d) as is necessary depletion deduction under § 1.1502– of the absorption of its losses under § 1.1502– to give effect to an election actually 44(b)), the amount of the deduction is 32(b)(2) on P’s basis in S’s stock, the group’s made under § 1.1502–36(d)(6)), that determined without regard to any gain taxable income is computed without taking remaining income or gain is then offset or loss on subsidiary stock. into account P’s gain or loss from the by a loss on the disposition of (iv) Losses not absorbed. To the extent disposition of S’s stock. The P group is treated as having a CNOL of $50 (P’s $30 of subsidiary stock, subject to the S’s losses in the consolidated return income minus S’s $80 separate net operating applicable rules of the Code and year of the disposition of its stock do loss). Accordingly, S’s absorbed amount regulations. The amount of the offset, not offset income or gain by reason of determined under paragraph (b)(2)(i) of this however, is limited to the lesser of the the rules of this paragraph (b), S ceases section is $30. total remaining ordinary income or to be a member, and S’s losses are not (iii) Loss absorption and basis reduction. capital gain of the group (determined reattributed under § 1.1502–36(d)(6), the Under paragraph (b)(2)(ii) of this section, P’s after the application of paragraph losses are carried over to its separate basis in S’s stock is reduced by S’s $30 (b)(2)(iii)(B)(2) of this section), or the return years (if any) under the absorbed amount from $500 to $470 amount of the disposing member’s applicable principles of the Code and immediately before the disposition. regulations thereunder. Those losses are Consequently, P recognizes a $50 gain from ordinary income or capital gain of the the sale of S’s stock, and the P group has CTI same character (determined without not taken into account in determining of $50 for Year 1 (P’s $30 of ordinary income regard to the stock loss). If the preceding the percentage of CNOL or consolidated plus its $50 of gain from the sale of S’s stock, sentence applies to more than one net capital loss attributable to members minus $30 of S’s ordinary loss equal to its disposing member, and the sum of the under § 1.1502–21(b)(2)(iv) or § 1.1502– absorbed amount). In addition, S’s $50 of amounts determined under that 22(b)(3), respectively. If S remains a unabsorbed loss is carried to S’s first separate sentence exceeds the group’s remaining member, its unused losses are included return year. ordinary or capital gain, the amounts in the CNOL or consolidated net capital Example 2. Carrybacks and carryovers. (i) offset capital gain or ordinary income on loss carryovers and are subject to the Facts. For Year 1, the P group has CTI of $30 a pro rata basis under the principles of allocation rules of those sections. (all of which is attributable to P) and a consolidated net capital loss of $100 ($50 paragraph (e) of this section. (v) Disposition of stock of a higher-tier subsidiary. If a subsidiary (T) is a lower- attributable to P and $50 to S), which cannot (4) Fourth, if, after application of be carried back. At the beginning of Year 2, paragraph (b)(2)(iii)(B)(3) of this section, tier subsidiary (as described in P has a $300 basis in S’s stock. P sells S’s the group has remaining ordinary § 1.1502–36(f)(4)) of a higher-tier stock for $280 at the close of Year 2. For Year income or capital gain, those amounts subsidiary (S), and S’s stock is disposed 2, P has ordinary income of $30, and a $20 are offset by the unused losses of all of during a consolidated return year, T’s capital gain (determined without taking into members on a pro rata basis under losses are subject to this paragraph (b) account the consolidated net capital loss paragraph (e) of this section. as if T’s stock had been disposed of. carryover from Year 1 or P’s gain or loss from (C) Priority of rules. The computation Thus, T’s absorbed amount is the disposition of S’s stock), and S has a $100 of CTI under this paragraph (b)(2)(iii) determined by disregarding any gain or ordinary loss. applies notwithstanding other rules for loss (for example, an excess loss account (ii) Determination of absorbed amount. To the absorption of a portion of a taken into account under § 1.1502– determine S’s absorbed amount and the effect of the absorption of its losses under § 1.1502– member’s current year loss, such as 19(b)) on a deemed disposition of T’s 32(b)(2) on P’s basis in S’s stock, the group’s paragraphs (a) and (e) of this section, stock as provided under this paragraph taxable income for Year 2 is computed §§ 1.1502–12 and 1.1502–22(a), and the (b), as well as any gain or loss on the without taking into account P’s gain or loss absorption of a member’s portion of a disposition of a share of any other from the disposition of S’s stock. Under CNOL or consolidated net capital loss subsidiary’s stock. section 1212(a)(1)(B), P’s $20 capital gain for carryover from a prior year under (vi) Examples. For purposes of the Year 2 would be offset by $20 of the group’s §§ 1.1502–21(b) and 1.1502–22(b), examples in this paragraph (b)(2)(vi), consolidated capital loss carryover from Year respectively. For example, in some unless otherwise stated, P is the 1 ($10 attributable to P and $10 attributable circumstances, an ordinary loss of a common parent of a calendar-year to S). P’s $30 of ordinary income in Year 2 disposed of subsidiary may offset consolidated group and owns all of the would be offset by $30 of S’s $100 ordinary loss in that year. P’s $30 of ordinary income capital gain of another member only class of stock of subsidiaries S, S1, in Year 1 would be offset by a $30 CNOL notwithstanding that under general S2, M, M1, and M2 for the entire year; carryback from Year 2, all of which is rules a capital loss of another member S, S1, S2, M, M1, M2, and T own no attributable to S. Accordingly, S’s absorbed would be allowed to the extent of stock of lower-tier subsidiaries; all amount under paragraph (b)(2)(i) of this capital gains before an ordinary loss is persons use the accrual method of section is $70 ($10 of S’s portion of the taken into account. Similarly, an accounting; the facts set forth the only consolidated capital loss carryover from Year ordinary loss with respect to a corporate activity; all transactions are 1 plus $60 of S’s loss from Year 2). subsidiary’s stock, which would between unrelated persons; tax (iii) Loss absorption and basis reduction. generally offset ordinary income of the liabilities are disregarded; and § 1.1502– Under paragraph (b)(2)(ii) of this section, P’s basis in S’s stock is reduced by S’s $70 owning member and be included in 36 will not cause P to adjust its basis in absorbed amount from $300 to $230, determining that member’s separate S’s stock immediately before a immediately before the disposition, resulting taxable income, may become a loss disposition. The rules of this paragraph in $50 of capital gain to P from the sale of carryover if use of that loss would cause (b)(2) are illustrated by the following S’s stock for $280 in Year 2. Thus, for Year less than all of a disposed of examples: 2 P will have $70 of capital gain ($50 from
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the stock sale plus $20 from its other capital Example 4. Sale of S’s stock and S remains P recognizes a $50 gain ($85¥$35). Under gain for that year), which will be offset by in the group. (i) Facts. For Year 1, the P group the actual computation, the group has P’s $80 $70 of the consolidated capital loss carryover has CTI of $100 (all of which is attributable ordinary loss and $50 of T’s $80 ordinary loss from Year 1, $35 of which is attributable to to P). At the beginning of Year 2, P has a $40 (limited by its absorbed amount) available to P and $35 of which is attributable to S. basis in each of the 10 shares of S’s stock. P offset P’s $100 gain on the sale of S’s stock. Another $30 of S’s ordinary loss offsets P’s sells 2 shares of S’s stock for $85 each at the Under paragraph (e) of this section, P’s gain $30 of ordinary income in Year 2. An amount close of Year 2. For Year 2, P has an $80 is offset on a pro rata basis by approximately of S’s ordinary loss equal to its remaining $5 ordinary loss (determined without taking into $62 ($100 × 80/($80 + $50)) of P’s ordinary absorbed amount may be carried back to Year account P’s gain or loss from the sale of S’s loss in Year 2, and approximately $38 ($100 1 to offset $5 of the group’s CTI in that year. stock), and S has an $80 ordinary loss. × ($50/($80 + $50)) of T’s ordinary loss in P will have a $15 ($50¥$35) capital loss (ii) Determination of absorbed amount. To that year. P’s remaining $18 of ordinary loss carryover from Year 1, and S will carry over determine S’s absorbed amount and the effect in Year 2 and $12 of T’s ordinary loss equal a $15 ($50¥$35) capital loss from Year 1 and of the absorption of its losses under § 1.1502– to its remaining absorbed amount may be a $65 ($100¥$35) NOL to its first separate 32(b)(2) on P’s basis in S’s stock, the group’s carried back to Year 1 to offset $30 of the return year. CTI for Year 2 is computed without taking $100 of CTI in that year. For Year 2, the P Example 3. Chain of subsidiaries. (i) Facts. into account P’s gain or loss from the sale of group has $30 remaining of its CNOL (all of P has a $500 basis in the stock of S and S S’s stock. Thus, the group would have a $160 which is attributable to T) which is carried has a $500 basis in the stock of T, its wholly CNOL for Year 2, $100 of which is carried to the P group’s Year 3 consolidated return owned subsidiary. P sells all of its S stock for back to Year 1 ($50 attributable to S and $50 year. $520 at the close of Year 1. For Year 1, P has attributable to P) and offsets $100 of CTI in Example 5. Alternative Computation. (i) ordinary income of $30, S has no income or that year. Accordingly, S’s absorbed amount Facts. At the beginning of Year 1, P has a loss, and T has an $80 ordinary loss. determined under paragraph (b)(2)(i) of this $200 basis in S’s stock. P sells all of its S (ii) Determination of absorbed amount, section is $50. stock for $100 at the close of Year 1. For Year basis reduction, and loss absorption. Under (iii) Loss absorption and basis reduction. 1, P has $10 capital gain on portfolio stock. § 1.1502–19(c)(1)(ii), T’s stock is treated as Under paragraph (b)(2)(ii) of this section, P’s In addition to S, P has two other subsidiaries, disposed of when it becomes a nonmember, basis in all of S’s stock is reduced by $50. M1 and M2. M1 has capital gain of $50; M2 and its losses are subject to paragraph (b) of Each of P’s 10 shares of S stock is reduced has a capital loss of $30, and S has a capital this section. Thus, T’s absorbed amount is by $5 from $40 to $35. Consequently, on the loss of $60. determined by taking into account P’s $30 of sale of each of the 2 shares of S’s stock, P (ii) Determination of absorbed amount. To ordinary income but without taking into recognizes a $50 gain ($85¥$35). The losses determine S’s absorbed amounts and the account any gain or loss on P’s disposition available to offset the $100 gain on the sale effect of the absorption of its loss under of S’s stock. Accordingly, T’s absorbed of S’s 2 shares consist of P’s $80 ordinary loss § 1.1502–32(b)(2) on P’s basis in S’s stock, the amount determined under paragraph (b)(2)(i) and $50 of S’s ordinary loss equal its group’s taxable income is computed without of this section is $30. Under paragraph absorbed amount. Under paragraph (e) of this taking into account P’s gain or loss from the (b)(2)(ii) of this section, S’s basis in T’s stock section, P’s and S’s losses are absorbed on a disposition of S’s stock. Under that is reduced by $30, from $500 to $470. pro rata basis. Therefore, the group absorbs computation, S’s capital loss would offset Furthermore, under § 1.1502–32(a)(3)(iii), P’s approximately $62 ($100 × 80/80 + 50) of P’s $40 ($60 × $60/$90) of the group’s $60 of basis in S’s stock is reduced by $30, from ordinary loss from Year 2, and approximately capital gain. Accordingly, S’s absorbed $500 to $470, immediately before the sale. $38 ($100 × 50/80 + 50) of S’s ordinary loss amount is $40. Consequently, P recognizes a $50 gain from in that year. P’s remaining $18 ($80–$62) of (iii) Basis reduction. Under paragraph the sale of S’s stock ($520¥$470), and T will ordinary loss in Year 2 and S’s remaining $12 (b)(2)(ii) of this section, S’s $40 absorbed have a $50 ($80—$30) NOL carryover to its ($50¥$38) of ordinary loss equal to its amount reduces P’s basis in S’s stock by $40 first separate return year. remaining absorbed amount may be carried from $200 to $160. On the sale of S’s stock, (iii) Excess loss account in lower-tier stock. back to Year 1 to offset $30 of the $100 of P recognizes a capital loss of $60 ($100 ¥ The facts are the same as in paragraph (i) of CTI in that year. For Year 2, the P group has $160). this Example 3, except that S has a $10 $30 remaining of its CNOL (all of which is (iv) Computation of CTI under generally excess loss account (ELA) in T’s stock (rather attributable to S) which is carried to the P applicable rules. In the actual computation than a $500 basis). Under paragraph (b)(1) of group’s Year 3 consolidated return year. under paragraph (b)(2)(iii)(A) of this section, this section, T’s stock is treated as disposed (iv) Lower-tier subsidiary. The facts are the P is treated as having a $50 capital loss ($60 of and its absorbed amount is determined same as in paragraph (i) of this Example 4, capital loss on the sale of S’s stock plus $10 under paragraph (b)(2)(i) of this section. except that S has no income or loss for Year capital gain). Therefore, the only capital gain Thus, T’s absorbed amount is determined by 2, but S’s wholly owned subsidiary, T, has in the actual computation is M1’s $50. There taking into account P’s $30 of ordinary an $80 ordinary loss. Under paragraph is a total of $120 of capital loss in the income but without taking into account P’s (b)(2)(v) of this section, T’s loss is subject to computation: S’s $40 of capital loss (equal to gain or loss on the disposition of S’s stock paragraph (b) of this section as if T’s stock its absorbed amount), as well as P’s $50 and and S’s inclusion of its ELA with respect to had been disposed of. To determine T’s M2’s $30 capital losses. M1’s $50 of capital T’s stock under § 1.1502–19(b)(1). absorbed amount, and the effect of the gain would be offset on a pro rata basis by Accordingly, T’s absorbed amount absorption of its losses under § 1.1502–32 on approximately $16.50 of S’s loss ($50 × $40/ determined under paragraph (b)(2)(i) of this S’s basis in its T stock and P’s basis in its $120), approximately $21.00 ($50 × $50/ section is $30. Under paragraph (b)(2)(ii) of S stock, the group’s taxable income is $120) of P’s $50 capital loss, and $12.50 ($50 this section, S’s ELA in its T stock is computed without taking into account P’s × $30/$120) of M2’s capital loss. Because less increased by $30, from $10 to $40, gain or loss from the sale of S’s stock. Of the than all of S’s absorbed amount of $40 would immediately before the disposition of T’s group’s $160 CNOL for Year 2, $100 is be used, the group’s CTI is determined under stock. Under § 1.1502–19(b), the ELA is carried back to Year 1 ($50 attributable to P the alternative computation of paragraph included in S’s income. Moreover, under and $50 attributable to T) and offsets $100 of (b)(2)(iii)(B) of this section. § 1.1502–32(b)(2), P’s basis in S’s stock is CTI in that year. Accordingly, T’s absorbed (v) Alternative computation of CTI. Under increased immediately before the sale by a amount determined under paragraph (b)(2)(i) paragraph (b)(2)(iii)(B)(1) of this section, S’s net $10 (S’s $40 inclusion of T’s ELA under of this section is $50. Under paragraph $40 capital loss (the amount and character of § 1.1502–19(b) minus T’s $30 absorbed loss (b)(2)(ii) of this section, S’s basis in T’s stock S’s absorbed amount) first offsets $40 of the that tiers up under § 1.1502–32(a)(3)(iii)) is reduced by $50. Under § 1.1502– $60 of capital gain (determined without from $500 to $510. Thus, P recognizes $10 of 32(a)(3)(iii), the $50 reduction to S’s basis in taking into account any gain or loss on P’s gain on the sale of S’s stock ($520¥$510), T’s stock tiers up and reduces P’s basis in its sale of S stock and without regard to M2’s and S takes into account $40 of gain from the 10 shares of S stock by $50. Consequently, capital loss of $30) generated by other inclusion of its ELA in T’s stock. T will have P’s basis in each of the 10 shares of S stock members. Accordingly, $20 of capital gain a $50 ($80¥$30) NOL carryover to its first will be decreased by $5 from $40 to $35. On (P’s $10 capital gain determined without separate return year. the sale of each of the 2 shares of S’s stock, regard to its loss on S’s stock plus M1’s $50
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capital gain minus S’s $40 absorbed amount) income to offset, paragraphs (b)(2)(iii)(B)(3) 1, P has a $550 basis in S’s stock. P sells all remains. Because P has no net stock gain, and (b)(2)(iii)(B)(4) of this section are of S’s stock for $50 at the close of Year 1. In paragraph (b)(2)(iii)(B)(2) of this section is inapplicable. Therefore, P’s $100 loss on S’s addition, P has a capital gain of $200 inapplicable. Under paragraph (b)(2)(iii)(B)(3) stock becomes a consolidated net capital loss (without regard to gain or loss on the sale of of this section, $10 (the amount of P’s capital carryover to the group’s Year 3 consolidated S’s stock). S has an ordinary loss of $50 and loss on S’s stock limited by the amount of its return year. M has an ordinary loss of $25. income included in the computation under Example 7. Netting of Disposing Member’s (ii) Determination of absorbed amount. To paragraph (b)(2)(i) of this section) of P’s Gains and Losses. (i) Facts. At the beginning determine S’s absorbed amount and the effect capital loss offsets the group’s $20 remaining of Year 1, P has a $120 basis in S’s stock. P of the absorption of its losses under § 1.1502– capital gain. Under paragraph (b)(2)(iii)(B)(4) sells all of S’s stock for $80 at the close of 32(b)(2) on P’s basis in S’s stock, the group’s of this section, capital losses of members Year 1. In addition, P has $60 capital loss on taxable income is computed without taking other than S offset the group’s remaining $10 the sale of portfolio stock. S has a capital loss into account P’s gain or loss from the of capital gain on a pro rata basis. Therefore, of $180. M1 has a capital gain of $100 and disposition of S’s stock. Under that the group will use $3.75 of M2’s $30 capital M2 has a capital loss of $120. computation, S’s $50 ordinary loss and M’s loss ($10 × $30/$80) and $6.25 of P’s $50 (ii) Determination of absorbed amount. To $25 ordinary loss offset $75 of P’s $200 remaining capital loss ($10 × $50/$80). The determine S’s absorbed amount and the effect capital gain. Accordingly, S’s absorbed group will have a $70 consolidated net of the absorption of its loss under § 1.1502– amount determined under paragraph (b)(2)(i) capital loss carryover to Year 2 ($43.75 32(b)(2) on P’s basis in S’s stock, the group’s of this section is $50. attributable to P and $26.25 attributable to taxable income is computed without taking (iii) Basis reduction and computation of M2). Paragraphs (b), (c), and (d)(6) of into account P’s gain or loss from the CTI under generally applicable rules. Under § 1.1502–36 will not cause P to adjust its disposition of S’s stock. Under that paragraph (b)(2)(ii) of this section, P’s basis basis in S’s stock immediately before P’s sale computation, S’s capital loss would offset in S’s stock is reduced by $50 from $550 to × of the S stock. However, S’s $20 unabsorbed $50 ($100 $180/($180 + $120 + $60)) of $500 immediately before the sale. capital loss that may be carried to its first M1’s $100 capital gain. Accordingly, S’s Consequently, P recognizes a $450 capital separate return year may be reduced under absorbed amount is $50. loss on the sale of S’s stock. In an actual the attribute reduction rule of § 1.1502– (iii) Basis reduction and computation of computation of CTI, $200 of P’s $450 capital 36(d)(2). CTI under generally applicable rules. Under loss on its sale of S’s stock would offset its Example 6. Loss disposition. (i) Facts. For paragraph (b)(2)(ii) of this section, P’s basis $200 capital gain and none of S’s absorbed Year 1, the P group has a consolidated net in S’s stock is reduced by $50 from $120 to amount would be used. Because less than all capital loss of $100, all of which is $70 immediately before the sale. of S’s absorbed amount of $50 would be Consequently, P recognizes a $10 capital gain attributable to S, and P and M have no used, the group’s CTI is determined under on the sale of S’s stock. In an actual income or loss. At the beginning of Year 2, the alternative computation of paragraph computation of CTI, P’s $10 capital gain on P has a $300 basis in S’s stock. P sells all of (b)(2)(iii)(B) of this section. the sale of S’s stock would be offset by $10 S’s stock for $100 at the close of Year 2. For (iv) Alternative computation of CTI. Under of P’s $60 capital loss. M1’s $100 capital gain Year 2, P and S have no income or loss paragraph (b)(2)(iii)(B)(1) of this section, S’s would be offset by $22.73 ($100 × $50/($50 (determined without taking into account P’s + $120 + $50)) of P’s $50 of net capital loss, $50 ordinary loss first offsets $50 of P’s $200 gain or loss from the disposition of S’s stock) $54.54 ($100 × $120/$220) of M2’s $120 capital gain. Therefore, after the absorption of and the group has consolidated capital gain × S’s loss equal to its absorbed amount, the capital loss and $22.73 ($100 $50/$220) of ¥ net income of $100 attributable solely to M. S’s $50 capital loss. Because less than all of group will have $150 ($200 $50) of (ii) Determination of absorbed amount. To S’s absorbed amount of $50 would be used, remaining capital gain. Because P has no net determine S’s absorbed amount and the effect the group’s CTI is determined under the stock gain to be added to the computation, of the absorption of its losses under § 1.1502– alternative computation of paragraph paragraph (b)(2)(iii)(B)(2) of this section is 32(b)(2) on P’s basis in S’s stock, the group’s (b)(2)(iii)(B) of this section. inapplicable. Under paragraph (b)(2)(iii)(B)(3) taxable income for Year 2 is computed (iv) Alternative computation of CTI. Under of this section, $150 of P’s $450 loss on S’s without taking into account P’s gain or loss paragraph (b)(2)(iii)(B)(1) of this section, $50 stock (the lesser of P’s $200 capital gain or from the disposition of S’s stock. The $100 of S’s capital loss (the amount and character the group’s $150 remaining capital gain) consolidated net capital loss carryover from of S’s absorbed amount) first offsets $50 of offsets the group’s remaining $150 of capital Year 1 attributable to S offsets the group’s the $100 capital gain (determined without gain. Because there is no more income in the $100 of consolidated capital gain net income taking into account any gain or loss on P’s group for M’s loss to offset, the amount under in Year 2. Accordingly, S’s absorbed amount sale of S stock and without regard to P’s and paragraph (b)(2)(iii)(B)(4) of this section is determined under paragraph (b)(2)(i) of this M2’s capital losses). Therefore, after the zero. Therefore, P’s remaining unused capital section is $100. absorption of S’s loss equal to its absorbed loss on S’s stock of $300 and M’s $25 (iii) Loss absorption and basis reduction. amount, there is $50 of remaining capital ordinary loss become carryovers to the Under paragraph (b)(2)(ii) of this section, P’s gain. P will have a $10 capital gain on the group’s Year 2 consolidated return year. basis in S’s stock is reduced from $300 to sale of S’s stock, a $60 capital loss on Example 9. Worthless Stock Loss. (i) Facts. $200 immediately before the disposition. portfolio stock, and M2 will have a $120 At the beginning of Year 1, P has a $120 basis Consequently, P recognizes a $100 capital capital loss. Under paragraph (b)(2)(iii)(B)(2) in S’s stock. For Year 1, P has $100 of loss on the sale of S’s stock. In an actual of this section, $10 of P’s $60 loss on ordinary income (determined without taking computation of CTI, P’s $100 capital loss on portfolio stock offsets its $10 gain on S’s into account P’s gain or loss on the S’s stock in Year 2 would offset M’s $100 stock before M2’s $120 capital loss is taken disposition of S’s stock) and S generates an capital gain in Year 2 before the consolidated into account. No member has a net loss on $80 ordinary loss. At the close of Year 1, S capital loss carryover from Year 1 and, as a subsidiary stock, and therefore paragraph issues stock to its creditors in a bankruptcy result, S’s $100 absorbed amount would not (b)(2)(iii)(B)(3) of this section does not apply. proceeding, and P’s stock in S is canceled. be used. Because less than all of S’s absorbed Under paragraph (b)(2)(iii)(B)(4) of this The aggregate of S’s historic gross receipts amount of $100 would be used, the group’s section, the remaining capital gain of $50 meets the requirements of section CTI is determined under the alternative after the application of paragraph 165(g)(3)(B), which allows P to claim an computation of paragraph (b)(2)(iii)(B) of this (b)(2)(iii)(B)(3) is offset pro rata by $14.70 ordinary loss with respect to S’s stock. section. ($50 × $50/($50 + $120)) of P’s capital loss (ii) Determination of absorbed amount. To (iv) Alternative Computation of CTI. Under and $35.30 ($50 × $120/$170) of M2’s capital determine S’s absorbed amount and the effect paragraph (b)(2)(iii)(B)(1) of section, S’s $100 loss. P’s unused capital loss of $35.30 and of the absorption under § 1.1502–32(b)(2) on consolidated net capital loss carryover from M2’s unused capital loss of $84.70 become a P’s basis in S’s stock, the group’s CTI is Year 1 first offsets M’s $100 of capital gain $120 consolidated net capital loss carryover computed without taking into account P’s in Year 2. Because P has no net stock gain to the group’s Year 2 consolidated return gain or loss from the disposition of S’s stock. to be added to the computation, the amount year. Under that computation, S’s $80 ordinary under paragraph (b)(2)(iii)(B)(2) of this Example 8. Character of Absorbed loss would offset $80 of P’s $100 of ordinary section is zero. Because there is no remaining Amount. (i) Facts. At the beginning of Year income. Accordingly, S’s absorbed amount
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under paragraph (b)(2)(i) of this section is (iii) Determination of absorbed amount. To disconformity amount. The share’s net $80. determine S’s absorbed amount and the effect positive adjustment is the greater of zero and (iii) Basis reduction and computation of of the absorption of its losses under § 1.1502– the sum of all investment adjustments (as CTI under generally applicable rules. Under 32(b)(2) on P’s basis in S’s stock, the group’s defined in § 1.1502–36(b)(1)(iii)) applied to paragraph (b)(2)(ii) of this section, S’s $80 CTI is computed without taking into account the basis of the share. The net positive absorbed amount reduces P’s basis in S’s P’s gain or loss from the disposition of S’s adjustment applied to the basis of the share stock from $120 to $40. Therefore, P’s stock. S’s $240 ordinary loss offsets $240 of is $80, S’s $100 income for Year 1 and its $20 worthless stock deduction with respect to S’s P’s $1,000 of ordinary income. Accordingly, absorbed amount for Year 2. The share’s stock is $40. In an actual computation of CTI, S’s absorbed amount is $240. disconformity amount is the excess, if any, of P’s separate taxable income under § 1.1502– (iv) Loss absorption and basis reduction. its basis ($580) over its allocable portion of 12 would be determined by offsetting P’s Under paragraph (b)(2)(ii) of this section, S’s S’s net inside attribute amount. S’s net inside $100 of ordinary income with its $40 $240 absorbed amount reduces P’s basis in attribute amount of $500 is the sum of S’s worthless stock deduction with respect to S’s S’s stock from $1,000 to $760. On the sale of $20 cash, S’s basis in Land of $420, and S’s stock, leaving $60 of ordinary income that S’s stock, P recognizes capital gain of $140 $60 loss carryover ($80 ¥ $20). Thus, the would be offset by S’s ordinary loss. ($900 ¥ $760). P’s ordinary income is offset share’s disconformity amount is $80 ($580 ¥ However, that computation would result in by $240 of S’s ordinary loss and $40 of M’s $500). The lesser of the net positive the absorption of only $60 of S’s losses. portion of the group’s consolidated charitable adjustment ($80) and the share’s Because less than all of S’s absorbed amount contributions deduction, resulting in CTI of disconformity amount ($80) is $80. of $80 would be used, the group’s CTI is $860 ($1,000 + $140 ¥ $280). Of the group’s Accordingly, under § 1.1502–36(c), P’s basis determined under the alternative excess charitable contributions of $120, $60 in S’s share is reduced by $80 from $580 to computation of paragraph (b)(2)(iii)(B) of this will be apportioned to S and carried to its $500, and after taking into account the section. first separate return year. The remaining $60 adjustments under paragraphs (b) and (c) of (iv) Alternative computation of CTI. Under of excess consolidated charitable § 1.1502–36, the transferred S share is still a paragraph (b)(2)(iii)(B)(1) of this section, S’s contributions is the group’s consolidated loss share ($480 sale price minus $500 basis). $80 ordinary loss first offsets $80 of P’s $100 charitable contribution carryover under (iv) Computation of CTI. In an actual of ordinary income. Therefore, after the § 1.1502–24(b). computation of CTI, P’s $30 of ordinary absorption of S’s loss equal to its absorbed Example 11. Application of Unified Loss income would be offset on a pro rata basis amount, the group will have $20 of Rule. (i) Facts. In Year 1, P purchases the sole by $20 ($30 × $40/$60) of M’s ordinary loss remaining ordinary income. Because P has no share of S’s stock for $500. At the time of the and $10 ($30 × $20/$60) of S’s ordinary loss. net stock gain to be added to the purchase, S owns Land with a basis of $420. Because less than all of S’s absorbed amount computation, the amount under paragraph During Year 1, P incurs a $100 ordinary loss of $20 would be used, the group’s CTI is (b)(2)(iii)(B)(2) of this section is zero. Under and S earns $100 in rental income, which determined under the alternative paragraph (b)(2)(iii)(B)(3) of this section, the increases P’s basis in S’s stock to $600. For computation of paragraph (b)(2)(iii)(B) of this group uses $20 of P’s $40 ordinary loss on Year 2, P has ordinary income of $30 section. Under paragraph (b)(2)(iii)(B)(1) of S’s stock to offset the remaining $20 income (determined without taking into account P’s this section, the computation of CTI is made of the group. Because there remains no more gain or loss from the disposition of S’s stock) by first computing the group’s taxable income in the group, the amount under and S incurs an ordinary loss of $80. At the income without taking into account P’s loss paragraph (b)(2)(iii)(B)(4) of this section is close of Year 2, S has $20 of cash in addition on the disposition of S’s stock and using only zero. P’s remaining $20 ordinary loss to Land. In addition to S, P has another S’s loss equal to its $20 absorbed amount. becomes a CNOL carryover to the group’s subsidiary M, which has an ordinary loss of Accordingly, the group’s $30 of ordinary Year 2 consolidated return year. $40 for Year 2. At the close of Year 2, when income is reduced by $20 of S’s ordinary Example 10. Charitable Contributions. (i) the value of Land has declined, P sells the loss, leaving $10 of remaining ordinary Facts. At the beginning of Year 1, P has a sole share of S’s stock for $480. No election income. Because P has no net stock gain to $1,000 basis in S’s stock. P sells all of its S is made under § 1.1502–36(d)(6) to reduce P’s be added to the computation, paragraph stock for $900 at the close of Year 1. For Year basis in S’s stock or reattribute S’s attributes (b)(2)(iii)(B)(2) of this section is inapplicable. 1, P has $1,000 of ordinary income to P. Under paragraph (b)(2)(iii)(B)(3) of this (determined without taking into account P’s (ii) Determination of absorbed amount. To section, the group’s remaining $10 of gain or loss on the disposition of S’s stock). determine S’s absorbed amount and the effect ordinary income is offset by a loss on the For Year 1, S makes a $100 charitable of the absorption of its losses under § 1.1502– disposition of subsidiary stock, subject to contribution and incurs $200 of ordinary and 32(b)(2) on P’s basis in S’s stock, the group’s applicable principles of the Code and necessary business expenses that are CTI is computed without taking into account regulations. The group’s remaining $10 of deductible under section 162(a). In addition, P’s gain or loss from the disposition of S’s income may not be offset by P’s capital loss P has a subsidiary M, which also makes a stock. Under paragraph (e)(1) of this section, on the sale of S’s stock, because P has no $100 charitable contribution. P’s $30 of ordinary income would be offset income of the same character on its loss on (ii) Determination of S’s portion of by $10 ($30 × $40/$120) of M’s ordinary loss S’s stock. Under paragraph (b)(2)(iii)(B)(4) of consolidated charitable contributions for Year 2 and $20 ($30 × $80/$120) of S’s this section, the group’s remaining $10 of deduction. Under § 1.1502–24(a), a group’s ordinary loss for Year 2. Accordingly, S’s ordinary income is offset by $10 of M’s consolidated charitable contributions absorbed amount determined under ordinary loss. M’s $30 unabsorbed loss is deduction is limited to ten percent of its paragraph (b)(2)(i) of this section is $20. carried over as a CNOL and P’s remaining adjusted consolidated taxable income as (iii) Loss absorption and basis reduction. $20 capital loss from the sale of S’s stock is defined in § 1.1502–24(c). Under paragraph Under paragraph (b)(2)(ii) of this section, S’s carried over as a consolidated net capital loss (b)(2)(iii)(D) of this section, S’s portion of the $20 absorbed amount reduces P’s basis in S’s to the group’s Year 3 consolidated return group’s consolidated charitable contributions stock from $600 (P’s $500 purchase price year. S’s $60 unused loss would be carried deduction is determined by computing the plus the $100 positive adjustment in Year 1) over to its separate return year subject to group’s taxable income without regard to P’s to $580. After taking into account the effects § 1.1502–36(d). Under § 1.1502–36(d)(2), S’s gain or loss on S’s stock. Thus, for purposes of all applicable rules of law, including attributes are reduced by S’s attribute of determining the consolidated charitable paragraph (b)(2)(ii) of this section, P would reduction amount. Under § 1.1502–36(d)(3), contributions deduction for Year 1, the recognize a $100 ($480 ¥ $580) loss on the S’s attribute reduction amount is the lesser of group’s CTI would be $800 (P’s $1,000 of sale of S’s stock. Thus, P’s sale of the S share the net stock loss and S’s aggregate inside income minus S’s $200 of section 162 is a transfer of a loss share and therefore loss. The net stock loss is $20, the excess of expenses). Accordingly, the consolidated subject to § 1.1502–36. Under § 1.1502– the $500 basis of the transferred share over charitable contributions deduction for Year 1 36(b)(1)(ii), P’s basis in its sole share of S’s the $480 value of the transferred share. S’s is limited to $80 ($800 × 10%), $40 stock is not subject to redetermination. Under aggregate inside loss is $20, the excess of its attributable to S and $40 attributable to M. § 1.1502–36(c), P’s basis in the S share ($580) $500 net inside attribute amount over the Accordingly, S’s ordinary loss for Year 1 is is reduced, but not below value, by the lesser $480 value of the S share. Therefore, the $240 ($200 + $40). of the share’s net positive adjustment and attribute reduction amount is $20, the lesser
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of the $20 net stock loss and the $20 group has a CNOL for a consolidated The revision and additions read as aggregate inside loss. Accordingly, S’s $20 return year, the amount of each follows: attribute reduction amount is applied to member’s separate net operating loss, as reduce from $60 to $40 the amount of S’s defined in § 1.1502–21(b)(2)(iv)(B)(1), § 1.1502–21 Net operating losses. NOL carryover to its separate return year. for the year that offsets the income or * * * * * (v) Election to reduce stock basis. The facts (b) * * * are the same as in paragraph (i) of this gain of other members is determined on Example 11 except that P elects under a pro rata basis under the principles of (2) * * * § 1.1502–36(d)(6)(i)(B) to reattribute S’s § 1.1502–21(b)(2)(iv). For example, if, (iv) * * * losses to the full extent of the attribute for the consolidated return year, P and (B) Percentage of CNOL attributable to reduction amount ($20). Accordingly, P is S1 have a separate net operating loss of a member—(1) In general. Except as treated as succeeding to $20 of S’s losses as $60 and $30, respectively, and S2 (the provided in paragraph (b)(2)(iv)(B)(2) of if acquired in a transaction described in only other member of the P group) has this section, the percentage of the CNOL section 381(a) (see § 1.1502–36(d)(6)(i)(B) and $21 of income, $14 of P’s net operating attributable to a member shall equal the (iv)(A)) and, as a result, P’s basis in the S loss and $7 of S1’s net operating loss separate net operating loss of the share is reduced from $500 to $480. After member for the consolidated return year giving effect to the election, P will have no offset S2’s $21 of income and are loss on S’s stock, the group will have a $50 absorbed in the year. divided by the sum of the separate net CNOL carryover to Year 3 ($30 attributable to (2) Pro-rata absorption of capital operating losses of all members having M and $20 attributable to P), and S will have losses. If the group has a consolidated such losses for that year. For this a $40 NOL carryover to its separate return net capital loss for a consolidated return purpose, the separate net operating loss year. year and any member has capital gain of a member is determined by (3) Effective/applicability date. This net income for the year (taking into computing the CNOL by reference to paragraph (b) applies to dispositions of account only its capital gains and only the member’s items of income, subsidiary stock occurring in losses), the amount of each member’s gain, deduction, and loss (excluding consolidated return years beginning on capital loss (as defined in paragraph capital gains and amounts treated as or after the date these regulations are (b)(1) of this section) that offsets the capital gains), including the member’s published as final regulations in the sum of the capital gain net income of losses and deductions actually absorbed Federal Register. other members (computed separately for by the group in the consolidated return (c) * * * each member) is determined on a pro year (whether or not absorbed by the (2) * * * rata basis under the principles of member). (i) Limitation on deductions and § 1.1502–21(b)(2)(iv). For purposes of (2) Recomputed percentage. If, for any losses to offset income or gain. First, the this paragraph (e)(2), the character of reason, a member’s portion of a CNOL determination of the extent to which S’s each member’s gains and losses is first is absorbed or reduced on a non pro rata deductions and losses for the determined on a consolidated basis. See basis (for example, under §§ 1.1502– consolidated return year of the §§ 1.1502–22 and 1.1502–23. 11(b) or (c), 1.1502–28, 1.1502–36(d), or disposition (and its deductions and (3) Effective/applicability date. This as the result of a carryback to a separate losses carried over from prior years) paragraph (e) applies to consolidated return year), the percentage of the CNOL may offset income and gain is made return years beginning on or after the attributable to each member is pursuant to paragraph (b)(2) of this date these regulations are published as recomputed. In addition, if a member section. final regulations in the Federal Register. with a separate net operating loss ceases (ii) Tentative adjustment of stock ■ Par. 3. Section 1.1502–12 is amended to be a member, the percentage of the basis. Second, § 1.1502–32 is tentatively by: CNOL attributable to each remaining applied to adjust the basis of the S stock ■ 1. Revising paragraphs (b) and (e). member is recomputed under paragraph to reflect the amount of S’s income and ■ 2. Removing and reserving paragraph (b)(2)(iv)(B)(1) of this section. The gain included, and S’s absorbed amount (m). recomputed percentage of the CNOL of losses, in the computation of The revisions read as follows: attributable to each member shall equal consolidated taxable income or loss for the remaining CNOL attributable to the the year of disposition (and any prior § 1.1502–12 Separate taxable income. member at the time of the years) that is made pursuant to * * * * * recomputation divided by the sum of paragraph (b)(2) of this section, but not (b) Any deduction that is disallowed the remaining CNOL attributable to all to reflect the realization of excluded under § 1.1502–15 shall be taken into of the remaining members at the time of COD income and the reduction of account as provided in that section; the recomputation. attributes in respect thereof. * * * * * * * * * * * * * * * (e) If a member disposes of a share of (3) * * * (4) Definition of lower-tier a subsidiary’s stock, the member’s (vi) Amount of subsidiary’s absorbed corporation. For purposes of this deduction or loss (if any) on the stock deductions and losses if subsidiary’s paragraph (c), lower-tier corporation that will be used in the consolidated stock is disposed of. For special rules means a lower-tier subsidiary described return year of the disposition and as a regarding the amount of a subsidiary’s in § 1.1502–36(f)(4). carryback to prior years is computed in deductions and losses that is absorbed * * * * * accordance with § 1.1502–11(b) or (c), as if a member disposes of a share of the (7) Effective/applicability date. *** appropriate. subsidiary’s stock, see § 1.1502–11(b) However, paragraphs (c)(2) and (4) of * * * * * and (c). this section apply to consolidated return (m) [Reserved] * * * * * years beginning on or after the date * * * * * (h) * * * these regulations are published as final ■ Par. 4. Section 1.1502–21 is amended (1) * * * regulations in the Federal Register. by: (iv) Paragraphs (b)(2)(iv)(B) and * * * * * ■ 1. Revising paragraph (b)(2)(iv)(B). (b)(3)(vi) of this section apply to (e) Absorption rule—(1) Pro rata ■ 2. Adding paragraphs (b)(3)(vi) and consolidated return years beginning on absorption of ordinary losses. If the (h)(1)(iv). or after the date these regulations are
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published as final regulations in the (2) * * * Agency, Air Planning and Development Federal Register. (ii) * * * For this purpose, the Branch, 11201 Renner Boulevard, * * * * * separate net operating loss of a member Lenexa, Kansas 66219. Comments may is determined by computing the also be submitted electronically or § 1.1502–21A [Removed] consolidated net operating loss by through hand delivery/courier by ■ Par. 5. Section 1.1502–21A is reference to only the member’s items of following the detailed instructions in removed. income, gain, deduction, and loss the ADDRESSES section of the direct final ■ Par. 6. Section 1.1502–22 is amended (excluding capital gains and amounts rule located in the rules section of this by: treated as capital gains), including the Federal Register. ■ 1. Revising paragraphs (a)(2) and (3). member’s losses and deductions ■ 2. Adding paragraph (a)(4). actually absorbed by the group in the FOR FURTHER INFORMATION CONTACT: The revisions and addition read as consolidated return year (whether or not Heather Hamilton, Environmental follows: absorbed by the member). Protection Agency, Air Planning and Development Branch, 11201 Renner § 1.1502–22 Consolidated capital gain and * * * * * loss. (l) Effective/applicability dates. This Boulevard, Lenexa, Kansas 66219 at section applies to refunds and tentative (913) 551–7039, or by email at * * * * * carryback adjustments paid after (a) * * * [email protected]. December 30, 1991. However, the last (2) The consolidated net section 1231 SUPPLEMENTARY INFORMATION: sentence of paragraph (g)(2)(ii) of this In the gain for the year (determined under section applies to separate net operating final rules section of this Federal § 1.1502–23); Register, EPA is approving the state’s (3) The net capital loss carryovers or losses of members incurred in consolidated return years beginning on SIP revision as a direct final rule carrybacks to the year; and without prior proposal because the (4) Applying the ordering rules of or after the date these regulations are published as final regulations in the Agency views this as a noncontroversial § 1.1502–11(b) if stock of a subsidiary is revision amendment and anticipates no disposed of. Federal Register. relevant adverse comments to this * * * * * John M. Dalrymple, action. A detailed rationale for the Deputy Commissioner for Services and approval is set forth in the Technical § 1.1502–22A [Removed] Enforcement. ■ Support Document that is part of this Par. 7. Section 1.1502–22A is [FR Doc. 2015–13982 Filed 6–10–15; 8:45 am] removed. rulemaking docket. If no relevant BILLING CODE 4830–01–P adverse comments are received in § 1.1502–23A [Removed] response to this action, no further ■ Par. 8. Section 1.1502–23A is activity is contemplated in relation to removed. ENVIRONMENTAL PROTECTION this action. If EPA receives relevant AGENCY adverse comments, the direct final rule § 1.1502–24 [Amended] 40 CFR Part 52 will be withdrawn and all public ■ Par. 9. Section 1.1502–24 is amended comments received will be addressed in by: [EPA–R07–OAR–2015–0358; FRL–9928–89– a subsequent final rule based on this ■ 1. Removing the words ‘‘Five percent’’ Region–7] proposed action. EPA will not institute in paragraph (a)(2) and adding ‘‘The a second comment period on this action. percentage limitation on the total Approval and Promulgation of Air Any parties interested in commenting charitable contribution deduction Quality Implementation Plans; Iowa; on this action should do so at this time. provided in section 170(b)(2)(A)’’ in its Grain Vacuuming Best Management Please note that if EPA receives adverse place. Practices (BMPs) and Rescission ■ 2. Removing ‘‘section 242,’’ and Rules comment on part of this rule and if that ‘‘§ 1.1502–25,’’ in paragraph (c). part can be severed from the remainder AGENCY: Environmental Protection of the rule, EPA may adopt as final PART 301—PROCEDURE AND Agency (EPA). those parts of the rule that are not the ADMINISTRATION ACTION: Proposed rule. subject of an adverse comment. For additional information, see the direct ■ Par. 10. The authority citation for part SUMMARY: The Environmental Protection Agency (EPA) proposes to approve the final rule which is located in the rules 301 is amended by revising the entry for section of this Federal Register. § 301.6402–7 to read in part as follows: State Implementation Plan (SIP) revision submitted by the State of Iowa List of Subjects in 40 CFR Part 52 Authority: 26 U.S.C. 7805. to amend Best Management Practices * * * * * (BMPs) for grain vacuuming operations Environmental protection, Air Section 301.6402–7 also issued under 26 at Group 1 grain elevators. Additional pollution control, Carbon monoxide, U.S.C. 6402(k). revisions to the SIP include revised Incorporation by reference, * * * * * definitions, revised requirements for Intergovernmental relations, Lead, ■ Par. 11. Section 301.6402–7 is Department forms, and rescinding rule Nitrogen dioxide, Ozone, Particulate amended by revising the last sentence of requirements and references for matter, Reporting and recordkeeping paragraph (g)(2)(ii) and paragraph (l) to conditional permits. requirements, Sulfur oxides, Volatile read as follows: DATES: Comments on this proposed organic compounds. action must be received in writing by § 301.6402–7 Claims for refund and Dated: May 28, 2015. applications for tentative carryback July 13, 2015. Mark Hague, adjustments involving consolidated groups ADDRESSES: Submit your comments, that include insolvent financial institutions. identified by Docket ID No. EPA–R07– Acting Regional Administrator, Region 7. * * * * * OAR–2015–0358, by mail to Heather [FR Doc. 2015–14088 Filed 6–10–15; 8:45 am] (g) * * * Hamilton, Environmental Protection BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION comment due to technical difficulties DEPARTMENT OF THE INTERIOR AGENCY and cannot contact you for clarification, the EPA may not be able to consider Fish and Wildlife Service 40 CFR Part 52 your comment. Electronic files should [EPA–R09–OAR–2015–0246; FRL–9928–10– avoid the use of special characters, any 50 CFR Part 20 Region 9] form of encryption, and be free of any [Docket No. FWS–HQ–MB–2014–0064; defects or viruses. FF09M21200–156–FXMB1231099BPP0] Revisions to the California State Implementation Plan, Butte County Air Docket: Generally, documents in the RIN 1018–BA67 Quality Management District, Feather docket for this action are available Migratory Bird Hunting; Supplemental River Air Quality Management District, electronically at www.regulations.gov Proposals for Migratory Game Bird and San Luis Obispo County Air and in hard copy at EPA Region IX, 75 Hunting Regulations for the 2015–16 Pollution Control District Hawthorne Street, San Francisco, California 94105–3901. While all Hunting Season; Notice of Meetings AGENCY: Environmental Protection documents in the docket are listed at AGENCY: Fish and Wildlife Service, Agency (EPA). www.regulations.gov, some information Interior. ACTION: Proposed rule. may be publicly available only at the ACTION: Proposed rule; supplemental. SUMMARY: The Environmental Protection hard copy location (e.g., copyrighted Agency (EPA) is proposing to approve material, large maps), and some may not SUMMARY: We, the U.S. Fish and revisions to the Butte County Air be publicly available in either location Wildlife Service (Service), proposed in Quality Management District (e.g., CBI). To inspect the hard copy an earlier document to establish annual (BCAQMD), Feather River Air Quality materials, please schedule an hunting regulations for certain Management District (FRAQMD), and appointment during normal business migratory game birds for the 2015–16 San Luis Obispo County Air Pollution hours with the contact listed in the FOR hunting season. This supplement to the Control District (SLOCAPCD) portions FURTHER INFORMATION CONTACT section. proposed rule provides the regulatory of the California State Implementation schedule, announces the Service FOR FURTHER INFORMATION CONTACT: Plan (SIP). These revisions concern Migratory Bird Regulations Committee Arnold Lazarus, EPA Region IX, (415) emission statements, definitions and and Flyway Council meetings, and 972–3024, [email protected]. mobile equipment coating. We are provides Flyway Council proposing to approve local rules to SUPPLEMENTARY INFORMATION: This recommendations resulting from their regulate these emission sources under proposal addresses the following local March meetings. the Clean Air Act (CAA or the Act). rules: BCAQMD Rule 101, BCAQMD DATES: Comments: You must submit DATES: Any comments on this proposal Rule 434, FRAQMD Rule 3.19 and comments on the proposed regulatory must arrive by July 13, 2015. SLOCAPCD Rule 222. In the Rules and alternatives for the 2015–16 duck hunting seasons on or before June 26, ADDRESSES: Submit comments, Regulations section of this Federal 2015, as detailed in the proposed rule identified by docket number EPA–R09– Register, we are approving these local published in the Federal Register on OAR–2015–0246, by one of the rules in a direct final action without April 13, 2015 (80 FR 19852). Following following methods: prior proposal because we believe these 1. Federal eRulemaking Portal: subsequent Federal Register notices, SIP revisions are not controversial. If we you will be given an opportunity to www.regulations.gov. Follow the on-line receive adverse comments, however, we instructions. submit comments for proposed early- will publish a timely withdrawal of the season frameworks by July 29, 2015, and 2. Email: [email protected]. direct final rule and address the 3. Mail or deliver: Andrew Steckel for proposed late-season frameworks by (Air-4), U.S. Environmental Protection comments in subsequent action based August 29, 2015. Agency Region IX, 75 Hawthorne Street, on this proposed rule. Please note that Meetings: The Service Migratory Bird San Francisco, CA 94105–3901. if we receive adverse comment on an Regulations Committee will meet to Instructions: All comments will be amendment, paragraph, or section of consider and develop proposed included in the public docket without this rule and if that provision may be regulations for early-season migratory change and may be made available severed from the remainder of the rule, bird hunting on June 24 and 25, 2015; online at www.regulations.gov, we may adopt as final those provisions and for late-season migratory bird including any personal information of the rule that are not the subject of an hunting and the 2015 spring/summer provided, unless the comment includes adverse comment. Alaskan migratory bird subsistence Confidential Business Information (CBI) season on July 29 and 30, 2015. All We do not plan to open a second or other information whose disclosure is meetings will commence at comment period, so anyone interested restricted by statute. Information that approximately 8:30 a.m. and are open to you consider CBI or otherwise protected in commenting should do so at this the public. time. If we do not receive adverse should be clearly identified as such and ADDRESSES: Comments: You may submit should not be submitted through comments, no further activity is comments on the proposals by one of www.regulations.gov or email. planned. For further information, please the following methods: www.regulations.gov is an ‘‘anonymous see the direct final action. • Federal eRulemaking Portal: http:// access’’ system, and the EPA will not Dated: May 8, 2015. www.regulations.gov. Follow the know your identity or contact Alexis Strauss, instructions for submitting comments information unless you provide it in the on Docket No. FWS–HQ–MB–2014– Acting Regional Administrator, Region IX. body of your comment. If you send 0064. email directly to the EPA, your email [FR Doc. 2015–14077 Filed 6–10–15; 8:45 am] • U.S. mail or hand-delivery: Public address will be automatically captured BILLING CODE 6560–50–P Comments Processing, Attn: FWS–HQ– and included as part of the public MB–2014–0064; Division of Policy, comment. If the EPA cannot read your Performance, and Management
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Programs; U.S. Fish and Wildlife regulations recommendations for regular 1. Ducks Service, MS: BPHC; 5275 Leesburg Pike, waterfowl seasons and other species and Duck harvest management categories Falls Church, VA 22041. seasons not previously discussed at the are: (A) General Harvest Strategy; (B) We will not accept emailed or faxed early-season meetings. In addition, the Regulatory Alternatives, including comments. We will post all comments SRC will develop recommendations for specification of framework dates, season on http://www.regulations.gov. This the 2016 spring/summer migratory bird length, and bag limits; (C) Zones and generally means that we will post any subsistence season in Alaska. Split Seasons; and (D) Special Seasons/ personal information you provide us In accordance with Departmental Species Management. (see the Public Comments section, policy, these meetings are open to below, for more information). public observation. You may submit A. General Harvest Strategy Meetings: The Service Migratory Bird written comments to the Service on the Council Recommendations: The Regulations Committee will meet at the matters discussed. Mississippi Flyway Council U.S. Fish and Wildlife Service, 5275 recommended that regulations changes Leesburg Pike, Falls Church, Virginia. Announcement of Flyway Council be restricted to one step per year, both Meetings FOR FURTHER INFORMATION CONTACT: Ron when restricting as well as liberalizing W. Kokel at: Division of Migratory Bird Service representatives will be hunting regulations. Management, U.S. Fish and Wildlife present at the individual meetings of the Service Response: As we stated in the Service, Department of the Interior, four Flyway Councils this July. April 13, 2015, Federal Register, the MS:MB, 5275 Leesburg Pike, Falls Although agendas are not yet available, final adaptive harvest management Church, VA 22041; (703) 358–1714. these meetings usually commence at 8 (AHM) protocol for the 2015–16 season SUPPLEMENTARY INFORMATION: a.m. on the days indicated and are also will be detailed in the early-season open to the public. proposed rule, which will be published Regulations Schedule for 2015 in mid-July. Atlantic Flyway Council: July 23–24, On April 13, 2015, we published in Hilton Albany, Albany, NY. B. Regulatory Alternatives the Federal Register (80 FR 19852) a proposal to amend 50 CFR part 20. The Mississippi Flyway Council: July 23– Council Recommendations: The proposal provided a background and 24, Doubletree Hotel, New Orleans, LA. Mississippi and Central Flyway overview of the migratory bird hunting Central Flyway Council: July 23–24, Councils recommended that regulatory regulations process, and addressed the Best Western GranTree Inn, Bozeman, alternatives for duck hunting seasons establishment of seasons, limits, and MT. remain the same as those used in 2014– other regulations for hunting migratory 15. Pacific Flyway Council: July 24, Service Response: As we stated in the game birds under §§ 20.101 through Whitney Peak Hotel, Reno, NV. 20.107, 20.109, and 20.110 of subpart K. April 13, 2015, Federal Register, the This document is the second in a series Review of Public Comments final regulatory alternatives for the of proposed, supplemental, and final 2015–16 season will be detailed in the rules for migratory game bird hunting This supplemental rulemaking early-season proposed rule, which will regulations. We will publish proposed describes Flyway Council recommended be published in mid-July. changes based on the preliminary early-season frameworks in early July C. Zones and Split Seasons and late-season frameworks in early proposals published in the April 13, August. We will publish final regulatory 2015, Federal Register. We have Council Recommendations: The frameworks for early seasons on or included only those recommendations Mississippi and Central Flyway about August 15, 2015, and for late requiring either new proposals or Councils recommended no changes to seasons on or about September 19, 2015. substantial modification of the the existing zone and split season preliminary proposals and do not guidelines. However, they further Service Migratory Bird Regulations include recommendations that simply recommended that States be provided Committee Meetings support or oppose preliminary the option of changing duck zones and The Service Migratory Bird proposals and provide no recommended split arrangements in either the 2016–17 Regulations Committee (SRC) will meet alternatives. Our responses to some or 2017–18 seasons, with the next open June 24–25, 2015, to review information Flyway Council recommendations, but season in 2021 for the 2021–25 period. not others, are merely a clarification to on the current status of migratory shore 4. Canada Geese and upland game birds and develop aid the reader on the overall regulatory 2015–16 migratory game bird process, not a definitive response to the A. Special Seasons regulations recommendations for these issue. We will publish responses to all Council Recommendations: The species, plus regulations for migratory proposals and written comments when Pacific Flyway Council recommended game birds in Alaska, Puerto Rico, and we develop final frameworks. increasing season length from 7 to 15 the Virgin Islands. The SRC will also We seek additional information and days and the daily bag limit from 2 to develop regulations recommendations comments on the recommendations in 5 for Canada geese in Idaho. for September waterfowl seasons in this supplemental proposed rule. New designated States, special sea duck proposals and modifications to B. Regular Seasons seasons in the Atlantic Flyway, and previously described proposals are Council Recommendations: The extended falconry seasons. In addition, discussed below. Wherever possible, Mississippi Flyway Council the SRC will review and discuss they are discussed under headings recommended that the framework preliminary information on the status of corresponding to the numbered items opening date for all species of geese for waterfowl. identified in the April 13, 2015, the regular goose seasons be September At the July 29–30, 2015, meetings, the proposed rule. Only those categories 16, 2015, in the Lower Peninsula of SRC will review information on the requiring your attention or for which we Michigan and Wisconsin, and current status of waterfowl and develop received Flyway Council September 11, 2015, in the Upper 2015–16 migratory game bird recommendations are discussed below. Peninsula of Michigan.
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6. Brant open public meetings, and Federal discussions and work on the Atlantic For the 2015–16 Atlantic brant Register notifications. Under the new brant issue with the Atlantic Flyway season, we will continue to use the regulatory schedule due to be Council this summer in preparation for existing Flyway Cooperative implemented this fall and winter for the the 2016–17 season. For a more detailed discussion of the Management Plan for this species to 2016–17 migratory bird hunting various technical aspects of the new determine the appropriate hunting regulations, neither the expected 2016 regulatory process, we refer the reader regulations. However, as we discuss brant production information (available to the 2013 Supplementary below, the process for determining summer 2016) nor the 2016 MWS count Environmental Impact Statement regulations for the 2016–17 season will (conducted in January 2016) will be available on our Web site at http:// need to be modified. In the April 30, available this October, when the www.fws.gov/migratorybirds. 2014 (79 FR 24512), and the April 13, decisions on proposed Atlantic brant 2015 (80 FR 19852), Federal Registers, frameworks for the 2016–17 seasons 8. Swans must be made. However, the 2016 MWS we discussed how, under the new will be completed and winter brant data Council Recommendations: The regulatory process, the current early- available by the expected publication of Atlantic, Mississippi, and Central and late-season regulatory actions will the final frameworks (late February Flyway Councils recommended be combined into a new single process 2016). Therefore, while we plan to increasing tundra swan permit numbers beginning with the 2016–17 seasons. discuss this issue with the Atlantic by 25 percent (2,400 permits) for the Regulatory proposals will be developed Flyway Council this summer, we 2015–16 season, if the final 3-year using biological data from the preceding envision proposing frameworks for running average mid-winter count year(s), model predictions, or most Atlantic brant in 2016–17 similar to the exceeds 110,000 Eastern Population recently accumulated data that are ones laid out below, with the final tundra swans, in accordance with the available at the time the proposals are decision to be determined by the 2016 Eastern Population tundra swan being formulated. Individual harvest MWS count: management plan. strategies will be modified using data If the MWS count is <100,000 Atlantic 9. Sandhill Cranes from the previous year(s) because the brant, the season will be closed. current year’s data would not be If the MWS count is between 100,000 Council Recommendations: The available for many of the strategies. and 125,000 brant, States may select a Atlantic and Mississippi Flyway Further, we stated that, during this 30-day season between the Saturday Councils recommended that Kentucky transition period, harvest strategies and nearest September 24 and January 31, be granted an operational sandhill crane prescriptions would be modified to fit with a 2-bird daily bag limit. States may hunting season beginning in 2015 into the new regulatory schedule. split their seasons into 2 segments. following the guidelines established in Atlantic brant is one such species that If the MWS count is between 125,000 the Eastern Population of Sandhill will require some modifications to the and 150,000 brant, States may select a Cranes Management Plan (EP regulatory process that we have largely 50-day season between the Saturday Management Plan). Kentucky’s used since 1992 to establish the annual nearest September 24 and January 31, operational season would consist of a frameworks. with a 2-bird daily bag limit. States may maximum season length of 60 days In developing the annual proposed split their seasons into 2 segments. (with no splits) to be held between frameworks for Atlantic brant in the If the MWS count is between 150,000 September 1 and January 31, with a past, the Atlantic Flyway Council and and 200,000 brant, States may select a daily bag limit of 2 birds, and a season the Service used the number of brant 60-day season between the Saturday limit of 3 birds. Hunting would occur counted during the Mid-winter nearest September 24 and January 31, between sunrise and sunset. Per the Waterfowl Survey (MWS) in the with a 2-bird daily bag limit. States may guidelines set forth in the EP Atlantic Flyway, and took into split their seasons into 2 segments. Management Plan, and based on the consideration the brant population’s If the MWS count is >200,000 brant, state’s 5-year peak average of 12,072 expected productivity that summer. The States may select a 60-day season birds, Kentucky would be allowed to MWS is conducted each January, and between the Saturday nearest September issue a maximum of 1,207 tags during expected brant productivity is based on 24 and January 31, with a 3-bird daily the 2015–16 season. These permits early-summer observations of breeding bag limit. States may split their seasons would be divided among 400 permitted habitat conditions and nesting effort in into 2 segments. hunters. Hunters would be required to important brant nesting areas. Thus, the While only an illustration at this take mandatory whooping crane data under consideration were available point, the example prescriptive identification training, utilize Service- before the annual Flyway and SRC regulatory frameworks listed above are approved nontoxic shot shells, tag birds, decision-making meetings took place in identical to those contained in the report harvest daily via Kentucky’s late July. Although the existing Atlantic Flyway Council’s current reporting system, and complete a post- regulatory alternatives for Atlantic brant Atlantic brant hunt plan (2011), with season survey. were developed by factoring together the exception of considering expected The Central and Pacific Flyway long-term productivity rates (observed brant production. However, at this time Councils recommended using the Rocky during November and December our new regulatory schedule will likely Mountain Population (RMP) sandhill productivity surveys) with estimated preclude any formal consideration of crane harvest allocation of 938 birds as observed harvest under different the brant population’s expected proposed in the allocation formula framework regulations, the primary productivity in the summer. While using the 3-year running population decision-making criterion for selecting something similar to this process would average for 2012–14. The Councils also the annual frameworks was the MWS be a slight change to the existing recommended that, under the new count. mechanics of the Atlantic brant hunt annual regulatory process beginning In the April 13, 2015, Federal plan, we believe it would have no with the 2016–17 season, the harvest Register, we presented the major steps significant effects on the long-term strategy described in the Pacific and in the 2016–17 regulatory cycle relating conservation of the Atlantic brant Central Flyway Management Plan for to biological information availability, resource. We look forward to continuing RMP sandhill cranes be published in the
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proposed season frameworks and be Councils recommended use of the afford the public an opportunity to used to determine allowable harvest. ‘‘standard’’ season framework participate in the rulemaking process. They recommended that the final comprising a 90-day season and 15-bird Accordingly, we invite interested allowable harvest each year be included daily bag limit for States within the persons to submit written comments, in the final season frameworks Eastern Management Unit. The daily bag suggestions, or recommendations published in February. limit could be composed of mourning regarding the proposed regulations. The Pacific Flyway Council doves and white-winged doves, singly Before promulgation of final migratory recommended some minor changes to or in combination. game bird hunting regulations, we will the hunt area boundaries in Idaho to The Mississippi and Central Flyway take into consideration all comments we simplify and clarify hunt area Councils recommend the use of the receive. Such comments, and any descriptions. More specifically, Area 5 ‘‘standard’’ season package of a 15-bird additional information we receive, may would now include all of Franklin daily bag limit and a 70-day season for lead to final regulations that differ from County and Area 1 would include all of the 2015–16 mourning dove season in these proposals. Caribou County except that portion the States within the Central You may submit your comments and lying within the Grays Lake Basin. Management Unit. materials concerning the proposed rule Service Response: Regarding the RMP The Pacific Flyway Council by one of the methods listed in crane harvest and the new regulatory recommended use of the ‘‘standard’’ ADDRESSES. We will not accept process, this issue is very similar to the season framework for States in the comments sent by email or fax or to an Atlantic brant issue discussed above Western Management Unit (WMU) address not listed in ADDRESSES. under 6. Brant. Currently, results of the population of doves. In Idaho, Nevada, Finally, we will not consider hand- fall survey of RMP sandhill cranes, Oregon, Utah, and Washington, the delivered comments that we do not upon which the annual allowable season length would be no more than 60 receive, or mailed comments that are harvest is based, will continue to be consecutive days with a daily bag limit not postmarked, by the date specified in released between December 15 and of 15 mourning and white-winged doves DATES. We will post all comments in January 31 each year, which is after the in the aggregate. In Arizona and their entirety—including your personal date for which proposed frameworks California, the season length would be identifying information—on http:// will be formulated. If the usual no more than 60 consecutive days, www.regulations.gov. Before including procedures for determining allowable which could be split between two your address, phone number, email harvest were used, data 2–4 years old periods, September 1–15 and November address, or other personal identifying would be used to determine the annual 1–January 15. In Arizona, during the information in your comment, you allocation for RMP sandhill cranes. Due first segment of the season, the daily bag should be aware that your entire to the variability in fall survey counts limit would be 15 mourning and white- comment—including your personal and recruitment for this population, and winged doves in the aggregate, of which identifying information—may be made their impact on the annual harvest no more than 10 could be white-winged publicly available at any time. While allocations, we agree that relying on doves. During the remainder of the you can ask us in your comment to data that is 2–4 years old is not ideal. season, the daily bag limit would be 15 withhold your personal identifying Thus, we look forward to continuing mourning doves. In California, the daily information from public review, we discussions and work on the RMP crane bag limit would be 15 mourning and cannot guarantee that we will be able to issue with the Central and Pacific white-winged doves in the aggregate, of do so. Comments and materials we Flyway Councils this summer in which no more than 10 could be white- receive, as well as supporting preparation for the 2016–17 season. winged doves. documentation we used in preparing the The Central Flyway Council also proposed rule, will be available for 11. Moorhens and Gallinules recommended that the Service adopt a public inspection on http:// Council Recommendations: The new ‘‘standard’’ season package www.regulations.gov, or by Atlantic Flyway Council recommended framework comprising a 90-day season appointment, during normal business allowing the hunting of purple and 15-bird daily bag limit for States hours, at the U.S. Fish and Wildlife swamphens in Florida beginning in within the Central Management Unit Service, Division of Migratory Bird 2015. They recommended that hunting beginning with the 2016–17 hunting Management, 5275 Leesburg Pike, Falls be allowed during any open waterfowl season. Church, VA. season and that all regulations in 50 For each series of proposed CFR 20 subparts C and D would apply. 17. Alaska rulemakings, we will establish specific Further, they recommended a daily bag Council Recommendations: The comment periods. We will consider, but limit of 25 birds, with a possession limit Pacific Flyway Council recommended possibly may not respond in detail to, of 75. They also recommended that we several changes in the Alaska early- each comment. As in the past, we will exclude this species from monitoring season frameworks. Specifically, they summarize all comments we receive programs. recommended: during the comment period and respond 1. In Unit 18, in western Alaska, to them after the closing date in any 15. Band-Tailed Pigeons increasing white-fronted geese daily bag final rules. Council Recommendations: The and possession limits from 8 and 24, to Required Determinations Central and Pacific Flyway Councils 10 and 30, respectively. recommended decreasing the season 2. For Canada geese in Units 6–B, 6– Based on our most current data, we length for the Interior Population of C, and on Hinchinbrook and Hawkins are affirming our required band-tailed pigeons from 30 days to 14 Islands in Unit 6–D, increasing the determinations made in the proposed days, and decreasing the bag limit from possession limit from two times to three rule; for descriptions of our actions to 5 to 2. times the daily bag limit. ensure compliance with the following statutes and Executive Orders, see our 16. Mourning Doves Public Comments April 13, 2015, proposed rule (80 FR Council Recommendations: The The Department of the Interior’s 19852): Atlantic and Mississippi Flyway policy is, whenever practicable, to • National Environmental Policy Act;
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• Endangered Species Act; List of Subjects in 50 CFR Part 20 promulgated for the 2015–16 hunting • Regulatory Planning and Review; Exports, Hunting, Imports, Reporting season, is authorized under 16 U.S.C. 703–711, 16 U.S.C. 712, and 16 U.S.C. • Regulatory Flexibility Act; and recordkeeping requirements, Transportation, Wildlife. 742 a–j. • Small Business Regulatory Dated: June 2, 2015. Enforcement Fairness Act; Authority Michael J. Bean, • Paperwork Reduction Act; The rulemaking outlined in the proposed rule published in the Federal Principal Deputy Assistant Secretary for Fish • Unfunded Mandates Reform Act; Register on April 13, 2015 (80 FR and Wildlife and Parks. • Executive Orders 12630, 12988, 19852) and in this supplemental notice [FR Doc. 2015–14128 Filed 6–10–15; 8:45 am] 13175, 13132, and 13211. of proposed rulemaking, proposed to be BILLING CODE 4310–55–P
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Notices Federal Register Vol. 80, No. 112
Thursday, June 11, 2015
This section of the FEDERAL REGISTER products is a particular hazard of FSIS updated the guidance to replace contains documents other than rules or concern in RTE foods, including meat the previous version of the document proposed rules that are applicable to the and poultry products, because they which was issued and announced in the public. Notices of hearings and investigations, generally receive no further processing Federal Register (79 FR 22082, April 21, committee meetings, agency decisions and for food safety before consumption. 2014). FSIS updated this guidance based rulings, delegations of authority, filing of petitions and applications and agency Listeriosis is a serious infection usually on comments received during the public statements of organization and functions are caused by eating food contaminated comment period which closed on June examples of documents appearing in this with Lm. 20, 2014. FSIS made the following section. On April 21, 2014, FSIS announced changes to the guidance in response to the availability of its ‘‘Best Practices comments: Clarified that food Guidance for Controlling Listeria processing equipment should be DEPARTMENT OF AGRICULTURE monocytogenes (Lm) in Retail disassembled during cleaning and Delicatessens’’ and requested comment sanitizing, added a recommendation Food Safety and Inspection Service on the guidance (79 FR 22082). As that retailers scrub surfaces during explained in the 2014 Federal Register [Docket No. FSIS–2013–0038] cleaning to prevent biofilm formation, notice, FSIS used the key findings from and clarified that retailers should rotate Best Practices Guidance for the FSIS and Food and Drug (change) sanitizers to help prevent Lm Controlling Listeria monocytogenes in Administration (FDA) ‘‘Interagency Risk from establishing niches in the Retail Delicatessens Assessment—Listeria monocytogenes in environment and forming biofilms. The Retail Delicatessens’’ available on FSIS’s response to comments section below AGENCY: Food Safety and Inspection Web site at http://www.fsis.usda.gov/ contains a more detailed summary of Service, USDA. wps/portal/fsis/topics/science/risk- the comments and FSIS’s responses to ACTION: Notice of availability. assessments, the available scientific those comments. Although comments 1 knowledge, the 2013 FDA Food Code, will no longer be accepted through SUMMARY: The Food Safety and and lessons learned from controlling Lm www.regulations.gov on this guidance Inspection Service (FSIS) is announcing in FSIS-inspected meat and poultry document, FSIS will update this the availability of its updated ‘‘Best processing establishments to develop Practices Guidance for Controlling document as necessary should new the Best Practices Guidance for information become available. Listeria monocytogenes (Lm) in Retail Controlling Lm in Retail Delis. The Delicatessens’’ and responding to guidance provides practical Response to Comments comments received on the guidance that recommendations that retailers can use FSIS posted on its Web site and to control Lm contamination and FSIS received six comments on the announced in April 2014 in the Federal outgrowth in the deli. Retailers can use ‘‘FSIS Best Practices Guidance for Register. The best-practices guidance the best-practices guidance to help Controlling Lm in Retail Delicatessens’’ discusses steps that retailers can take to ensure that RTE meat and poultry (FSIS Retail Lm Guideline). The prevent certain ready-to-eat (RTE) foods products in the deli area are handled comments were from a meat-processing that are prepared or sliced in retail under sanitary conditions and are not company, a trade organization that delicatessens (delis) and consumed in adulterated under the Federal Meat represents retail stores, two companies the home, such as deli meats and deli Inspection Act (FMIA) (21 U.S.C. 601 et that provide sanitation services, one salads, from becoming contaminated seq.) or the Poultry Products Inspection company that produces antimicrobial with Lm and thus a source of listeriosis. Act (PPIA) (21 U.S.C. 451 et seq.) (see agents, and one trade organization that FSIS encourages retailers to review the 21 U.S.C. 623(d) and 464(e)). While represents meat-processing companies. guidance and evaluate the effectiveness these practices are specifically designed The following is a summary of the of their retail practices and intervention to control Lm, they also may help comments that were received and FSIS’s strategies in reducing the risk of control other foodborne pathogens that responses to the comments. listeriosis to consumers from RTE meat may be introduced into the retail deli Comment: Several commenters and poultry deli products. environment and other facilities where supported FSIS issuing the Retail Lm FOR FURTHER INFORMATION CONTACT: consumers take possession of food. Guideline and recommended that FSIS Daniel Engeljohn, Assistant Final Guidance issue other guidelines that retailers and Administrator, Office of Policy and food service operators can use. One Program Development; Telephone: (202) The final guidance is posted at: commenter stated that the hazard of Lm 205–0495, or by Fax: (202) 720–2025. http://www.fsis.usda.gov/wps/portal/ does not change with production at a fsis/topics/regulatory-compliance/ SUPPLEMENTARY INFORMATION: smaller facility and recommended that compliance-guides-index. delis use the FSIS Compliance Background Guideline: ‘‘Controlling Lm in Post- 1 The FDA 2013 Food Code is a model to assist lethality Exposed Ready-to-Eat Meat and Lm is a bacterium that is found in food control jurisdictions at all levels of the moist environments, soil, and decaying government by providing them with a scientifically Poultry Products’’ (FSIS Listeria vegetation and can persist along the sound technical and legal basis for regulating food Guideline). The FSIS Listeria Guideline food continuum. Transfer of the service, retail food stores, or food vending is posted at http://www.fsis.usda.gov/ operations. For additional information on the FDA wps/wcm/connect/d3373299-50e6- bacterium from the environment (e.g., Food Code visit the FDA Web site at http://www. deli cases, slicers, and utensils), fda.gov/Food/GuidanceRegulation/RetailFood 47d6-a577-e74a1e549fde/Controlling- employees, or contaminated food Protection/FoodCode/default.htm. Lm-RTE-Guideline.pdf?MOD=AJPERES.
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Response: FSIS agrees that it is surfaces during cleaning to prevent disability, age, marital status, family/ important to provide guidance for biofilm formation. parental status, income derived from a retailers and may issue additional Comment: One commenter public assistance program, or political guidelines as needed. While the FSIS recommended that FSIS compliance beliefs, exclude from participation in, Listeria Guideline for industry investigators treat the best practices as deny the benefits of, or subject to discussed in the preceding paragraph guidance and not regulatory discrimination any person in the United provides useful information about requirements when performing in- States under any program or activity controlling Lm in federally inspected commerce surveillance at retail. The conducted by the USDA. establishments, it does not provide commenter requested that FSIS instruct information for deli operators. Because its compliance investigators that the How To File a Complaint of the requirements, processing conditions, best practices are recommendations and Discrimination not requirements. The commenter also and practices are different at retail than To file a complaint of discrimination, in processing facilities, issuing this recommended that compliance investigators provide the retail store complete the USDA Program separate guideline provides the specific Discrimination Complaint Form, which information retailers can use to control management with FSIS guidance and other guidance documents that are may be accessed online at http://www. Lm in the deli area. ocio.usda.gov/sites/default/files/docs/ Comment: Three commenters available if they determine that store _ _ _ _ management is not aware of Listeria 2012/Complain combined 6 8 12.pdf, questioned whether the or write a letter signed by you or your recommendation to rotate sanitizers to control actions. Response: FSIS agrees that the authorized representative. help prevent Lm from developing guidance represents FSIS’s best resistance to sanitizers and forming Send your completed complaint form practices recommendations and does biofilms was necessary. One commenter or letter to USDA by mail, fax, or email: not represent requirements that retailers stated that there is no scientific Mail: U.S. Department of Agriculture, must meet. FSIS issued instructions to evidence that Lm develops resistance to Director, Office of Adjudication, 1400 its compliance investigators to make sanitizers. The commenters Independence Avenue SW., them aware that this guidance did not recommended that retailers focus on Washington, DC 20250–9410, Fax: (202) include requirements. FSIS is not aware 690–7442, Email: removing the biofilm during the of any instance in which compliance washing step and not the sanitizing investigators have enforced FSIS [email protected]. step. guidance as though it were a regulatory Persons with disabilities who require Response: Research has shown that requirement. FSIS is instructing its alternative means for communication Lm may become resistant to chlorine compliance investigators through (Braille, large print, audiotape, etc.), and other sanitizers,2 and several training materials that they should should contact USDA’s TARGET Center industry guidelines recommend rotating inform retailers that the guidance is at (202) 720–2600 (voice and TDD). sanitizers.3456 Therefore, in the available on the FSIS Web site. Retailers Additional Public Notification guidance, FSIS continues to recommend are required by the FMIA and PPIA to this practice to help prevent Lm from maintain sanitary conditions and Public awareness of all segments of establishing niches in the environment otherwise not produce adulterated or rulemaking and policy development is and forming biofilms. FSIS agrees with misbranded product. The guidance important. Consequently, FSIS will the commenters that biofilm formation provides actions retailers can take to announce this Federal Register is a concern in the deli environment and help ensure that they are meeting the publication on-line through the FSIS should be addressed during the cleaning requirements of the FMIA and PPIA. step. To address this concern, FSIS has Web page located at: http:// Retailers also should be aware that the www.fsis.usda.gov/federal-register. added a new recommendation to scrub recommendations in the guideline, especially those based on the 2013 FDA FSIS also will make copies of this 2 Folsom, JP and JF Frank. Chlorine resistance of Food Code, may be requirements in publication available through the FSIS Listeria monocytogenes biofilms and relationship to State, local, or Tribal regulations. Constituent Update, which is used to subtype, cell density, and planktonic cell chlorine Comment: One commenter stated that provide information regarding FSIS resistance. Journal of Food Protection. Volume 69, policies, procedures, regulations, number 6, pages 1292–1296, June 2006. it is important to disassemble 3 Pennsylvania State University (Penn State), equipment when cleaning to find hard- Federal Register notices, FSIS public College of Agricultural Sciences, Agricultural to-reach areas where Lm can hide. The meetings, and other types of information Research and Cooperative Extension. Control of commenter stated that FSIS should that could affect or would be of interest Listeria monocytogenes in Small Meat and Poultry to our constituents and stakeholders. Establishments, 2003.http://extension.psu.edu/ amend the recommendation to clean food/safety/other-topics/controlling-listeria/ and sanitize RTE food-processing The Update is available on the FSIS Cotrolling-Listeria-2.pdf/view (Sampling for Lm, equipment every four hours to include Web page. Through the Web page, FSIS rotating sanitizers). is able to provide information to a much 4 recommendations to disassemble the FDA, Guidance for Industry: Control of Listeria equipment during cleaning. broader, more diverse audience. In monocytogenes in Refrigerated or Frozen Ready-To- addition, FSIS offers an email Eat Foods; Draft Guidance, February, 2008. Found Response: FSIS agrees that it is at: http://www.fda.gov/Food/GuidanceRegulation/ important to disassemble equipment subscription service which provides GuidanceDocumentsRegulatoryInformation/ (e.g., slicers) when cleaning every four automatic and customized access to FoodProcessingHACCP/ucm073110.htm. hours as recommended by the 2013 FDA selected food safety news and 5 Food Safety Authority of Ireland. The Control information. This service is available at: and Management of Listeria monocytogenes Food Code and has clarified this Contamination of Food. 2005. Found at: https:// information in the guidance. http://www.fsis.usda.gov/subscribe. www.fsai.ie/WorkArea/DownloadAsset. Options range from recalls to export aspx?id=1234. USDA Nondiscrimination Statement information, regulations, directives, and 6 Tompkin RB, Scott VN, Bernard DT, Sveum No agency, officer, or employee of the notices. Customers can add or delete WH, and Gombas KS. 1999. Guidelines to prevent subscriptions themselves, and have the post-processing contamination from Listeria USDA shall, on the grounds of race, monocytogenes. Dairy, Food and Environmental color, national origin, religion, sex, option to password protect their Sanitation 19 (8): 551–562. gender identity, sexual orientation, accounts.
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Done in Washington, DC, on June 8, 2015. to specific Codex committees, please International Plant Protection Alfred V. Almanza, identify the committee(s) in your Convention. The President, pursuant to Acting Administrator. comments and submit a copy of your Proclamation No. 6780 of March 23, [FR Doc. 2015–14330 Filed 6–10–15; 8:45 am] comments to the delegate from that 1995 (60 FR 15845), designated the U.S. BILLING CODE 3410–DM–P particular committee. Department of Agriculture as the agency Docket: For access to background responsible for informing the public of documents or comments received, visit the SPS standard-setting activities of DEPARTMENT OF AGRICULTURE the FSIS Docket Room at Patriots Plaza each international standard-setting 3, 355 E Street SW., Room 8–164, organization. The Secretary of Food Safety and Inspection Service Washington, DC 20250–3700, between Agriculture has delegated to the Office [Docket No. FSIS–2015–0010] 8:00 a.m. and 4:30 p.m., Monday of Food Safety the responsibility to through Friday. A complete list of U.S. inform the public of the SPS standard- International Standard-Setting delegates and alternate delegates can be setting activities of Codex. The Office of Activities found in Attachment 2 of this notice. Food Safety has, in turn, assigned the FOR FURTHER INFORMATION CONTACT: responsibility for informing the public AGENCY: Office of Food Safety, USDA. Mary Frances Lowe, United States of the SPS standard-setting activities of ACTION: Notice. Manager for Codex, U.S. Department of Codex to the U.S. Codex Office. Codex was created in 1963 by two SUMMARY: This notice informs the public Agriculture, Office of Food Safety, of the sanitary and phytosanitary Room 4861, South Agriculture Building, United Nations organizations, the Food standard-setting activities of the Codex 1400 Independence Avenue SW., and Agriculture Organization (FAO) and Alimentarius Commission (Codex), in Washington, DC 20250–3700; telephone: the World Health Organization (WHO). accordance with section 491 of the (202) 205–7760; fax: (202) 720–3157; Codex is the principal international Trade Agreements Act of 1979, as email: [email protected]. organization for establishing standards amended, and the Uruguay Round For information pertaining to for food. Through adoption of food Agreements Act. This notice also particular committees, contact the standards, codes of practice, and other provides a list of other standard-setting delegate of that committee. Documents guidelines developed by its committees activities of Codex, including pertaining to Codex and specific and by promoting their adoption and commodity standards, guidelines, codes committee agendas are accessible via implementation by governments, Codex of practice, and revised texts. This the Internet at http://www.codex seeks to protect the health of consumers, notice, which covers Codex activities alimentarius.org/meetings-reports/en/. ensure fair practices in the food trade, during the time periods from June 1, The U.S. Codex Office also maintains a and promote coordination of food 2014, to May 31, 2015, and June 1, 2015, Web site at http://www.fsis.usda.gov/ standards work undertaken by to May 31, 2016, seeks comments on wps/portal/fsis/topics/international- international governmental and standards under consideration and affairs/us-codex-alimentarius. nongovernmental organizations. In the recommendations for new standards. SUPPLEMENTARY INFORMATION: United States, U.S. Codex activities are managed and carried out by the United ADDRESSES: FSIS invites interested Background States Department of Agriculture persons to submit comments on this (USDA); the Food and Drug notice. Comments may be submitted by The World Trade Organization (WTO) was established on January 1, 1995, as Administration (FDA), Department of one of the following methods: Health and Human Services (HHS); the • Federal eRulemaking Portal: This the common international institutional National Oceanic and Atmospheric Web site provides the ability to type framework for the conduct of trade Administration (NOAA), Department of short comments directly into the relations among its members in matters Commerce (DOC); and the comment field on this Web page or related to the Uruguay Round Trade Environmental Protection Agency attach a file for lengthier comments. Go Agreements. The WTO is the successor (EPA). to http://www.regulations.gov. Follow organization to the General Agreement the on-line instructions at that site for on Tariffs and Trade (GATT). United As the agency responsible for submitting comments. States membership in the WTO was informing the public of the SPS • Mail, including CD–ROMs, etc.: approved and the Uruguay Round standard-setting activities of Codex, the Send to U.S. Department of Agriculture Agreements Act (Uruguay Round Office of Food Safety publishes this (USDA), FSIS, 1400 Independence Agreements) was signed into law by the notice in the Federal Register annually. Avenue SW., Mailstop 3782, Room President on December 8, 1994, Public Attachment 1 (Sanitary and 8–163B, Washington, DC 20250–3700. Law 103–465, 108 Stat. 4809. The Phytosanitary Activities of Codex) sets • Hand- or courier-delivered items: Uruguay Round Agreements became forth the following information: Deliver to OPPD, RIMS, Docket effective, with respect to the United 1. The SPS standards under Clearance Unit, Patriots Plaza 3, 355 E States, on January 1, 1995. The Uruguay consideration or planned for Street SW., Room 8–164, Washington, Round Agreements amended the Trade consideration; and DC 20250–3700. Agreements Act of 1979. Pursuant to 2. For each SPS standard specified: Instructions: All items submitted by section 491 of the Trade Agreements Act a. A description of the consideration mail or electronic mail must include the of 1979, as amended, the President is or planned consideration of the Agency name and docket number FSIS– required to designate an agency to be standard; 2015–0010. Comments received in ‘‘responsible for informing the public of b. Whether the United States is response to this docket will be made the sanitary and phytosanitary (SPS) participating or plans to participate in available for public inspection and standard-setting activities of each the consideration of the standard; posted without change, including any international standard-setting c. The agenda for United States personal information, to http:// organization.’’ (19 U.S. C. 2578) The participation, if any; and www.regulations.gov. main international standard-setting d. The agency responsible for Please state that your comments refer organizations are Codex, the World representing the United States with to Codex and, if your comments relate Organisation for Animal Health, and the respect to the standard.
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TO OBTAIN COPIES OF THE FSIS also will make copies of this and South-West Pacific; and regional STANDARDS LISTED IN publication available through the FSIS coordinators from the six regional ATTACHMENT 1, PLEASE CONTACT Constituent Update, which is used to committees. Canada is the elected THE CODEX DELEGATE OR THE U.S. provide information regarding FSIS representative from North America; the CODEX OFFICE. policies, procedures, regulations, United States will participate as an This notice also solicits public Federal Register notices, FSIS public advisor. The Executive Committee will comment on standards that are currently meetings, and other types of information conduct a critical review of the under consideration or planned for that could affect or would be of interest elaboration of Codex standards and will consideration and recommendations for to our constituents and stakeholders. consider the implementation status of new standards. The delegate, in The Update is available on the FSIS the Codex Strategic Plan, the conjunction with the responsible Web page. Through the Web page, FSIS management of the Trust Fund for the agency, will take the comments received is able to provide information to a much Participation of Developing Countries into account in participating in the broader, more diverse audience. In and Countries in Transition in the Work consideration of the standards and in addition, FSIS offers an email of the Codex Alimentarius and a proposing matters to be considered by subscription service which provides proposal for a successor initiative to the Codex. automatic and customized access to Trust Fund, papers prepared by the The U.S. delegate will facilitate public selected food safety news and Secretariat on Codex Work Management participation in the United States information. This service is available at: and Functioning of the Executive Government’s activities relating to http://www.fsis.usda.gov/subscribe. Committee and Revitalization of the Codex Alimentarius. The U.S. delegate Options range from recalls to export FAO/WHO Coordinating Committees, as will maintain a list of individuals, information, regulations, directives, and well as financial and budgetary issues. groups, and organizations that have notices. Customers can add or delete Responsible Agency: USDA/FSIS. U.S. Participation: Yes. expressed an interest in the activities of subscriptions themselves, and have the the Codex committees and will option to password protect their Codex Committee on Residues of disseminate information regarding U.S. accounts. Veterinary Drugs in Foods delegation activities to interested Done at Washington, DC, on: June 8, 2015. The Codex Committee on Residues of parties. This information will include Mary Frances Lowe, Veterinary Drugs in Foods (CCRVDF) the status of each agenda item; the U.S. U.S. Manager for Codex Alimentarius. determines priorities for the Government’s position or preliminary consideration of residues of veterinary position on the agenda items; and the Attachment 1 drugs in foods and recommends time and place of planning meetings Sanitary and Phytosanitary Activities of Maximum Residue Limits (MRLs) for and debriefing meetings following Codex veterinary drugs. The Committee also Codex committee sessions. In addition, develops codes of practice, as may be the U.S. Codex Office makes much of Codex Alimentarius Commission and required, and considers methods of the same information available through Executive Committee sampling and analysis for the its Web page, http://www.fsis.usda.gov/ The Codex Alimentarius Commission determination of veterinary drug wps/portal/fsis/topics/international- will convene for its 38th Session July 6– residues in food. A veterinary drug is affairs/us-codex-alimentarius. If you 11, 2015, in Geneva, Switzerland. At defined as any substance applied or would like to access or receive that time, it will consider standards, administered to any food producing information about specific committees, codes of practice, and related matters animal, such as meat or milk producing please visit the Web page or notify the forwarded to the Commission by the animals, poultry, fish or bees, whether appropriate U.S. delegate or the U.S. general subject committees, commodity used for therapeutic, prophylactic or Codex Office, Room 4861, South committees, and regional coordinating diagnostic purposes, or for modification Agriculture Building, 1400 committees for adoption as Codex of physiological functions or behavior. Independence Avenue SW., standards and guidance. The A Codex Maximum Residue Limit Washington, DC 20250–3700 (uscodex@ Commission will also consider the (MRL) for residues of veterinary drugs is fsis.usda.gov). implementation status of the Codex the maximum concentration of residue The information provided in Strategic Plan, the management of the resulting from the use of a veterinary Attachment 1 describes the status of Trust Fund for the Participation of drug (expressed in mg/kg or ug/kg on a Codex standard-setting activities by the Developing Countries and Countries in fresh weight basis) that is recommended Codex Committees for the time periods Transition in the work of the Codex by the Codex Alimentarius Commission from June 1, 2014, to May 31, 2015, and Alimentarius and a proposal for a to be permitted or recognized as June 1, 2015, to May 31, 2016. successor initiative to the Trust Fund, acceptable in or on a food. Residues of Attachment 2 provides a list of U.S. papers prepared by the Secretariat on a veterinary drug include the parent Codex Officials (including U.S. Codex Work Management and compounds or their metabolites in any delegates and alternate delegates). A list Functioning of the Executive Committee edible portion of the animal product, of forthcoming Codex sessions may be and Revitalization of the FAO/WHO and include residues of associated found at: http://www.codex Coordinating Committees, as well as impurities of the veterinary drug alimentarius.org/meetings-reports/en/. financial and budgetary issues. concerned. An MRL is based on the type Prior to the Commission meeting, the and amount of residue considered to be Additional Public Notification Executive Committee will meet at its without any toxicological hazard for Public awareness of all segments of 17th Session, June 30–July 3, 2015. It is human health as expressed by the rulemaking and policy development is composed of the chairperson; vice- Acceptable Daily Intake (ADI) or on the important. Consequently, FSIS will chairpersons; seven members elected basis of a temporary ADI that utilizes an announce this Federal Register from the Commission from each of the additional safety factor. The MRL also publication on-line through the FSIS following geographic regions: Africa, takes into account other relative public Web page located at: http:// Asia, Europe, Latin America and the health risks as well as food www.fsis.usda.gov/federal-register. Caribbean, Near East, North America, technological aspects.
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When establishing an MRL, (sheep tissues) recommendations of foods for infants and young children; consideration is also given to residues the 75th JECFA (2011) in flour, meal, semolina and flakes that occur in food of plant origin or the • Draft provisions on establishment of derived from wheat, maize or barley; environment. Furthermore, the MRL MRLs for honey (for inclusion in the and in cereal grains (wheat, maize and may be reduced to be consistent with Risk Analysis Principles applied by barley) destined for further official recommended or authorized CCRVDF) processing, including sampling plans usage, approved by national authorities, Responsible Agencies: HHS/FDA/ and performance criteria for methods of the veterinary drugs under practical Center for Veterinary Medicine; USDA/ of analysis conditions. FSIS. To be considered for adoption at Step An Acceptable Daily Intake (ADI) is U.S. Participation: Yes. 5: an estimate made by the Joint FAO/ • Proposed draft maximum level for Codex Committee on Contaminants in WHO Expert Committee on Food inorganic arsenic in husked rice Foods Additives (JECFA) of the amount of a • Proposed draft revision of the Code of veterinary drug, expressed on a body The Codex Committee on Practice for the Prevention and weight basis, which can be ingested Contaminants in Foods (CCCF) Reduction of Mycotoxin daily in food over a lifetime without establishes or endorses permitted Contamination in Cereals (CAC/RCP appreciable health risk. maximum levels (ML) and, where 51–2003) The Committee met for its 22nd necessary, revises existing guidelines The Committee will continue working Session in San Jose´, Costa Rica, from levels for contaminants and naturally April 27–May 1, 2015. The relevant on: occurring toxicants in food and feed; • document is REP15/RVDF. The Proposed draft maximum level for prepares priority lists of contaminants total aflatoxins in ready to eat peanuts following items are to be considered for and naturally occurring toxicants for adoption by the 38th Session of the including sampling plan risk assessment by the Joint FAO/WHO • Commission in July 2015: Proposed draft maximum levels for Expert Committee on Food Additives; lead in selected fruits and vegetables To be considered for approval: considers and elaborates methods of • Priority List of veterinary drugs (fresh and processed) analysis and sampling for the • Proposed draft maximum level for requiring evaluation or re-evaluation determination of contaminants and by JECFA cadmium in chocolate and cocoa- naturally occurring toxicants in food derived products To be considered at Step 5/8: and feed; considers and elaborates • • Proposed draft Code of Practice for Proposed draft MRLs for derquantel standards or codes of practice for related the Prevention and Reduction of (sheep tissues), emamectin benzoate subjects; and considers other matters Arsenic Contamination in Rice (salmon and trout tissues) and assigned to it by the Commission in • Proposed draft annexes to the Code of monepantel (sheep tissues) relation to contaminants and naturally Practice for the Prevention and recommended by the 78th JECFA occurring toxicants in food and feed. Reduction of Mycotoxin (2013) The Committee convened for its 9th • Contamination in Cereals (CAC/RCP Proposed draft Risk Management Session in New Delhi, India, March 16– 51–2003) Recommendations (RMRs) for 20, 2015. The relevant document is • Proposed draft Code of Practice for dimetridazole, ipronidazole, REP15/CF. The following items are to be the Prevention and Reduction of metronidazole, and ronidazole considered for adoption by the 38th Mycotoxin Contamination in Spices The Committee will continue working Session of the Commission in July 2015: • Ergot Alkaloids on: To be considered for approval: • Maximum levels for Methylmercury • Draft RMR for gentian violet • Priority list of contaminants and in fish • Proposed draft MRLs for ivermectin naturally occurring toxicants for • Maximum levels for mycotoxins in (cattle muscle) and lasalocid sodium JECFA evaluation spices (chicken, turkey, quail and pheasant To be considered for adoption at Step • Priority list of contaminants and tissues) 8 and 5/8: naturally occurring toxicants • Discussion paper on the • Draft and proposed draft maximum proposed for evaluation by JECFA establishment of a rating system to • levels for lead in fruit juices and Submission and use of data from establish priority for CCRVDF work nectars (excluding juices exclusively Global Environment Monitoring (eWG chaired by France) from berries and other small fruits), Systems/Food • Discussion paper on unintended • Approaches for phasing-in of lower presence of residues of veterinary ready to drink; canned fruits (excluding berries and other small maximum levels for contaminants drugs in food commodities resulting • Radionuclides in foods fruits); canned vegetables (excluding from the carry-over of drug residues Responsible Agencies: HHS/FDA; into feed (eWG chaired by the United canned brassica, canned leafy vegetables and canned legume USDA/FSIS. States and co-chaired by Canada) U.S. Participation: Yes. • Global survey to provide information vegetables); berries and other small to the CCRVDF to move compounds fruits (excluding cranberry, currant Codex Committee on Food Additives from the database on countries needs and elderberry); cranberry; currant; elderberry; brassica vegetables; The Codex Committee on Food for MRLs to the JECFA Priority List Additives (CCFA) establishes or (eWG co-chaired by the United States legume vegetables; fruiting vegetables, cucurbits; fruiting vegetables, other endorses acceptable maximum levels and Costa Rica) (MLs) for individual food additives; • Database on countries needs for MRLs than cucurbits (excluding fungi and mushrooms) prepares a priority list of food additives The Committee recommended that for risk assessment by the Joint FAO/ work on the following items be To be considered for adoption at Step WHO Expert Committee on Food considered for discontinuation: 8: Additives (JECFA); assigns functional • Proposed draft MRLs for derquantel • Draft maximum levels for classes to individual food additives; (sheep tissues), and monepantel deoxynivalenol (DON) in cereal-based recommends specifications of identity
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and purity for food additives for • Alignment of the food additive human health; preparing priority lists of adoption by the Codex Alimentarius provisions of commodity standards pesticides for evaluation by the Joint Commission; considers methods of and relevant provisions of the GSFA FAO/WHO Meeting on Pesticide analysis for the determination of (eWG led by Australia and the United Residues (JMPR); considering methods additives in food; and considers and States) of sampling and analysis for the elaborates standards or codes of practice • Discussion paper of the use of specific determination of pesticide residues in for related subjects such as the labeling food additives in the production of food and feed; considering other matters of food additives when sold as such. wine (eWG led by France and in relation to the safety of food and feed The 47th Session of the Committee met Australia) containing pesticide residues; and in Xi’an, China, March 23–27, 2015. The • Discussion paper on secondary establishing maximum limits for relevant document is REP15/FA. additives (eWG led by the European environmental and industrial Immediately prior to the Plenary Union) contaminants showing chemical or Session, there was a two-day physical • Proposed draft revision of Sections other similarity to pesticides in specific Working Group on the General Standard 4.1.c and 5.1.c of the General food items or groups of food. for Food Additives (GSFA) chaired by Standard for the Labeling of Food The 47th Session of the Committee the United States. The following items Additives When Sold as Such met in Beijing, China, April 13–18, will be considered by the 38th Session (CODEX STAN 107–1981) (eWG led 2015. The relevant document is REP15/ of the Commission in July 2015: by the United States) PR. The following items will be To be considered for approval: • Amendments to the INS for food considered at the 38th Session of the • Proposal for additions and changes to additives Codex Alimentarius Commission in July the priority-list of substances • Specifications for the Identity and 2015: proposed for evaluation by JECFA Purity of Food Additives (80th JECFA) To be considered for adoption: To be considered for adoption: • Information document on the GSFA • • Guidance to Facilitate the • Revised food additives section of the Information document on the food Establishment of MRLs for Pesticides Standard for Bouillons and additive provisions in commodity for Minor Crops including Appendix Consomme´s (Codex Stan 117–1981) standards on Methodology to Assign Crops into • Revised food additives provisions of The Committee also agreed to Consumption Categories (for GSFA food category 12.5 (Soups and convene a physical Working Group on inclusion as an annex to the Risk broths) and its sub-categories the GSFA immediately preceding the • Analysis Principles Applied by the Corrections to food additive 48th session of CCFA to be chaired by Codex Committee on Pesticide provisions of GSFA related to the the United States that will discuss: Residues alignments of the five meat • Outstanding provisions related to To be considered for adoption at Step commodity standards food additive provisions in Table 1 5/8: To be considered at Step 8 and 5/8: and 2 in food categories 01.2 through • • Draft and proposed draft food additive 08.4, information and justification on Proposed draft MRLs for pesticides provisions of the GSFA the use of nisin (INS 234) in food To be considered for adoption at Step To be considered at Step 5/8: category 08.3.2 (Heat-treated 5: • Proposed draft Specifications for the processed comminuted meat, poultry, • Proposed draft MRLs for pesticides Identity and Purity of Food Additives and game products) The Committee will continue working • • Proposed draft amendments to the Comments submitted in response to on: International Numbering System (INS) CL 2015/9–FA on the revision of the • Draft MRLs for pesticides for Food Additives (CAC/GL 36–1989) provision for quillaia extracts (INS • Proposed draft MRLs for pesticides The Committee will continue working 999(i), (ii)) in food category 14.1.4 • Draft revision to the Classification of on: (Water-based flavored drinks, Food and Feed (vegetable commodity • Proposed draft food additive including ‘‘sport,’’ ‘‘energy,’’ or groups: Group 015-Pulses) provisions of the GSFA ‘‘electrolyte’’ drinks and particulate • Proposed draft revision to the Æ Information and justification on the drinks Classification of Food and Feed (other • use of nisin (INS 234) in food Comments submitted in response to vegetable commodity groups: Group category 08.3.2 (Heat-treated CL 2015/9–FA on proposals for the 014 Legume vegetables) processed comminuted meat, use of paprika extract (INS 160c(ii)) • Proposed draft revision to the poultry, and game products) in for inclusion in Tables 1 and 2 of the Classification of Food and Feed: general, and specifically in GSFA 1. Group 011—Fruiting vegetables, • products conforming to the New proposals and proposed cucurbits corresponding commodity revisions of food additive provisions 2. Group 020—Grasses of cereal grains standards (electronic Working in the GSFA 3. Group 021—Grasses for sugars or Group (eWG) led by the United Responsible Agency: HHS/FDA. syrup production States) U.S. Participation: Yes. 4. Group 024—Seeds for beverages Æ Outstanding food additive and sweets Codex Committee on Pesticide Residues provisions in Table 1 and 2 in food • Proposed draft tables on examples of categories 01.2 through 08.4, with The Codex Committee on Pesticide selection of representative the exclusion of food categories Residues (CCPR) is responsible for commodities (for inclusion in the 04.1.2.4, 04.2.2.4, 04.2.2.5, 04.2.2.6, establishing maximum limits for principles and guidance for the 05.1.1, 05.1.3 and 05.1.4 (from the pesticide residues in specific food items selection of representative 47th CCFA, Agenda Item 5(c)) or in groups of food; establishing commodities for the extrapolation of • Proposed draft revision of the food maximum limits for pesticide residues maximum residue limits for category 01.1 (Milk and dairy-based in certain animal feeding stuffs moving pesticides for commodity groups) drinks) and its sub-categories of the in international trade where this is • Proposed draft Guidance on GSFA (eWG led by New Zealand) justified for reasons of protection of Performance Criteria for Methods of
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Analysis for the Determination of • Criteria for endorsement of biological the Commission at its 38th Session in Pesticide Residues methods to detect chemical of July 2015. The Committee will continue • Establishment of Codex schedules and concern working on the following items: priority list of pesticides for • Practical Examples (Information • Draft principles and/or guidelines for evaluation by JMPR Document) the exchange of information • • Discussion paper on the impact of the Procedures for determining (including questionnaires) between relocation of Vigna spp. under the uncertainty of measurement results countries to support food import and • Development of procedures/ Beans (dry) on the CXLs for Peas (dry) export guidelines for determining • Draft guidance for monitoring the Responsible Agencies: EPA; USDA/ equivalency to Type I methods • performance of National Food Control FSIS. Criteria approach for methods which Systems U.S. Participation: Yes. use a ‘‘sum of components’’ • • Revision of the Principles and Review and update of methods in Guidelines for the Exchange of Codex Committee on Methods of Codex Stan 234–1999 Analysis and Sampling • Information in Food Safety Follow-up on methods of analysis and Emergency Situations (CAC/GL 19– The Codex Committee on Methods of sampling plans • 1995) Analysis and Sampling (CCMAS) Sampling in Codex standards • Revision of the Guidelines for the defines the criteria appropriate to Codex Responsible Agencies: HHS/FDA; Exchange of Information between Methods of Analysis and Sampling; USDA/Grain Inspection, Packers and Countries on Rejections of Imported serves as a coordinating body for Codex Stockyards Administration. Food (CAC/GL 25–1997) • with other international groups working Codex Committee on Food Import and Discussion paper on system on methods of analysis and sampling comparability/equivalence Export Inspection and Certification • and quality assurance systems for Systems Discussion paper on the possibilities laboratories; specifies, on the basis of of the use of electronic certificates by final recommendations submitted to it The Codex Committee on Food Import competent authorities as well as the by the bodies referred to above, and Export Inspection and Certification migration to paperless certification reference methods of analysis and Systems is responsible for developing Responsible Agencies: USDA/FSIS; sampling appropriate to Codex principles and guidelines for food HHS/FDA. standards which are generally import and export inspection and U.S. Participation: Yes. certification systems, with a view to applicable to a number of foods; Codex Committee on Food Labelling considers, amends if necessary, and harmonizing methods and procedures endorses as appropriate, methods of that protect the health of consumers, The Codex Committee on Food analysis and sampling proposed by ensure fair trading practices, and Labelling drafts provisions on labeling Codex commodity committees, except facilitate international trade in applicable to all foods; considers, for methods of analysis and sampling foodstuffs; developing principles and amends, and endorses draft specific for residues of pesticides or veterinary guidelines for the application of provisions on labeling prepared by the drugs in food, the assessment of measures by the competent authorities Codex Committees drafting standards, microbiological quality and safety in of exporting and importing countries to codes of practice, and guidelines; and food, and the assessment of provide assurance, where necessary, studies specific labeling problems specifications for food additives; that foodstuffs comply with assigned by the Codex Alimentarius elaborates sampling plans and requirements, especially statutory Commission. The Committee also procedures, as may be required; health requirements; developing studies problems associated with the considers specific sampling and guidelines for the utilization, as and advertisement of food with particular analysis problems submitted to it by the when appropriate, of quality assurance reference to claims and misleading Commission or any of its Committees; systems to ensure that foodstuffs descriptions. and defines procedures, protocols, conform with requirements and promote The Committee met for its 42nd guidelines or related texts for the the recognition of these systems in Session in Rome, Italy, October 21–24, assessment of food laboratory facilitating trade in food products under 2014. The relevant document is REP15/ proficiency, as well as quality assurance bilateral/multilateral arrangements by FL. There are no items to be considered systems for laboratories. countries; developing guidelines and for adoption by the Commission at its The 36th Session of the Committee criteria with respect to format, 38th Session (July 2015). The met in Budapest, Hungary, February 23– declarations, and language of such Committee plans to continue work on 27, 2015. The relevant document is official certificates as countries may the following items: • REP15/MAS. The following items will require with a view towards Revision of the Guidelines for the be considered by the Commission at its international harmonization; making Production, Processing, Labeling and 38th Session in July 2015: recommendations for information Marketing of Organically Produced exchange in relation to food import/ To be considered for adoption: Foods: Organic Aquaculture export control; consulting as necessary • Revision of the General Standard for • Methods of Analysis and Sampling in with other international groups working the Labelling of Prepackaged Foods: Codex Standards at different steps on matters related to food inspection Date Marking To be considered for adoption at Step and certification systems; and • Discussion paper on the labelling of 5/8: considering other matters assigned to it non-retail containers • • by the Commission in relation to food Discussion paper on issues related to Principles for the Use of Sampling Internet sales of food and Testing in International Food inspection and certification systems. The 21st Session of the Committee • Proposal to revise the General Trade—Proposed Draft Explanatory convened in Brisbane, Australia, Guidelines for the Use of the Term Notes October 13–17, 2014. The relevant ‘‘Halal’’ (CAC/GL 24–1997) The Committee will continue working document is REP15/FICS. There are no Responsible Agencies: HHS/FDA; on: items to be considered for adoption by USDA/FSIS.
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U.S. Participation: Yes. U.S. Participation: Yes. • Draft amendment to the Standard for Foods for Special Dietary Use for Codex Committee on Food Hygiene Codex Committee on Fresh Fruits and Persons Intolerant to Gluten (Codex Vegetables The Codex Committee on Food STAN 118–1979), to add the term Hygiene: The Codex Committee on Fresh Fruits ‘‘Khorasan wheat’’ • Develops basic provisions on food and Vegetables (CCFFV) is responsible To be considered for adoption at Step hygiene applicable to all food or to for elaborating worldwide standards and 8: codes of practice as may be appropriate specific food types; • Draft revision of the General • for fresh fruits and vegetables; for Considers and amends or endorses Principles for the Addition of consulting as necessary, with other provisions on food hygiene contained Essential Nutrients to Foods international organizations in the in Codex commodity standards and To be considered for adoption at Step standards development process to avoid codes of practice developed by other 5/8: Codex commodity committees; duplication. • • Considers specific food hygiene The 19th Session of the Committee Proposed draft Additional or Revised problems assigned to it by the will meet in Mexico, October 5–9, 2015. Nutrient Reference Values for Commission; The Committee will continue discussing Labelling Purposes in the Guidelines • Suggests and prioritizes areas where the following items: on Nutrition Labelling (CAC/GL2– • 1985) there is a need for microbiological risk Proposed draft Standard for Ware • assessment at the international level Potato Proposed draft Nutrient Reference and develops questions to be • Proposed draft Standard for Garlic Value (NRV) for Potassium in addressed by the risk assessors; and • Proposed draft Standard for Relation to the Risk of Non- • Considers microbiological risk Aubergines Communicable Disease (NCD) management matters in relation to • Proposed draft Standard for Kiwifruit To be recommended for • food hygiene and in relation to FAO/ Proposals for new work for Codex discontinuation: WHO risk assessments. standards for fresh fruits and • Proposed draft amendment of the The Committee convened for its 46th vegetables Standard for Processed Cereal-Based • Proposed layout for Codex standards Session in Lima, Peru, November 17–21, Foods for infants and Young Children for fresh fruits and vegetables 2014. The relevant document is REP 15/ (CODEX STAN 74–1981) to include a FH. The following items will be Responsible Agencies: USDA/AMS; New Part B for Underweight Children considered by the Commission at its HHS/FDA. The Committee will continue working 38th Session in July 2015: U.S. Participation: Yes. on: To be considered for adoption: Codex Committee on Nutrition and • Proposed draft Additional or Revised • Amendments to the hygiene sections Foods for Special Dietary Uses Nutrient Reference Values for in meat commodity standards The Codex Committee on Nutrition Labelling Purposes in the Guidelines To be considered for adoption at Step and Foods for Special Dietary Uses on Nutrition Labelling (Vitamin A, D, 8: (CCNFSDU) is responsible for studying E, Magnesium, Phosphorus, • Draft Guidelines for the Control of nutrition issues referred to it by the Chromium, Copper, Chloride & Iron) • Trichinella spp. In Meat of Suidae Codex Alimentarius Commission. The Review of the Standard for Follow-up Formula (Codex Stan 156–1987) To be considered for adoption at Step Committee also drafts general • Proposed draft definition of 5/8: provisions, as appropriate, on biofortification and/or biofortified • Proposed Draft Code of Hygienic nutritional aspects of all foods and develops standards, guidelines, or foods Practice for Low-Moisture Foods • related texts for foods for special dietary Proposed draft NRV–NCD for EPA The Committee will continue working uses in cooperation with other and DHA long chain omega-3 fatty on: committees where necessary; considers, acids • • Proposed Draft Guidelines for the amends if necessary, and endorses Discussion paper on Claim for ‘‘Free’’ Control of Nontyphoidal Salmonella provisions on nutritional aspects for Trans Fatty Acids spp. in Beef and Pork Meat • Discussion paper on a standard for • proposed for inclusion in Codex Proposed Draft Guidelines on the standards, guidelines, and related texts. ready to use foods (RUF) Application of General Principles of The Committee convened for its 36th Responsible Agencies: HHS/FDA; Food Hygiene to the Control of Session in Bali, Indonesia, November USDA/Agricultural Research Service Foodborne Parasites 24–28, 2014. The reference document is (ARS). • Discussion paper on the need to REP 15/NFSDU. The following items U.S. Participation: Yes. revise the Code of Hygienic Practice will be considered by the Commission for Fresh Fruits and Vegetables (CAC/ Codex Committee on Fish and Fishery at its 38th Session in July 2015: Products RCP 53–2003) To be considered for adoption: • Discussion paper on the revision of • The amendments to the annex of the The Fish and Fishery Products the General Principles of Food Guidelines on Nutrition Labelling Committee (CCFFP) is responsible for Hygiene (CAC/RCP 1–1969) and its (CAC/GL2–1985) elaborating standards for fresh, frozen Hazard Analysis and Critical Control • Proposed draft revision of the List of and otherwise processed fish, Points annex crustaceans, and mollusks. The • Food Additives in Codex Stan 72– Proposed annexes to the Code of 1981 Committee will convene its 34th Hygienic Practice for Low-Moisture • Proposal for inclusion of zinc citrates Session in A˚ lesund, Norway, October Foods 19–24, 2015. The Committee will • in the Advisory Lists of Nutrient New Work Proposals/Forward Work Compounds for Use in Foods for continue working on the following Plan Special Dietary Uses Intended for agenda items: Responsible Agencies: HHS/FDA; Infants and Young Children (CAC/ • Draft Code of Practice for Processing USDA/FSIS. GL10–1979) of Fish Sauce
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• Proposed draft Code of Practice on the • Inclusion of provisions for Walnut • Draft Standard for Quick Frozen Processing of Fresh and Quick Frozen Oil, Almond Oil, Hazelnut Oil, Vegetables (general provisions) Raw Scallop Products (section on Pistachio Oil, Flaxseed Oil, and To be considered for adoption at Step sturgeon caviar) Avocado Oil 5/8: • • Proposed food additive provisions in Replacement of Acid Value with Free • Proposed draft Annex on Canned the Standard for Fish and Fishery Fatty Acids for Virgin Palm Oils • Pears (draft Standard for Certain Products Inclusion of Quality Parameters for Canned Fruits) • Discussion paper on Nitrogen Factors Crude Rice Bran Oil • • Proposed draft Annexes for Certain (amendments to section 7.4 of the Discussion paper on the amendment Quick Frozen Vegetables: Leeks, Standard for Quick Frozen Fish Sticks of the Standard for Named Animal Carrots, Corn-on the Cob, Whole (Fish Fingers), Fish Portions and Fish Fats (Codex Stan 211–1999) Inclusion Kernel Corn (draft Standard for Quick Fillets- Breaded or in Batter (Codex of Unrefined Edible Tallow Frozen Vegetables) Stan 166–1989) To be recommended for • Proposed draft Standard for Ginseng • Code of Practice for Fish and Fishery discontinuation: Products Products (optional final product • Inclusion of provisions for High Oleic The Committee will continue working requirements for commodities/ Soybean Oil on: appendix on Map) • Inclusion of provisions for High • Proposed draft Annex on Canned • Discussion paper on histamine Stearic High Oleic Acids of Sunflower Pineapples Other Business and Future Work Seed Oils • Proposed draft Annexes on Quick • Contents of delta-7-stigmastenol Frozen Vegetables (including methods • New work proposal on a Standard for • Discussion paper on the amendment of analysis for quick frozen Fresh Chilled Pirarucu Fillet or Whole of the Code of Practice for the Storage vegetables) Fish and Transport of Edible Fats and Oils • • Status of work on the review/revision Discussion paper on the future of the in Bulk (CAC/RCP 36–1987) of Codex standards for processed Committee • Discussion paper on the amendment fruits and vegetables Responsible Agencies: HHS/FDA; of the Code of Practice for the Storage USDC/NOAA/NMFS. and Transport of Edible Fats and Oils The Committee also agreed to forward U.S. Participation: Yes. in Bulk the following items to the 47th session of CCFA for endorsement: Responsible Agencies: HHS/FDA; Codex Committee on Fats and Oils • USDA/ARS. Food additive provisions for canned The Codex Committee on Fats and U.S. Participation: Yes. chestnut and canned chestnut puree, Oils (CCFO) is responsible for canned bamboo shoots, canned elaborating worldwide standards for fats Codex Committee on Processed Fruits mangoes and pickled fruits and and oils of animal, vegetable, and and Vegetables vegetables for endorsement by CCFA marine origin, including margarine and The Codex Committee on Processed Responsible Agencies: USDA/ olive oil. Fruits and Vegetables (CCPFV) is Agricultural Marketing Service; HHS/ The 24th session of the Committee responsible for elaborating worldwide FDA. convened in Melaka, Malaysia, February standards and related texts for all types U.S. Participation: Yes. 9–13, 2015. The reference document is of processed fruits and vegetables Codex Committee on Milk and Milk REP 15/FO. The following items will be including but not limited to canned, Products considered by the Commission at its dried, and frozen products, as well as 38th Session in July 2015: fruit and vegetable juices and nectars. The Codex Committee on Milk and To be considered for adoption: The Committee convened its 27th Milk Products (CCMMP) establishes • Amendments to Appendix 2 ‘‘List of Session in Philadelphia, Pennsylvania, international codes and standards Acceptable Previous Cargoes’’ of the September 8–12, 2014. The reference concerning milk and milk products. Code of Practice for the Storage and document is REP 15/PFV. The following The Committee has been reactivated Transport of Edible Fats and Oils in items will be considered by the electronically to work on a standard for Bulk (CAC/RCP 36–1987) Commission at its 38th Session in July processed cheese. The Committee held • Reference to Acceptance/Voluntary 2015: a physical Working Group (pWG) in Application in Codex Standards To be considered for adoption: Brussels January 20–22, 2015. To be considered for adoption at Step • Amendments to food additive The following items will be 5: provisions in the standards for canned considered by the Commission at its • Proposed draft Standard for Fish Oils chestnuts and canned chestnut puree, 38th Session in July 2015. canned bamboo shoots, canned To be considered for adoption at Step The Committee will continue working 5: on: mushrooms (certain canned vegetables), and pickled fruits and • Draft General Standard for Processed • Amendments to Appendix 2 ‘‘List of vegetables Cheese Acceptable Previous Cargoes’’ of the • Amendments to food additive and The Committee will continue working Code of Practice for the Storage and packing media provisions in the on: Transport of Edible Fats and Oils in Standard for Pickled Fruits and • Draft Standard for Whey Permeate Bulk (CAC/RCP 36–1987) Vegetables • Addition of Palm Oil with High Oleic Powder Acid (OxG) To be considered for adoption at Step Responsible Agencies: USDA/AMS • Revision of Fatty Acid Composition 8: HHS/FDA. and Other Quality Factors of Peanut • Draft Standard for Certain Canned U.S. Participation: Yes. Oil Fruits (general provisions) • Revision of the Limit for Campesterol • Draft Annex on Canned Mangoes Codex Committee on Sugars • Revision of Limits of Oleic and (draft Standard for Certain Canned The Codex Committee on Sugars Linoleic Acids in Sunflower Seed Oils Fruits (CCS) elaborates worldwide standards
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for all types of sugars and sugar intra-regional trade; draw the attention • Draft Strategic Plan for CCASIA 2015– products. of the Commission to any aspects of the 2020 The Committee has been reactivated Commission’s work of particular • Discussion paper on edible crickets electronically to work on a standard for significance to the region; promote and their products Non-Centrifugated Dehydrated Sugar coordination of all regional food The Committee will continue working Cane Juice. standards work undertaken by on: The following item will be considered international governmental and non- • Proposed draft Standard for Laver by the Commission at its 38th Session governmental organizations within each products in July 2015. region; exercise a general coordinating • Proposed draft Regional Code of To be considered for adoption: role for the region and such other Hygienic Practice for Street-Vended • Draft Standard for Non-Centrifugated functions as may be entrusted to it by Foods Dehydrated Sugar Cane Juice at Step the Commission; and promote the use of • Discussion paper on Makgeolli 8. Codex standards and related texts by • Discussion paper on Natto The Committee will continue working members. • Discussion paper on Dried Longan on: There are six regional coordinating Responsible Agency: USDA/FSIS. committees: • No additional work is ongoing in this U.S. Participation: Yes (as observer). Coordinating Committee for Africa Committee. It will again be adjourned Coordinating Committee for Europe sine die once the work on the Coordinating Committee for Asia Standard for Non-Centrifugated Coordinating Committee for Europe The Committee (CCEurope) convened Dehydrated Sugar Cane Juice has Coordinating Committee for Latin its 29th Session in The Hague, the been adopted America and the Caribbean Netherlands, September 30–October 04, Coordinating Committee for the Near Responsible Agencies: HHS/FDA. 2014. The reference document is REP U.S. Participation: Yes. East 15/EURO. There are no items for Coordinating Committee for North adoption by the Commission at its 38th Certain Codex Commodity Committees America and the South West Pacific Session in July 2015. Several Codex Alimentarius Coordinating Committee for Africa The Committee will continue working Commodity Committees have adjourned on: sine die. The following Committees fall The Committee (CCAfrica) met for its • Regional Strategic Plan for CCEURO. 21st Session in Yaounde´, Cameroon, into this category: To be recommended for January 27–30, 2015. The reference • discontinuation: Cereals, Pulses and Legumes document is REP 15/AFRICA. There are • Responsible Agency: HHS/FDA. no items to be considered for adoption Proposed draft Regional Standard for U.S. Participation: Yes. by the Commission at its 38th Session Ayran. • Cocoa Products and Chocolate in July 2015. Responsible Agency: USDA/FSIS. Responsible Agency: HHS/FDA. The Committee will continue working U.S. Participation: Yes (as observer). U.S. Participation: Yes. on: Coordinating Committee for Latin • Meat Hygiene • Proposed draft Standard for dried America and the Caribbean Responsible Agency: USDA/FSIS. meat • The Coordinating Committee for Latin U.S. Participation: Yes. Proposed draft Regional Standard for fermented cooked cassava based America and the Caribbean (CCLAC) • Natural Mineral Waters ´ products convened its 19th Session in San Jose, Responsible Agency: HHS/FDA. • Proposed draft Regional Standard for Costa Rica, from November 10–14, 2014. U.S. Participation: Yes. Shea Butter The reference document is REP 15/LAC. • Vegetable Proteins • Proposed draft Regional Standard for There are no items for adoption by the Commission at its 38th Session in July Responsible Agency: USDA/ARS. Gnetum Spp. Leaves 2015. U.S. Participation: Yes. Responsible Agency: USDA/FSIS. The Committee will continue working FAO/WHO Regional Coordinating U.S. Participation: Yes (as observer). on: Committees Coordinating Committee for Asia • Proposed draft Regional Standard The FAO/WHO Regional The Committee (CCAsia) met for its for Yacon. Coordinating Committees define the 19th Session in Tokyo, Japan, November Responsible Agency: USDA/FSIS. problems and needs of the regions 3–7, 2014. The reference document is U.S. Participation: Yes (as observer). concerning food standards and food REP 15/ASIA. The following items are Coordinating Committee for the Near control; promote within the Committee to be considered for adoption by the East contacts for the mutual exchange of 38th Session of the Commission in July information on proposed regulatory 2015: The Committee (CCNEA) convened its initiatives and problems arising from To be considered for adoption at Step 8th Session in Rome, Italy, June 1–5, food control and stimulate the 8: 2015. There are no items to be considered for adoption by the strengthening of food control • Draft Regional Standard for Non- Commission at its 38th Session in July infrastructures; recommend to the Fermented Soybean Products Commission the development of 2015. worldwide standards for products of To be considered for adoption: The Committee will continue working interest to the region, including • Amendments to sections ‘‘Food on: products considered by the Committees Additives’’ and ‘‘Methods of Analysis • Regional Standard for Doogh to have an international market and Sampling’’ of the Regional • Proposed draft Regional Standard for potential in the future; develop regional Standard for Tempe Labneh standards for food products moving To be recommended for • Proposed draft Regional Standard for exclusively or almost exclusively in discontinuation: Zaatar
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• Discussion paper on a Standard for Codex Committee on Residues of Food Hygiene (Host Government— Camel Milk Veterinary Drugs in Foods United States) • Draft Strategic Plan for CCNEA 2015– Steven D. Vaughn, DVM, Director, U.S. Delegate 2020 Office of New Animal Drug • Nomination of Coordinator Evaluation, Center for Veterinary Jenny Scott, Senior Advisor, Office of Responsible Agency: USDA/FSIS. Medicine, U.S. Food and Drug Food Safety, Center for Food Safety U.S. Participation: No. Administration, MPN 2, Room 236, and Applied Nutrition, U.S. Food and Drug Administration, 5100 Paint Coordinating Committee for North 7520 Standish Place, Rockville, Branch Parkway, HFS–300, Room 3B– America and the South West Pacific Maryland 20855, Phone: (240) 402– 014, College Park, MD 20740–3835, (CCNASWP) 0571, Fax: (240) 276–8242 [email protected]. Phone: +1 (240) 402–2166, Fax: +1 The Committee (CCNASWP) (301) 436–2632, Jenny.Scott@ convened its 13th Session in Kokopo, U.S. Delegates and Alternate Delegates fda.hhs.gov. Papua New Guinea, September 23–26, General Subject Committees Alternate Delegates 2014. The reference document is REP Commodity Committees (Active and 15/NASWP. There are no items to be Adjourned) Kerry Dearfield, Ph.D., Chief Scientist, considered for adoption by the AdHoc Task Forces Office of Public Health Science, Food Commission at its 38th Session in July Regional Coordinating Committees Safety and Inspection Service, U.S. 2015. Department of Agriculture, Room 9– Worldwide General Codex Subject The Committee will continue working 195, PP 3 (Mail Stop 3766), 1400 Committees on: Independence Avenue SW., • Proposed draft Standard for Contaminants in Foods (Host Washington, DC 20250, Phone: +1 Fermented Noni Juice Government—The Netherlands) (202) 690–6451, Fax: +1 (202) 690– • Implementation Status of the Strategic U.S. Delegate 6337, [email protected]. Plan for CCNAWSWP 2014–2019 Andrew Chi Yuen Yeung, Ph.D., • Discussion paper on kava Nega Beru, Ph.D., Director, Office of • Consumer Safety Officer, Center for Areas of new work of interest to the Food Safety (HFS–300), Center for Food Safety and Applied Nutrition, Region Food Safety and Applied Nutrition, U.S. Food and Drug Administration, Responsible Agency: USDA/FSIS. U.S. Food and Drug Administration, 5100 Paint Branch Parkway, HFS– U.S. Participation: Yes. 5100 Paint Branch Parkway, College 316, College Park, MD 20740, Phone: Park, MD 20740, Phone: +1 (240) 402– Contact +1 (240) 402–1541, Fax: +1 (301) 436– 1700, Fax: +1 (301) 436–2651, 2632, [email protected]. U.S. Codex Office, United States [email protected]. Department of Agriculture, Room Food Import and Export Certification 4861, South Agriculture Building, Alternate Delegate and Inspection Systems (Host 1400 Independence Avenue SW., Kerry Dearfield, Ph.D., Chief Scientist, Government—Australia) Washington, DC 20250–3700, Phone: Office of Public Health Science, Food U.S. Delegate (202) 205–7760, Fax: (202) 720–3157, Safety and Inspection Service, U.S. Email: [email protected]. Department of Agriculture, Room 9– Mary Stanley, Director, Office of 195, PP 3 (Mail Stop 3766), 1400 International Coordination, Food Attachment 2 Independence Avenue SW., Safety and Inspection Service, U.S. U.S. CODEX Alimentarius Officials Washington, DC 20250, Phone: +1 Department of Agriculture, Room (202) 690–6451, Fax: +1 (202) 690– 2925, South Agriculture Building, CODEX Chairpersons From the United 6337, [email protected]. 1400 Independence Avenue SW., States Washington, DC 20250, Phone: +1 Food Additives (Host Government— Codex Committee on Food Hygiene (202) 720–0287, Fax: +1 (202) 720– China) Emilio Esteban, DVM, MBA, MPVM, 4929, [email protected]. U.S. Delegate Ph.D., Executive Associate for Alternate Delegate Laboratory Services, Office of Public Susan E. Carberry, Ph.D., Supervisory Vacant Health Science, Food Safety and Chemist, Division of Petition Review, Inspection Service, U.S. Department Office of Food Additive Safety (HFS– Food Labelling (Host Government— of Agriculture, 950 College Station 265), Center for Food Safety and Canada) Road, Athens, GA 30605, Phone: (706) Applied Nutrition, U.S. Food and U.S. Delegate 546–3429, Fax: (706) 546–3428, Drug Administration, 5100 Paint Email: [email protected]. Branch Parkway, College Park, MD Felicia B. Billingslea, Director, Food 20740, Phone: +1 (240) 402–1269, Labeling and Standards Staff, Office Codex Committee on Processed Fruits Fax: +1 (301) 436–2972, of Nutrition, Labeling, and Dietary and Vegetables [email protected]. Supplements, Center for Food Safety Richard Boyd, Chief, Contract Services and Applied Nutrition, U.S. Food and Branch, Specialty Crops Inspection Alternate Delegate Drug Administration, 5100 Paint Division, Fruit and Vegetable Paul S. Honigfort, Ph.D., Consumer Branch Parkway (HFS–820), College Program, Agricultural Marketing Safety Officer, Division of Food Park, MD 20740, Phone: +1 (240) 402– Service, U.S. Department of Contact Notifications (HFS–275), 2371, Fax: +1 (301) 436–2636, Agriculture, 1400 Independence Office of Food Additive Safety, U.S. [email protected]. Avenue SW., Mail Stop 0247, Room Food and Drug Administration, 5100 0726-South Building, Washington, DC Paint Branch Parkway, College Park, Alternate Delegate 20250, Phone: (202) 690–1201, Fax: MD 20740, Phone: +1 (240) 402–1206, Jeffrey Canavan, Deputy Director, (202) 690–1527, Email: Fax: +1 (301) 436–2965, Labeling and Program Delivery Staff, [email protected]. [email protected]. Food Safety and Inspection Service,
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U.S. Department of Agriculture, 1400 Pesticide Residues (Host Government— Alternate Delegate Independence Avenue SW., Stop China) Robert A. Moreau, Ph.D., Research 5273, Patriots Plaza 3, 8th Floor-161A, U.S. Delegate Leader, Eastern Regional Research Washington, DC 20250, Phone: +1 Center, Agricultural Research Service, (301) 504–0860, Fax: +1 (202) 245– Ms. Barbara Madden, Lead Biologist/ U.S. Department of Agriculture, 600 4792, [email protected]. Minor Use Team Leader, Office of East Mermaid Lane, Wyndmoor, PA General Principles (Host Government— Pesticide Programs, U.S. 19038, Phone: +1 (215) 233–6428, Environmental Protection Agency, France) Fax: +1 (215) 233–6406, Ariel Rios Building, 1200 [email protected]. Pennsylvania Avenue NW., Delegate Note: A member of the Fish and Fishery Products (Host Washington, DC 20460, Phone: +1 Steering Committee heads the Government—Norway) delegation to meetings of the General (703) 305–6463, Fax: +1 (703) 305– Principles Committee. 6920, [email protected]. U.S. Delegate Dr. William Jones, Director, Division of Methods of Analysis and Sampling Alternate Delegate Seafood Safety, Office of Food Safety (Host Government—Hungary) Dr. Pat Basu, Senior Leader, Chemistry, (HFS- 325), U.S. Food and Drug U.S. Delegate Toxicology & Related Sciences, Office Administration, 5100 Paint Branch of Public Health Science, Food Safety Parkway, College Park, MD 20740, Gregory O. Noonan, Ph.D., Director, and Inspection Service, U.S. Phone: +1 (240) 402–2300, Fax: +1 Division of Bioanalytical Chemistry, Department of Agriculture, Patriots (301) 436–2601, William.Jones@ Division of Analytical Chemistry, Plaza III, Room 9–205, 1400 fda.hhs.gov. Center for Food Safety and Applied Independence Ave. SW., Washington, Nutrition, Food and Drug DC 20250–3766, Phone: +1 (202) 690– Alternate Delegate Administration, 5100 Paint Branch 6558, Fax: +1 (202) 690–2364, Vacant [email protected]. Parkway, College Park, MD 20740, Fresh Fruits and Vegetables (Host Phone: +1 (240) 402–2250, Fax: +1 Residues of Veterinary Drugs in Foods Government—Mexico) (301) 436–2332, Gregory.Noonan@ (Host Government—United States) fda.hhs.gov. U.S. Delegate U.S. Delegate Alternate Delegate Dorian LaFond, International Standards Coordinator, Fruit and Vegetables Dr. Kevin Greenlees, Senior Advisor for Program, Specialty Crop Inspection Dr. Timothy Norden, Branch Chief, Science & Policy, Office of New Division, Agricultural Marketing Grain Inspection, Packers and Animal Drug Evaluation, HFV–100, Service, U.S. Department of Stockyards Administration (GIPSA), Center for Veterinary Medicine, U.S. Agriculture, Stop 0247, South Technology & Science Division, U.S. Food and Drug Administration, 7500 Agriculture Building, 1400 Department of Agriculture, 10383 Standish Place, Rockville, MD 20855, Independence Avenue SW., Ambassador Drive, Kansas City, MO, Phone: +1 (240) 402–0638, Fax: +1 Washington, DC 20250–0247, Phone: USA 64153, Phone: +1 (816) 891– (240) 276–9538, kevin.greenlees@ +1 (202) 690–4944, Fax: +1 (202) 690– 0470, Fax: +1 (816) 891–8070, fda.hhs.gov. [email protected]. 1527, [email protected]. Alternate Delegate Alternate Delegate Nutrition and Foods for Special Dietary Uses (Host Government—Germany) Dr. Charles Pixley, DVM, Ph.D., Samir K. Assar, Ph.D., Director, Produce Director, Laboratory Quality Safety Staff, Office of Food Safety, U.S. Delegate Assurance Staff, Office of Public Food and Drug Administration, Health Science, Food Safety and Phone: +1 (240) 402–1636, Paula R. Trumbo, Ph.D., Nutrition Inspection Service, U.S. Department [email protected]. Programs, Office of Nutrition, of Agriculture, 950 College Station Labeling and Dietary Supplements, Road, Athens, GA 30605, Phone: +1 Processed Fruits and Vegetables (Host Center for Food Safety and Applied (706) 546–3559, Fax: +1 (706) 546– Government—United States) Nutrition, U.S. Food and Drug 3452, [email protected]. U.S. Delegate Administration, 5100 Paint Branch Parkway HFS–830, College Park, MD Worldwide Commodity Codex Dorian LaFond, International Standards 20740, Phone: +1 (240) 402–2579, Committees (Active) Coordinator, Fruit and Vegetables Program, Specialty Crop Inspection Fax: +1 (301) 436–1191, Fats and Oils (Host Government— [email protected]. Division, Agricultural Marketing Malaysia) Service, U.S. Department of Alternate Delegate U.S. Delegate Agriculture, Stop 0247, South Agriculture Building, 1400 Pamela R. Pehrsson, Ph.D., Research Dr. Paul South, Acting Director, Independence Avenue SW., Leader, U.S. Department of Division of Plant Products and Washington, DC 20250–0247, Phone: Agriculture, Agricultural Research Beverages, Office of Food Safety +1 (202) 690–4944, Fax: +1 (202) 690– Service, Nutrient Data Laboratory, (HFS–317), Center for Food Safety 1527, [email protected]. Room 105, Building 005, BARC-West, and Applied Nutrition, U.S. Food and 110300 Baltimore Avenue, Beltsville, Drug Administration, 5100 Paint Alternate Delegate MD 20705, Phone: +1 (301) 504–0630, Branch Parkway, College Park, MD, Yinqing Ma, Ph.D., Consumer Safety Fax: +1 (301) 504–0632, USA 20740–3835, Phone: +1 (240) Officer, Office of Food Safety (HFS– [email protected]. 402–1640, Fax: +1 (301) 436–2632, 317), Center for Food Safety and [email protected]. Applied Nutrition, U.S. Food and
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Drug Administration, 5100 Paint (202) 690–0530, Fax: +1 (202) 720– Veterinary Medicine, 8401 Muirkirk Branch Parkway, College Park, MD 2643, [email protected]. Road, Laurel, MD 20708, Phone: +1 20740, Phone: +1 (240) 402–2479, (301) 210–4187, Fax: +1 (301) 210– Alternate Delegate Fax: +1 (301) 436–2632, Yinqing.Ma@ 4685, [email protected]. fda.hhs.gov. John F. Sheehan, Director, Division of Dairy, Egg and Meat Food Safety, Alternate Delegate Spices and Culinary Herbs (Host Office of Food Safety, Center for Food Neena Anandaraman, DVM, MPH, Government—India) Safety and Applied Nutrition, U.S. Veterinary Medical Officer, Applied U.S. Delegate Food and Drug Administration (HFS– Epidemiology Division, Office of 3 15), Harvey W. Wiley Federal Public Health Science, Food Safety Dorian LaFond, International Standards Building, 5100 Paint Branch Parkway, and Inspection Service, U.S. Coordinator, Fruit and Vegetables College Park, MD 20740, Phone: +1 Department of Agriculture, Stop 3777, Program, Specialty Crop Inspection (240) 402–1488, Fax: +1 (301) 436– PP3, 9–241B, 1400 Independence Division, Agricultural Marketing 2632, [email protected]. Avenue SW., Washington, DC 20250, Service, U.S. Department of Phone: +1 (202) 690–6429, Fax: +1 Agriculture, Stop 0247, South Natural Mineral Waters (Adjourned sine (202) 690–6364, Agriculture Building, 1400 die) (Host Government—Switzerland) [email protected]. Independence Avenue SW., U.S. Delegate Washington, DC 20250–0247, Phone: [FR Doc. 2015–14306 Filed 6–10–15; 8:45 am] +1 (202) 690–4944, Fax: +1 (202) 690– Lauren Posnick Robin, Sc.D., Review BILLING CODE 3410–DM–P 1527, [email protected] Chemist, Office of Food Safety, Center for Food Safety and Applied Alternate Delegate Nutrition, U.S. Food and Drug COMMISSION ON CIVIL RIGHTS George C. Ziobro, Ph.D., Dairy and Egg Administration, Harvey W. Wiley Branch, HFS–316, Division of Plant Federal Building, 5100 Paint Branch Agenda and Notice of Public Meeting and Dairy Food Safety, Office of Food Parkway, College Park, MD 20740– of the West Virginia Advisory Safety, Center for Food Safety and 3835, Phone: +1 (240) 402–1639, Fax: Committee Applied Nutrition, 5100 Paint Branch +1 (301) 436–2632, Lauren.Robin@ AGENCY: Commission on Civil Rights. Parkway, College Park, MD 20740, fda.hhs.gov. Phone: +1 (240) 402–1965, ACTION: Announcement of meeting. Sugars (Host Government—United [email protected]. Kingdom) SUMMARY: Notice is hereby given, Worldwide Commodity Codex pursuant to the provisions of the rules U.S. Delegate Committees (Adjourned) Cereals, Pulses and regulations of the U.S. Commission and Legumes (Adjourned sine die) (Host Vacant on Civil Rights (Commission), and the Government—United States) Federal Advisory Committee Act Vegetable Proteins (Adjourned sine die) (FACA), that a planning meeting of the U.S. Delegate U.S. Delegate West Virginia Advisory Committee to Vacant Vacant the Commission will convene at 10:00 a.m. EDT on Friday, June 26, 2015, by Cocoa Products and Chocolate Ad Hoc Intergovernmental Task Forces teleconference. The purpose of the (Adjourned sine die) (Host Animal Feeding (Host Government— meeting is to discuss plans for a future Government—Switzerland) Switzerland) public briefing meeting on the civil U.S. Delegate U.S. Delegate rights concerns under the Americans Michelle Smith, Ph.D., Food with Disabilities Act (ADA) about the Daniel G. McChesney, Ph.D., Director, treatment of persons with mental health Technologist, Office of Plant and Office of Surveillance & Compliance, Dairy Foods and Beverages, Center for disabilities in the West Virginia Center for Veterinary Medicine, U.S. Criminal Justice System and West Food Safety and Applied Nutrition, Food and Drug Administration, 7529 U.S. Food and Drug Administration Virginia Mental Health Court. Standish Place, Rockville, MD 20855, Interested members of the public may (HFS–306), Harvey W. Wiley Federal Phone: +1 (240) 453–6830, Fax: +1 Building, 5100 Paint Branch Parkway, listen to the discussion by calling the (240) 453–6880, Daniel.McChesney@ following toll-free conference call College Park, MD 20740–3835, Phone: fda.hhs.gov. +1 (240) 402–2024, Fax: +1 (301) 436– number 1–888–510–1765 and 2651, [email protected]. Alternate Delegate conference call code: 8558900#. Please be advised that before placing them into Meat Hygiene (Adjourned sine die) Dr. Patty Bennett, Branch Chief, Risk the conference call, the conference call (Host Government—New Zealand) Assessment Division, Office of Public operator will ask callers to provide their Health Science, Food Safety and U.S. Delegate names, their organizational affiliations Inspection Service, U.S. Department (if any), and email addresses (so that Vacant of Agriculture, 901 Aerospace Center, callers may be notified of future Washington, DC 20250, Phone: +1 Milk and Milk Products (Host meetings). Callers can expect to incur (202) 690–6189, patty.bennett@ Government—New Zealand) charges for calls they initiate over fsis.usda.gov. wireless lines, and the Commission will U.S. Delegate Antimicrobial Resistance (Host not refund any incurred charges. Callers Diane D. Lewis, Director, Grading and government—Republic of Korea) will incur no charge for calls they Standards Division, Dairy Programs, initiate over land-line connections to Agricultural Marketing Service, U.S. U.S. Delegate the toll-free telephone number. Department of Agriculture, 1400 David G. White, M.S., Ph.D., Director, Persons with hearing impairments Independence Avenue SW., Office of Research, U.S. Food and may also follow the discussion by first Washington, DC 20250, Phone: +1 Drug Administration, Center for calling the Federal Relay Service at 1–
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800–977–8339 and providing the DEPARTMENT OF COMMERCE SKC, Inc. (collectively ‘‘Petitioners’’), operator with the conference call Green Packing, and Wanhua on January number 1–888–510–1765 and International Trade Administration 14, 2015.3 On January 26, 2015, conference call ID code 8558900#. Petitioners and Wanhua submitted [A–570–924] Members of the public are invited to rebuttal briefs.4 On March 23, 2015, submit written comments; the Polyethylene Terephthalate Film, Green Packing and Wanhua resubmitted comments must be received in the Sheet, and Strip From the People’s case briefs and Petitioners resubmitted 5 regional office by Monday, July 27, Republic of China: Final Results of its rebuttal brief to redact certain 2015. Written comments may be mailed Antidumping Duty Administrative untimely new factual information. to the Eastern Regional Office, U.S. Review and Final Determination of No Scope of the Order Commission on Civil Rights, 1331 Shipments; 2012–2013 The products covered by the order are Pennsylvania Avenue, Suite 1150, all gauges of raw, pre-treated, or primed Washington, DC 20425, faxed to (202) AGENCY: Enforcement and Compliance, PET film, whether extruded or co- 376–7548, or emailed to Evelyn Bohor at International Trade Administration, extruded. PET film is classifiable under [email protected]. Persons who desire Department of Commerce. subheading 3920.62.00.90 of the additional information may contact the SUMMARY: On December 5, 2014, the Harmonized Tariff Schedule of the Eastern Regional Office at (202) 376– Department of Commerce (the United States (‘‘HTSUS’’). Although the 7533. ‘‘Department’’) published its Preliminary Results in the 2012–2013 HTSUS subheadings are provided for Records and documents discussed convenience and customs purposes, our during the meeting will be available for administrative review of the antidumping duty order on written description of the scope of the public viewing as they become available order is dispositive. at http://facadatabase.gov/committee/ polyethylene terephthalate film, sheet, and strip from the People’s Republic of For the full text of the scope of the meetings.aspx?cid=2681 and clicking on order, see Memorandum to Ronald K. China (PRC).1 The period of review the ‘‘Meeting Details’’ and ‘‘Documents’’ Lorentzen, Acting Assistant Secretary (‘‘POR’’) is November 1, 2012, through links. Records generated from this for Enforcement and Compliance from October 31, 2013. This review covers meeting may also be inspected and Christian Marsh, Deputy Assistant four companies: Shaoxing Xiangyu reproduced at the Eastern Regional Secretary for Antidumping and Green Packing Co. Ltd. (‘‘Green Office, as they become available, both Countervailing Duty Operations, ‘‘Issues Packing’’) and Tianjin Wanhua Co., Ltd. before and after the meeting. Persons and Decision Memorandum for the (‘‘Wanhua’’), which were subject to interested in the work of this advisory Final Results of the 2012–2013 individual examination, as well as committee are advised to go to the Administrative Review,’’ (‘‘Issues and Fuwei Films (Shandong) Co., Ltd. Commission’s Web site, www.usccr.gov, Decision Memorandum’’), dated (‘‘Fuwei Films’’) and Sichuan Dongfang or to contact the Eastern Regional Office concurrently with this notice. at the above phone number, email or Insulating Material Co., Ltd., 2 street address. (‘‘Dongfang’’). Based on our analysis of Analysis of Comments Received the comments received, we made All issues raised in the case and Agenda certain changes to our margin rebuttal briefs filed by parties in this calculations for Wanhua. The final Welcome and Introductions review are addressed in the Issues and dumping margins for this review are Tara Martinez, Vice Chair Decision Memorandum, which is hereby listed in the ‘‘Final Results’’ section adopted by this notice. A list of the Discuss Plans for Future Briefing below. Meeting DATES: Effective Date: June 11, 2015. 3 See Letter from Petitioners to the Secretary of WV State Advisory Committee FOR FURTHER INFORMATION CONTACT: Commerce, ‘‘Polyethylene Terephthalate Film, Sheet, and Strip from the People’s Republic of Administrative Matters Thomas Martin or Jonathan Hill, AD/ China: Petitioners’ Case Brief,’’ dated January 14, Ivy L. Davis, DFO CVD Operations, Office IV, Enforcement 2015. Also, on January 14, 2015, the Department and Compliance, International Trade received a letter in lieu of a case brief from DATES: Friday, June 26, 2015 at 10:00 Administration, U.S. Department of Terphane, Inc., in which Terphane, Inc. states that a.m. (EDT). it supports the Department preliminary results and Commerce, 14th Street and Constitution arguments made by Petitioners in Petitioners’ case ADDRESSES: The meeting will be held Avenue NW., Washington, DC 20230; brief. See Wanhua’s and Green Packing’s via teleconference: telephone: (202) 482–3936 or (202) 482– resubmitted case briefs dated March 23, 2015. 4 Conference Call-in Number: 1–888– 3518, respectively. See Letter from Wanhua to the Secretary of Commerce, ‘‘Polyethylene Terephthalate (PET) Film 510–1765; Conference Call ID code: Background from the People’s Republic of China; A–570–924; 8558900#. Rebuttal Brief,’’ dated January 26, 2015 (‘‘Wanhua On December 5, 2014, the Department TDD: Dial Federal Relay Service 1– Rebuttal Brief’’). Also, on January 26, 2015, the published its Preliminary Results in this Department received a letter in lieu of a rebuttal 800–977–8339 and give the operator the review. We received case briefs from brief from Terphane, Inc., in which Terphane, Inc. above states that it supports all arguments made by Mitsubishi Polyester Film, Inc. and Conference Call-in number and Petitioners in Petitioners’ case brief. See Petitioners resubmitted rebuttal brief dated March 23, 2015. Conference Call ID code. 1 See Polyethylene Terephthalate Film, Sheet, and 5 See Letter from Green Packing to the Secretary FOR FURTHER INFORMATION CONTACT: Ivy Strip from the People’s Republic of China: of Commerce ‘‘Polyethylene Terephthalate (PET) Preliminary Results of Antidumping Duty Film from China,’’ dated March 23, 2015; see also L. Davis at [email protected], or 202–376– Administrative Review, Preliminary Determination letter from Wanhua to the Secretary of Commerce, 7533. of No Shipments and Partial Rescission of Review; ‘‘Polyethylene Terephthalate (PET) Film from the 2012–2013, 79 FR 72166 (December 5, 2014) Dated: Friday, June 5, 2015. People’s Republic of China; A–570–924; (Preliminary Results), and accompanying Resubmission of Case Brief,’’ dated March 23, 2015; David Mussatt, Preliminary Decision Memorandum. The see also letter from Petitioners to the Secretary of Chief, Regional Programs Unit. Department notes that Fuwei Films and Dongfang Commerce, ‘‘Polyethylene Terephthalate Film, had no reviewable entries. Sheet, and Strip from the People’s Republic of [FR Doc. 2015–14237 Filed 6–10–15; 8:45 am] 2 The review of Huangshi Yucheng Trade Co., China: Resubmission of Petitioners’ Rebuttal Brief,’’ BILLING CODE 6335–01–P Ltd. was rescinded. See Preliminary Results. dated March 23, 2015.
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issues that parties raised and to which Assessment Rates publication date of this notice in the we responded in the Issues and The Department will determine, and Federal Register, as provided by section Decision Memorandum follows as an U.S. Customs and Border Protection 751(a)(2)(C) of the Act: (1) For the appendix to this notice. The Issues and (‘‘CBP’’) shall assess, antidumping exporters listed above, the cash deposit Decision Memorandum is a public duties on all appropriate entries covered rate will be the rate listed for each document and is on file electronically by this review. The Department intends exporter in the table in the ‘‘Final via Enforcement and Compliance’s to issue assessment instructions to CBP Results’’ section of this notice; (2) for Antidumping and Countervailing Duty 15 days after the publication date of previously investigated or reviewed PRC Centralized Electronic Service System these final results of this review. In and non-PRC exporters that received a (‘‘ACCESS’’). ACCESS is available to accordance with 19 CFR 351.212(b)(1), separate rate in a prior segment of this registered users at http:// we are calculating importer- (or proceeding, the cash deposit rate will access.trade.gov and in the Central customer-) specific assessment rates for continue to be the existing exporter- Records Unit, Room 7046 of the main the merchandise subject to this review. specific rate; (3) for all PRC exporters of Department of Commerce building. In For any individually examined subject merchandise that have not been addition, a complete version of the respondent whose weighted-average found to be entitled to a separate rate, Issues and Decision Memorandum can dumping margin is above de minimis the cash deposit rate will be the rate be accessed directly on the Internet at (i.e., 0.50 percent), the Department will previously established for the PRC-wide http://enforcement.trade.gov/frn/. The calculate importer- (or customer)- entity; and (4) for all non-PRC exporters paper copy and electronic version of the specific assessment rates for of subject merchandise which have not Issues and Decision Memorandum are merchandise subject to this review. received their own rate, the cash deposit identical in content. Where appropriate, we calculated a per- rate will be the rate applicable to the PRC exporter that supplied that non- Changes Since the Preliminary Results unit rate for each importer (or customer) by dividing the total dumping margins PRC exporter. These deposit Based on a review of the record and for reviewed sales to that party by the requirements, when imposed, shall comments received from interested total sales quantity associated with remain in effect until further notice. parties regarding our Preliminary those transactions. For duty-assessment Disclosure Results, we revised the margin rates calculated on this basis, we will We intend to disclose the calculations calculations for Wanhua. Specifically, direct CBP to assess the resulting per- we corrected two errors in our performed for these final results of unit rate against the entered quantity of review within five days of the date of calculations by deducting marine the subject merchandise.10 We will 6 publication of this notice in the Federal insurance expenses and value added instruct CBP to assess antidumping taxes 7 from Wanhua’s U.S. sales prices, Register in accordance with 19 CFR duties on all appropriate entries covered 351.224(b). both of which we inadvertently failed to by this review when the importer- deduct in the Preliminary Results. specific assessment rate is above de Notification to Importers Regarding the Final Determination of No Shipments minimis. Where either the respondent’s Reimbursement of Duties weighted-average dumping margin is For these final results, the Department This notice also serves as a final zero or de minimis, or an importer- continues 8 to find that Fuwei Films and reminder to importers of their specific assessment rate is zero or de Dongfang did not have any reviewable responsibility under 19 CFR 351.402(f) minimis, we will instruct CBP to entries during the POR.9 to file a certificate regarding the liquidate the appropriate entries reimbursement of antidumping duties Final Results without regard to antidumping duties. prior to liquidation of the relevant For entries that were not reported in We determine that the following entries during this POR. Failure to the U.S. sales database submitted by an weighted-average dumping margins comply with this requirement could exporter individually examined during exist for the POR: result in the Secretary’s presumption this review, the Department will that reimbursement of antidumping Weighted- instruct CBP to liquidate such entries at duties has occurred and the subsequent average the PRC-wide rate (i.e., 76.72 percent).11 assessment of double antidumping Exporter dumping Additionally, if the Department duties. margin determines that an exporter under (percentage) review had no shipments of the subject Administrative Protective Order (‘‘APO’’) Shaoxing Xiangyu Green merchandise, any suspended entries Packing Co. Ltd ...... 35.10 that entered under that exporter’s case This notice also serves as a reminder Tianjin Wanhua Co., Ltd ...... 72.15 number will be liquidated at the PRC- to parties subject to APO of their wide rate. responsibility concerning the return or destruction of proprietary information 6 Cash Deposit Requirements See Issues and Decision Memorandum at disclosed under APO in accordance Comment 6. The following cash deposit 7 See Memorandum from Jonathan Hill, with 19 CFR 351.305, which continues International Trade Compliance Analyst to Howard requirements will be effective upon to govern business proprietary Smith, Program Manager, AD/CVD Operation, publication of the final results of this information in this segment of the Office IV ‘‘Analysis for the Final Results of the administrative review for shipments of proceeding. Timely written notification 2012–2013 Administrative Review of the the subject merchandise from the PRC Antidumping Duty Order on Polyethylene of the return or destruction of APO Terephthalate Film, Sheet and Strip from the entered, or withdrawn from warehouse, materials, or conversion to judicial People’s Republic of China: Tianjin Wanhua Co., for consumption on or after the protective order, is hereby requested. Ltd.,’’ dated concurrently with this notice. Failure to comply with the regulations 8 See Preliminary Results and accompanying 10 See Antidumping Proceedings: Calculation of and terms of an APO is a violation Preliminary Decision Memorandum at ‘‘Preliminary the Weighted-Average Dumping Margin and Determination of No Shipments.’’ Assessment Rate in Certain Antidumping which is subject to sanction. 9 See Issues and Decision Memorandum at Proceedings: Final Modification, 77 FR 8101, 8103 We are issuing these results of Comment 1. (February 14, 2012). administrative review and publishing
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notice in accordance with sections directed to Laurie Mease, Office of practice in considering textile safeguard 751(a)(1) and 777(i) of the Act. Textiles and Apparel, U.S. Department actions, CITA will consider an Dated: June 3, 2015. of Commerce, Telephone: 202–482– interested party to be an entity (which Ronald K. Lorentzen, 2043, Email: [email protected]. may be a trade association, firm, certified or recognized union, or group Acting Assistant Secretary for Enforcement SUPPLEMENTARY INFORMATION: and Compliance. of workers) that is representative of I. Abstract either: (A) A domestic producer or Appendix—Issues and Decision Title III, Subtitle B, Section 321 producers of an article that is like or Memorandum through Section 328 of the United directly competitive with the subject Summary States-Colombia Trade Promotion Colombian textile or apparel article; or Scope of the Order Agreement Implementation Act (the (B) a domestic producer or producers of Discussion of the Issues ‘‘Act’’) [Pub. L. 112–42] implements the a component used in the production of I. General Issues textile and apparel safeguard provisions, an article that is like or directly Comment 1: Respondent Selection provided for in Article 3.1 of the United competitive with the subject Colombian Comment 2: Surrogate Country Selection States-Colombia Trade Promotion textile or apparel article. A. Whether South Africa is a Significant Agreement (the ‘‘Agreement’’). This In order for a request to be Producer of Comparable Merchandise safeguard mechanism applies when, as considered, the requester must provide B. Quality of the Indonesian and South a result of the elimination of a customs the following information in support of African Surrogate Value Data C. Surrogate Financial Statements duty under the Agreement, a Colombian a claim that a textile or apparel article Comment 3: SV for Paper Core textile or apparel article is being from Colombia is being imported into II. Company-Specific Issues imported into the United States in such the United States in such increased Comment 4: Treatment of Green Packing’s increased quantities, in absolute terms quantities, in absolute terms or relative Reintroduced PET By-Product or relative to the domestic market for to the domestic market for that article, Comment 5: Value-Added Tax (‘‘VAT’’) that article, and under such conditions and under such conditions as to cause Adjustment to Wanhua’s U.S. Sales Price as to cause serious damage or actual serious damage or actual threat thereof, Comment 6: Deduction of Marine threat thereof to a U.S. industry to a U.S. industry producing an article Insurance from Wanhua’s U.S. Sales producing a like or directly competitive that is like, or directly competitive with, Prices the imported article: (1) Name and Recommendation article. In these circumstances, Article [FR Doc. 2015–14349 Filed 6–10–15; 8:45 am] 3.1 permits the United States to increase description of the imported article duties on the imported article from concerned; (2) import data BILLING CODE 3510–DS–P Colombia to a level that does not exceed demonstrating that imports of a the lesser of the prevailing U.S. normal Colombian origin textile or apparel DEPARTMENT OF COMMERCE trade relations (NTR)/most-favored- article that are like or directly nation (MFN) duty rate for the article or competitive with the articles produced International Trade Administration the U.S. NTR/MFN duty rate in effect on by the domestic industry concerned are the day before the Agreement entered increasing in absolute terms or relative Proposed Information Collection; into force. to the domestic market for that article; Comment Request; Procedures for The Statement of Administrative (3) U.S. domestic production of the like Considering Requests and Comments Action accompanying the Act provides or directly competitive articles of U.S. From the Public for Textile and Apparel that the Committee for the origin indicating the nature and extent Safeguard Actions on Imports From Implementation of Textile Agreements of the serious damage or actual threat Colombia (CITA) will issue procedures for thereof, along with an affirmation that to requesting such safeguard measures, for the best of the requester’s knowledge, AGENCY: International Trade making its determinations under the data represent substantially all of Administration (ITA), Commerce. Section 322(a) of the Act, and for the domestic production of the like or ACTION: Notice. providing relief under section 322(b) of directly competitive article(s) of U.S. SUMMARY: The Department of the Act. origin; (4) imports from Colombia as a In Proclamation No. 8818 (77 FR Commerce, as part of its continuing percentage of the domestic market of the 29519, May 18, 2012), the President effort to reduce paperwork and like or directly competitive article; and delegated to CITA his authority under respondent burden, invites the general (5) all data available to the requester Subtitle B of Title III of the Act with public and other Federal agencies to showing changes in productivity, respect to textile and apparel safeguard take this opportunity to comment on utilization of capacity, inventories, measures. exports, wages, employment, domestic proposed and/or continuing information CITA must collect information in collections, as required by the prices, profits, and investment, and any order to determine whether a domestic other information, relating to the Paperwork Reduction Act of 1995. textile or apparel industry is being existence of serious damage or actual DATES: Written comments must be adversely impacted by imports of these threat thereof caused by imports from submitted on or before August 10, 2015. products from Colombia, thereby Colombia to the industry producing the ADDRESSES: Direct all written comments allowing CITA to take corrective action like or directly competitive article that to Jennifer Jessup, Departmental to protect the viability of the domestic is the subject of the request. To the Paperwork Clearance Officer, textile industry, subject to section extent that such information is not Department of Commerce, Room 6616, 322(b) of the Act. available, the requester should provide 14th and Constitution Avenue NW., Pursuant to Section 321(a) of the Act best estimates and the basis therefore. Washington, DC 20230 (or via the and Section (9) of Presidential If CITA determines that the request Internet at [email protected]). Proclamation 8818, an interested party provides the information necessary for it FOR FURTHER INFORMATION CONTACT: in the U.S. domestic textile and apparel to be considered, CITA will publish a Requests for additional information or industry may file a request for a textile notice in the Federal Register seeking copies of the information collection and apparel safeguard action with CITA. public comments regarding the request. instrument and instructions should be Consistent with longstanding CITA The comment period shall be 30
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calendar days. The notice will include IV. Request for Comments copies of the information collection a summary of the request. Any Comments are invited on: (a) Whether instrument and instructions should be interested party may submit information the proposed collection of information directed to Laurie Mease, Office of to rebut, clarify, or correct public is necessary for the proper performance Textiles and Apparel, Telephone: 202– comments submitted by any interested of the functions of the agency, including 482–2043, Email: Laurie.Mease@ party. whether the information shall have trade.gov. CITA will make a determination on practical utility; (b) the accuracy of the SUPPLEMENTARY INFORMATION: any request it considers within 60 agency’s estimate of the burden I. Abstract calendar days of the close of the (including hours and cost) of the comment period. If CITA is unable to proposed collection of information; (c) Title II, Section 203(o) of the United make a determination within 60 ways to enhance the quality, utility, and States-Colombia Trade Promotion calendar days, it will publish a notice in clarity of the information to be Agreement Implementation Act (the the Federal Register, including the date collected; and (d) ways to minimize the ‘‘Act’’) [Public Law 112–42] implements it will make a determination. burden of the collection of information the commercial availability provision If a determination under Section on respondents, including through the provided for in Article 3.3 of the United 322(b) of the Act is affirmative, CITA use of automated collection techniques States-Colombia Trade Promotion may provide tariff relief to a U.S. or other forms of information Agreement (the ‘‘Agreement’’). The industry to the extent necessary to technology. Agreement entered into force on May remedy or prevent serious damage or Comments submitted in response to 15, 2012. Subject to the rules of origin actual threat thereof and to facilitate this notice will be summarized and/or in Annex 4.1 of the Agreement, adjustment by the domestic industry to included in the request for OMB pursuant to the textile provisions of the import competition. The import tariff approval of this information collection; Agreement, fabric, yarn, and fiber relief is effective beginning on the date they also will become a matter of public produced in Colombia or the United that CITA’s affirmative determination is record. States and traded between the two published in the Federal Register. Dated: June 5, 2015. countries are entitled to duty-free tariff Entities submitting requests, treatment. Annex 3–B of the Agreement Glenna Mickelson, responses or rebuttals to CITA may also lists specific fabrics, yarns, and submit both a public and confidential Management Analyst, Office of the Chief fibers that the two countries agreed are Information Officer. version of their submissions. If the not available in commercial quantities request is accepted, the public version [FR Doc. 2015–14217 Filed 6–10–15; 8:45 am] in a timely manner from producers in will be posted on the dedicated BILLING CODE 3510–DS–P Colombia or the United States. The Colombia Trade Promotion Agreement fabrics listed are commercially textile safeguards section of the Office of unavailable fabrics, yarns, and fibers, DEPARTMENT OF COMMERCE Textiles and Apparel (OTEXA) Web site. which are also entitled to duty-free The confidential version of the requests, International Trade Administration treatment despite not being produced in responses or rebuttals will not be shared Colombia or the United States. with the public as it may contain Proposed Information Collection; The list of commercially unavailable business confidential information. Comment Request; Interim Procedures fabrics, yarns, and fibers may be Entities submitting responses or for Considering Requests Under the changed pursuant to the commercial rebuttals may use the public version of Commercial Availability Provision of availability provision in Chapter 3, the request as a basis for responses. the United States—Colombia Trade Article 3.3, Paragraphs 5–7 of the II. Method of Collection Promotion Agreement (U.S.-Colombia Agreement. Under this provision, TPA) interested entities from Colombia or the When an interested party files a United States have the right to request request for a textile and apparel AGENCY: International Trade that a specific fabric, yarn, or fiber be safeguard action with CITA, ten copies Administration, Commerce. added to, or removed from, the list of of any such request must be provided in ACTION: Notice. commercially unavailable fabrics, yarns, a paper format. If business confidential and fibers in Annex 3–B of the SUMMARY: The Department of information is provided, two copies of Agreement. Commerce, as part of its continuing a non-confidential version must also be Chapter 3, Article 3.3, paragraph 7 of effort to reduce paperwork and provided. the Agreement requires that the respondent burden, invites the general President ‘‘promptly’’ publish III. Data public and other Federal agencies to procedures for parties to exercise the take this opportunity to comment on OMB Control Number: 0625–0271. right to make these requests. Section proposed and/or continuing information Form Number(s): None. 203(o)(4) of the Act authorizes the collections, as required by the Type of Review: Regular submission. President to establish procedures to Paperwork Reduction Act of 1995. Affected Public: Individuals or modify the list of fabrics, yarns, or fibers households; business or other for-profit DATES: Written comments must be not available in commercial quantities organizations. submitted on or before August 10, 2015. in a timely manner in either the United Estimated Number of Respondents: 6 ADDRESSES: Direct all written comments States or Colombia as set out in Annex (1 for Request; 5 for Comments). to Jennifer Jessup, Departmental 3–B of the Agreement. The President Estimated Time per Response: 4 hours Paperwork Clearance Officer, delegated the responsibility for for a Request; and 4 hours for each Department of Commerce, Room 6616, publishing the procedures and Comment. 14th and Constitution Avenue NW., administering commercial availability Estimated Total Annual Burden Washington, DC 20230 (or via the requests to the Committee for the Hours: 24. Internet at [email protected]). Implementation of Textile Agreements Estimated Total Annual Cost to FOR FURTHER INFORMATION CONTACT: (‘‘CITA’’), which issues procedures and Public: $960. Requests for additional information or acts on requests through the U.S.
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Department of Commerce, Office of IV. Request for Comments telephone: 301–427–8371, Textiles and Apparel (‘‘OTEXA’’) (See Comments are invited on: (a) Whether [email protected]. Proclamation No. 8818, 77 FR 29519, the proposed collection of information SUPPLEMENTARY INFORMATION: On March May 18, 2012). is necessary for the proper performance 28, 1996, the U.S. Secretary of The intent of the U.S.-Colombia TPA of the functions of the agency, including Commerce identified Italy pursuant to Commercial Availability Procedures is whether the information shall have the U.S. High Seas Driftnet Fisheries to foster the use of U.S. and regional practical utility; (b) the accuracy of the Enforcement Act, 16 U.S.C. 1826a– products by implementing procedures agency’s estimate of the burden 1826c, as a nation for which there was that allow products to be placed on or (including hours and cost) of the reason to believe its nationals or vessels removed from a product list, on a timely proposed collection of information; (c) were conducting large-scale high seas basis, and in a manner that is consistent ways to enhance the quality, utility, and driftnet fishing in contravention to with normal business practice. The clarity of the information to be United Nations General Assembly procedures are intended to facilitate the collected; and (d) ways to minimize the Resolution 46/215. The identification transmission of requests; allow the burden of the collection of information invoked, among other things, the market to indicate the availability of the on respondents, including through the provision of the DPCIA, 16 U.S.C. supply of products that are the subject use of automated collection techniques 1371(a)(2)(F) that requires that an of requests; make available promptly, to or other forms of information exporting nation whose fishing vessels interested entities and the public, technology. engage in high seas driftnet fishing information regarding the requests for Comments submitted in response to provide documentary evidence that products and offers received for those this notice will be summarized and/or certain fish and fish products (specified products; ensure wide participation by included in the request for OMB in regulations at 50 CFR 216.24(f)(2)) it interested entities and parties; allow for approval of this information collection; wishes to export to the United States careful review and consideration of they also will become a matter of public were not harvested with large-scale information provided to substantiate record. driftnets anywhere on the high seas. requests, responses and rebuttals; and Dated: June 5, 2015. Effective May 29, 1996, all shipments provide timely public dissemination of from Italy containing the specified fish Glenna Mickelson, information used by CITA in making and fish products became subject to this commercial availability determinations. Management Analyst, Office of the Chief driftnet reporting requirement. Information Officer. CITA must collect certain information The reporting requirement has about fabric, yarn, or fiber technical [FR Doc. 2015–14218 Filed 6–10–15; 8:45 am] persisted to the present day as a specifications and the production BILLING CODE 3510–DS–P deterrent to large-scale high seas driftnet capabilities of Colombian and U.S. fishing by Italy. The United States has textile producers to determine whether not received any reports of Italian DEPARTMENT OF COMMERCE certain fabrics, yarns, or fibers are fishing vessels employing large-scale available in commercial quantities in a National Oceanic and Atmospheric driftnets on the high seas since 2008. On timely manner in the United States or Administration April 2, 2015, the Government of Italy Colombia, subject to Section 203(o) of sent notification which certified that no the Act. RIN 0648–XD944 Italian vessel is involved in the use of large-scale driftnets on the high seas. II. Method of Collection Determination That Italy Is Not a Large- Italy will no longer be required to Participants in a commercial Scale High Seas Driftnet Nation provide documentary evidence that availability proceeding must submit certain fish and fish products (specified AGENCY: public versions of their Requests, National Marine Fisheries in U.S. regulations at 50 CFR Responses or Rebuttals electronically Service (NMFS), National Oceanic and 216.24(f)(2)(i) and (ii)) it wishes to (via email) for posting on OTEXA’s Web Atmospheric Administration (NOAA), export to the United States were not site. Confidential versions of those Commerce. harvested with large-scale driftnets on submissions which contain business ACTION: Notice. the high seas. Furthermore, fish and fish confidential information must be products exported from Italy, and SUMMARY: Under the High Seas Driftnet delivered in hard copy to the Office of imported into the United States under Fisheries Enforcement Act and the Textiles and Apparel (OTEXA) at the Harmonized Tariff Schedule (HTS) Dolphin Protection Consumer U.S. Department of Commerce. numbers specified in U.S. regulations at Information Act (DPCIA), the Secretary 50 CFR 216.24(f)(2)(iii), will no longer III. Data of Commerce has determined that Italy need to be accompanied by a Fisheries no longer has vessels that use large-scale OMB Control Number: 0625–0272. Certificate of Origin (NOAA Form 370). driftnets to fish on the high seas. The HSDFEA furthers the purposes of Form Number(s): None. Therefore, shipments of certain fish and Type of Review: Regular submission. United Nations General Assembly fish products from Italy are no longer Resolution 46/215, which called for a Affected Public: Business or for-profit required to be accompanied by a worldwide ban on large-scale high seas organizations. Fisheries Certificate of Origin (NOAA driftnet fishing beginning December 31, Estimated Number of Respondents: Form 370) for importation into the 1992. 16. United States, and any NOAA Form 370 The DPCIA (16 U.S.C. 1371(a)(2)(F)) Estimated Time per Response: 8 hours used for fish or fish products from Italy requires that an exporting nation whose per Request, 2 hours per Response, and no longer requires certification that the fishing vessels engage in high seas 1 hour per Rebuttal. fish was not harvested with large-scale driftnet fishing provide documentary Estimated Total Annual Burden driftnets on the high seas. evidence that certain fish or fish Hours: 89. DATES: Effective June 4, 2015. products it wishes to export to the Estimated Total Annual Cost to FOR FURTHER INFORMATION CONTACT: Paul United States were not harvested with a Public: $5,340. Niemeier, Foreign Affairs Specialist; large-scale driftnet on the high seas. As
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required by 50 CFR 216.24(f)(2), the required to determine eligibility the purposes of selecting candidates for NOAA Form 370 must accompany all pursuant to 50 CFR part 253 and to its research internship program in imported shipments of an item with an determine the type and amount of partnership with the University of HTS number listed in that section assistance requested by the applicant. Hawaii. The application package would harvested by or imported from a large- An annual financial statement is contain: (1) A form requesting scale driftnet nation. required from the recipients to monitor information on academic background As of the effective date of this notice, the financial status of the loan. and professional experiences, (2) a certification by an Italian Government Affected Public: Business or other for- reference forms in support of the representative attesting that the fish or profit organizations; individuals or internship application by two fish products were not harvested by a households. educational or professional references, large-scale driftnet on the high seas will Frequency: Annually and on occasion. and (3) a support letter from one no longer be required in Section 7 of the Respondent’s Obligation: Required to academic professor or advisor. NOAA Form 370 for the HTS numbers obtain or retain a benefit. Affected Public: Individuals or specified in 50 CFR 216.24(f)(2)(i) and This information collection request households; not-for-profit institutions. (ii). Furthermore, a NOAA Form 370 may be viewed at reginfo.gov. Follow Frequency: Annually. will no longer be required for any the instructions to view Department of Respondent’s Obligation: Required to importation from Italy for the non-tuna Commerce collections currently under obtain or retain benefits. fish and fish products classified with review by OMB. This information collection request the HTS numbers specified at 50 CFR Written comments and may be viewed at reginfo.gov. Follow 216.24(f)(2)(iii). recommendations for the proposed the instructions to view Department of information collection should be sent Commerce collections currently under Dated: June 4, 2015. within 30 days of publication of this review by OMB. Eileen Sobeck, notice to OIRA_Submission@ Written comments and Assistant Administrator for Fisheries, omb.eop.gov or fax to (202) 395–5806. recommendations for the proposed National Marine Fisheries Service. information collection should be sent Dated: June 5, 2015. [FR Doc. 2015–14326 Filed 6–10–15; 8:45 am] within 30 days of publication of this BILLING CODE 3510–22–P Sarah Brabson, notice to OIRA_Submission@ NOAA PRA Clearance Officer. omb.eop.gov or fax to (202) 395–5806. [FR Doc. 2015–14238 Filed 6–10–15; 8:45 am] Dated: June 5, 2015. DEPARTMENT OF COMMERCE BILLING CODE 3510–22–P Sarah Brabson, National Oceanic and Atmospheric NOAA PRA Clearance Officer. Administration DEPARTMENT OF COMMERCE [FR Doc. 2015–14239 Filed 6–10–15; 8:45 am] BILLING CODE 3510–NK–P Submission for OMB Review; National Oceanic and Atmospheric Comment Request Administration DEPARTMENT OF COMMERCE The Department of Commerce will Submission for OMB Review; submit to the Office of Management and Comment Request International Trade Administration Budget (OMB) for clearance the following proposal for collection of The Department of Commerce will [A–570–891] information under the provisions of the submit to the Office of Management and Hand Trucks and Certain Parts Thereof Paperwork Reduction Act (44 U.S.C. Budget (OMB) for clearance the From the People’s Republic of China: Chapter 35). following proposal for collection of Final Results of Antidumping Duty Agency: National Oceanic and information under the provisions of the Administrative Review and Rescission Atmospheric Administration (NOAA). Paperwork Reduction Act (44 U.S.C. of Review in Part; 2012–2013 Title: Fisheries Finance Program Chapter 35). Requirements. Agency: National Oceanic and AGENCY: Enforcement and Compliance, OMB Control Number: 0648–0012. Atmospheric Administration (NOAA). International Trade Administration, Form Number(s): NOAA 88–1. Title: National Oceanic and Department of Commerce. Type of Request: Regular (extension of Atmospheric Administration’s SUMMARY: On September 8, 2014, the a currently approved information Papahanaumokuakea Marine National Department of Commerce (the collection). Monument and University of Hawaii Department) published in the Federal Number of Respondents: 451. Research Internship Program Register the preliminary results of the Average Hours per Response: OMB Control Number: 0648–xxxx. administrative review of the Applications, 10 hours; annual financial Form Number(s): None. antidumping duty order 1 on hand statements from current borrowers, 2 Type of Request: Regular (request for trucks and certain parts thereof (hand hours. a new information collection). trucks) from the People’s Republic of Burden Hours: 1,502. Number of Respondents: 20. China (PRC).2 The period of review Needs and Uses: This request is for Average Hours per Response: 1 hour (POR) is December 1, 2012, through extension of a currently approved each for applications, references and November 30, 2013. This administrative information collection. support letters. review covers three exporters of the The National Oceanic and Burden Hours: 80. Atmospheric Administration (NOAA) Needs and Uses: This request is for a 1 See Notice of Antidumping Duty Order: Hand operates a direct loan program to assist new collection of information. The Trucks and Certain Parts Thereof From the People’s in financing certain actions relating to National Oceanic and Atmospheric Republic of China, 69 FR 70122 (December 2, 2004). commercial fishing vessels, shoreside Administration’s (NOAA’s) 2 See Hand Trucks and Certain Parts Thereof ¯ ¯ From the People’s Republic of China: Preliminary fishery facilities, aquaculture Papahanaumokuakea Marine National Results of Antidumping Duty Administrative operations, and individual fishing Monument (PMNM) would like to Review; 2012–2013, 79 FR 53167 (September 8, quotas. Application information is collect student data and information for 2014) (Preliminary Results).
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subject merchandise: New-Tec dated concurrently with and hereby administrative review. Subsequent to Integration (Xiamen) Co., Ltd. (New- adopted by this notice.3 the Preliminary Results, the Department Tec); Yangjiang Shunhe Industrial Co. did not receive any comments or Analysis of Comments Received (Shunhe); and Full Merit Enterprise information which indicated that Full Limited (Full Merit). All issues raised by parties in this Merit or the PRC-wide entity should be Based upon our analysis of the administrative review are listed in the reviewed. Therefore, pursuant to 19 CFR comments and information received Appendix to this notice and addressed 351.213(d)(1), we are rescinding the following the Preliminary Results, we in the Issues and Decision administrative review with respect to made changes to the margin calculations Memorandum. Parties can find a this company. for these final results. The final complete discussion of all issues raised Changes Since the Preliminary Results dumping margin is listed below in the in this review and the corresponding ‘‘Final Results of the Review’’ section of recommendations in this public Based on a review of the record and this notice. We continue to find that memorandum, which is electronically comments received from an interested Shunhe is part of the PRC-wide entity available via Enforcement and party regarding our Preliminary Results, (see ‘‘No Shipments Claim,’’ infra). In Compliance’s Antidumping and we made certain revisions to the margin addition, we are rescinding this review Countervailing Duty Centralized calculations for New-Tec. Specifically, with respect to Full Merit at this time Electronic Service System (ACCESS).4 the Department adjusted financial ratio (see ‘‘Rescission of Review, in Part,’’ ACCESS is available to registered users calculations for surrogate values and infra). at http://access.trade.gov, and is adjusted the surrogate values for available to all parties in the Central energy.6 FOR FURTHER INFORMATION CONTACT: Records Unit, Room 7046, of the main Separate Rates Determination Scott Hoefke, or Robert James, AD/CVD Department of Commerce building. In Operations, Office VI, Enforcement and addition, a complete version of the In our Preliminary Results, we Compliance, International Trade Issues and Decision Memorandum can determined that New-Tec met the Administration, U.S. Department of be accessed directly on the Internet at criteria for separate rate status. We have Commerce, 14th Street and Constitution http://enforcement.trade.gov/frn/. The not received any information since the Avenue NW., Washington, DC 20230; signed and electronic versions of the issuance of the Preliminary Results that telephone: (202) 482–4947 or (202) 482– Issues and Decision Memorandum are provides a basis for reconsidering this 0649, respectively. identical in content. preliminary finding. Therefore, the DATES: Effective Date: June 11, 2015. Department continues to find that New- No Shipments Claim SUPPLEMENTARY INFORMATION: Tec meets the criteria for a separate rate. Shunhe submitted certifications of no Final Results of the Review Background shipments. Because Shunhe was, at the On September 8, 2014, the outset of this administrative review, and The Department determines that the Department published in the Federal continues to be part of the PRC-wide following final dumping margin exists Register the Preliminary Results of the entity in this administrative review, the for the period December 1, 2012, 2012–2013 administrative review of the Department did not make a through November 30, 2013: antidumping duty order on hand trucks determination of no shipments.5 Subsequent to the Preliminary Results, Weighted- from the PRC. In accordance with 19 average CFR 351.309(c)(1)(ii), we invited parties the Department did not receive any Exporter margin to comment on our Preliminary Results. information that indicated anything to (percent) On October 8, 2014, Cosco Home and the contrary. The Department therefore Office Products (Cosco), a U.S. importer, finds for these final results that Shunhe New-Tec Integration submitted a case brief. No other continues to remain part of the PRC- (Xiamen) Co., Ltd ...... 0.00 comments were submitted to the wide entity. Disclosure Department. Rescission of Review, in Part The Department will disclose to Scope of the Order In the Preliminary Results, the parties in this proceeding the The merchandise subject to the order Department noted that it would rescind calculations performed within five days consists of hand trucks manufactured the review with respect to Full Merit in after the date of publication of this from any material, whether assembled the final results if the PRC-wide entity notice in accordance with 19 CFR or unassembled, complete or did not come under review in this 351.224(b). incomplete, suitable for any use, and certain parts thereof, namely the vertical 3 See Memorandum to Ronald K. Lorentzen, Assessment Rate ‘‘Hand Trucks and Certain Parts Thereof from the frame, the handling area and the People’s Republic of China: Issues and Decision Pursuant to section 751(a)(2)(C) of the projecting edges or toe plate, and any Memorandum for the Final Results of Antidumping Tariff Act of 1930, as amended (the Act), combination thereof. They are typically Duty Administrative Review; 2012–2013’’ (Issues and 19 CFR 351.212(b), the Department imported under heading 8716.80.50.10 and Decision Memorandum), dated concurrently determines, and U.S. Customs and with and adopted by this notice, for a complete of the Harmonized Tariff Schedule of description of the Scope of the Order. Border Protection (CBP) shall assess, the United States (HTSUS), although 4 On November 2, 2014, Enforcement and antidumping duties on all appropriate they may also be imported under Compliance changed the name of Enforcement and entries of subject merchandise and heading 8716.80.50.90 and Compliance’s AD and CVD Centralized Electronic deposits of estimated duties, where Service System (IA ACCESS) to AD and CVD applicable, in accordance with the final 8716.90.50.60. Although the HTSUS Centralized Electronic Service System (ACCESS). subheadings are provided for The Web site location was changed from http:// results of this review. The Department convenience and customs purposes, the iaaccess.trade.gov to http://access.trade.gov. The written product description remains Final Rule changing the references to the 6 See Issues and Decisions Memorandum; see also regulations can be found at 79 FR 69046 (November Memorandum to the File, ‘‘Analysis for the Final dispositive. A full description of the 20, 2014). Results of Hand Trucks and Certain Parts Thereof scope of the order is contained in the 5 See Preliminary Results and accompanying from the People’s Republic of China: New-Tec’’ Final Issues and Decision Memorandum Preliminary Decision Memorandum at 3. (January 6, 2015).
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intends to issue appropriate assessment Notification to Importers CONSUMER PRODUCT SAFETY instructions to CBP 15 days after the COMMISSION date of publication of the final results of This notice serves as a final reminder [Docket No. CPSC–2011–0019] this review. Because we have calculated to importers of their responsibility under 19 CFR 351.402(f) to file a a zero margin for New-Tec in the final Agency Information Collection certificate regarding the reimbursement results of this review, we will instruct Activities; Submission for OMB CBP to liquidate the appropriate entries of antidumping duties prior to Review; Comment Request—Safety without regard to antidumping duties. liquidation of the relevant entries Standard for Portable Bed Rails during the POR. Failure to comply with On October 24, 2011, the Department this requirement could result in the AGENCY: Consumer Product Safety announced a refinement to its Department’s presumption that Commission. assessment practice in NME cases.7 reimbursement of antidumping duties ACTION: Notice. Pursuant to this refinement in practice, occurred and the subsequent assessment for entries that were not reported in the SUMMARY: In accordance with the of double antidumping duties. U.S. sales databases submitted by requirements of the Paperwork companies individually examined Administrative Protective Order Reduction Act (‘‘PRA’’) of 1995 (44 during this review, the Department will U.S.C. chapter 35), the Consumer instruct CBP to liquidate such entries at This notice also serves as a reminder Product Safety Commission the NME-wide rate. In addition, if the to parties subject to administrative (‘‘Commission’’ or ‘‘CPSC’’) announces Department determines that an exporter protective order (APO) of their that the Commission has submitted to under review had no shipments of the responsibility concerning the return or the Office of Management and Budget subject merchandise, any suspended destruction of proprietary information (‘‘OMB’’) a request for extension of entries that entered under that disclosed under APO in accordance approval of a collection of information exporter’s case number (i.e., at that with 19 CFR 351.305(a)(3), which associated with the CPSC’s Safety exporter’s rate) will be liquidated at the continues to govern business Standard for Portable Bed Rails (OMB PRC-wide rate.8 proprietary information in this segment No. 3041–0149). In the Federal Register of the proceeding. Timely written of March 19, 2015 (80 FR 14367), the Cash Deposit Requirements notification of the return/destruction of CPSC published a notice to announce The following cash deposit APO materials, or conversion to judicial the agency’s intention to seek extension of approval of the collection of requirements will be effective upon protective order, is hereby requested. information. The Commission received publication of the final results of this Failure to comply with the regulations no comments. Therefore, by publication administrative review for all shipments and terms of an APO is a violation of this notice, the Commission of subject merchandise entered, or which is subject to sanction. announces that CPSC has submitted to withdrawn from warehouse, for We are issuing and publishing this the OMB a request for extension of consumption on or after the publication final results of administrative review approval of that collection of date, as provided for by section and notice in accordance with sections information, without change. 751(a)(2)(C) of the Act: (1) For subject 751(a)(1) and 777(i)(1) of the Act and 19 DATES: Written comments on this merchandise exported by New-Tec, CFR 351.213(h). request for extension of approval of which has a separate rate, the cash information collection requirements deposit rate will be that established in Dated: June 4, 2015. should be submitted by July 13, 2015. the final results of this review, except, Ronald K. Lorentzen, Deputy Assistant Secretary for Enforcement ADDRESSES: Submit comments about if the rate is zero or de minimis, then _ zero cash deposit will be required; (2) and Compliance. this request by email: OIRA for any previously reviewed or [email protected] or fax: 202– Appendix 395–6881. Comments by mail should be investigated PRC and non-PRC exporter sent to the Office of Information and not listed above that received a separate List of Comments Discussed in the Regulatory Affairs, Attn: OMB Desk rate in a previous segment of this Accompanying Final Issues and Decision Officer for the CPSC, Office of proceeding, the cash deposit rate will Memorandum Management and Budget, Room 10235, continue to be the existing exporter- Summary Background 725 17th Street NW., Washington, DC specific rate; (3) for all PRC exporters 20503. In addition, written comments that have not been found to be entitled Scope of the Order No Shipments Claim that are sent to OMB also should be to a separate rate, the cash deposit rate submitted electronically at http:// will be that for the PRC-wide entity (i.e., Rescission in Part Discussion of the Issues www.regulations.gov, under Docket No. 383.60 percent); and (4) for all non-PRC CPSC–2011–0019. exporters of subject merchandise which Comment 1: Whether to use TS Steel’s FOR FURTHER INFORMATION CONTACT: For have not received their own rate, the Financial Statement further information contact: Robert H. cash deposit rate will be the rate Comment 2: Whether to use Thai Trolley’s Squibb, Consumer Product Safety applicable to the PRC exporter that Financial Statement Comment 3: Use of Jenbunjerd’s Financial Commission, 4330 East West Highway, supplied the non-PRC exporter. These Statement Bethesda, MD 20814; (301) 504–7815, or cash deposit requirements, when Comment 4: Surrogate Values for Energy by email to: [email protected]. imposed, shall remain in effect until Recommendation SUPPLEMENTARY INFORMATION: CPSC has further notice. [FR Doc. 2015–14365 Filed 6–10–15; 8:45 am] submitted the following currently BILLING CODE 3510–DS–P approved collection of information to 7 For a full discussion of this practice, see Non- Market Economy Antidumping Proceedings: OMB for extension: Assessment of Antidumping Duties, 76 FR 65694 Title: Safety Standard for Portable Bed (October 24, 2011). Rails. 8 Id. OMB Number: 3041–0149.
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Type of Review: Renewal of Purpose of the Board: The purpose of Specific Advisory Board (EM SSAB), collection. this Board is to make recommendation Northern New Mexico (known locally as Frequency of Response: On occasion. to DOE–SC with respect to the basic the Northern New Mexico Citizens’ Affected Public: Manufacturers and energy sciences research program. Advisory Board [NNMCAB]). The importers of portable bed rails. Tentative Agenda: Federal Advisory Committee Act (Pub. Estimated Number of Respondents: 17 • Call to Order, Introductions, Review L. 92–463, 86 Stat. 770) requires that firms supplying portable bed rails to the of the Agenda public notice of this meeting be United States Market have been • News from the Office of Science announced in the Federal Register. identified with an estimated 2 models/ • News from the Office of Basic Energy DATES: firm annually. Sciences Wednesday, July 8, 2015 2:00 p.m.– Estimated Time per Response: 1 hour/ • Report by the BESAC Subcommittee 4:00 p.m. model associated with marking, on Transformational Opportunities ADDRESSES: NNMCAB Office, 94 Cities labeling, and instructional • LCLS–II Update of Gold Road, Santa Fe, NM 87506. requirements. • Materials Sciences and Engineering FOR FURTHER INFORMATION CONTACT: Total Estimated Annual Burden: 34 Division Strategic Planning Process × × Menice Santistevan, Northern New hours (17 firms 2 models 1 hour). • Chemical Sciences, Geosciences, and Mexico Citizens’ Advisory Board, 94 General Description of Collection: The Biosciences Division Strategic Cities of Gold Road, Santa Fe, NM Commission issued a safety standard for Planning Process 87506. Phone (505) 995–0393; Fax (505) portable bed rails (16 CFR part 1224) on • Materials Sciences and Engineering 989–1752 or Email: February 29, 2012 (77 FR 12182). The Division Committee of Visitors Report [email protected]. standard is intended to address hazards • Advanced Photon Source Update and to children from use of portable bed Response to the BESAC Future Light SUPPLEMENTARY INFORMATION: rails. Among other requirements, the Source Report Purpose of the Board: The purpose of standard requires manufacturers, • Public Comment Session the Board is to make recommendations including importers, to meet the • Adjourn to DOE–EM and site management in the collection of information requirements Breaks Taken as Appropriate areas of environmental restoration, for marking, labeling, and instructional waste management, and related Public Participation: The meeting is literature for portable bed rails. activities. open to the public. If you would like to Purpose of the Environmental Dated: June 8, 2015. file a written statement with the Monitoring and Remediation Committee Todd A. Stevenson, Committee, you may do so either before (EM&R): The EM&R Committee provides Secretary, Consumer Product Safety or after the meeting. If you would like a citizens’ perspective to NNMCAB on Commission. to make oral statements regarding any of current and future environmental [FR Doc. 2015–14263 Filed 6–10–15; 8:45 am] the items on the agenda, you should remediation activities resulting from BILLING CODE 6355–01–P contact Katie Runkles at (301) 903–6594 historical Los Alamos National (fax) or [email protected] Laboratory (LANL) operations and, in (email). Reasonable provision will be particular, issues pertaining to made to include the scheduled oral DEPARTMENT OF ENERGY groundwater, surface water and work statements on the agenda. The required under the New Mexico Basic Energy Sciences Advisory Chairperson of the Committee will Environment Department Order on Committee conduct the meeting to facilitate the Consent. The EM&R Committee will orderly conduct of business. Public AGENCY: Office of Science, Department keep abreast of DOE–EM and site comment will follow the 10-minute of Energy. programs and plans. The committee will rule. work with the NNMCAB to provide ACTION: Notice of open meeting. Minutes: The minutes of this meeting assistance in determining priorities and will be available for public review and SUMMARY: This notice announces a the best use of limited funds and time. copying within 45 days by contacting meeting of the Basic Energy Sciences Formal recommendations will be Katie Runkles at the address above. Advisory Committee (BESAC). The proposed when needed and, after Federal Advisory Committee Act (Pub. Issued in Washington, DC, on June 5, 2015. consideration and approval by the full L. 92–463, 86 Stat. 770) requires that LaTanya R. Butler, NNMCAB, may be sent to DOE–EM for public notice of these meetings be Deputy Committee Management Officer. action. announced in the Federal Register. [FR Doc. 2015–14299 Filed 6–10–15; 8:45 am] Purpose of the Waste Management DATES: BILLING CODE 6450–01–P (WM) Committee: The WM Committee Tuesday, July 7, 2015 8:30 a.m. to 5:00 reviews policies, practices and p.m. procedures, existing and proposed, so as Wednesday, July 8, 2015 8:00 a.m. to DEPARTMENT OF ENERGY to provide recommendations, advice, 12:00 noon. suggestions and opinions to the ADDRESSES: Bethesda North Hotel and Environmental Management Site- NNMCAB regarding waste management Conference Center, 5701 Marinelli Road, Specific Advisory Board, Northern New operations at the Los Alamos site. Bethesda, MD 20852. Mexico Tentative Agenda: FOR FURTHER INFORMATION CONTACT: AGENCY: Department of Energy. • Call to Order and Introductions Katie Runkles; Office of Basic Energy • ACTION: Notice of open meeting. Approval of Agenda Sciences; U.S. Department of Energy; • Approval of Minutes from May 13, Germantown Building, 1000 SUMMARY: This notice announces a 2015 Independence Avenue SW., combined meeting of the Environmental • Old Business Washington, DC 20585–1290; Monitoring and Remediation Committee • New Business Telephone: (301) 903–6529. and Waste Management Committee of • Update from Executive Committee SUPPLEMENTARY INFORMATION: the Environmental Management Site- • Update from DOE
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• Presentation by DOE 2012 IECC) would result in national revised code would improve energy • Public Comment Period source energy savings of approximately efficiency in residential buildings, and • Adjourn 0.87 percent, site energy savings of must publish notice of such Public Participation: The NNMCAB’s approximately 0.98 percent, and energy determination in the Federal Register. Committees welcome the attendance of cost savings of approximately 0.73 (42 U.S.C. 6833(a)(5)(A)) The Secretary the public at their combined committee percent of residential building energy may determine that the revision of the meeting and will make every effort to consumption, as regulated by the IECC. 1992 MEC, or any successor thereof, accommodate persons with physical Upon publication of this affirmative improves the level of energy efficiency disabilities or special needs. If you determination, each State is required by in residential buildings. If so, then not require special accommodations due to statute to certify that it has reviewed the later than two years after the date of the a disability, please contact Menice provisions of its residential building publication of such affirmative Santistevan at least seven days in code regarding energy efficiency, and determination, each State is required to advance of the meeting at the telephone made a determination as to whether to certify that it has reviewed its number listed above. Written statements update its code to meet or exceed the residential building code regarding may be filed with the Committees either 2015 IECC. Additionally, this notice energy efficiency, and made a before or after the meeting. Individuals provides guidance to States on these determination as to whether it is who wish to make oral statements processes and associated certifications. appropriate to revise its code to meet or pertaining to agenda items should DATES: Certification statements provided exceed the provisions of the successor contact Menice Santistevan at the by States must be submitted by June 12, code. (42 U.S.C. 6833(a)(5)(B)) State address or telephone number listed 2017. determinations are to be made: (1) After public notice and hearing; (2) in writing; above. Requests must be received five ADDRESSES: Certification Statements (3) based upon findings included in days prior to the meeting and reasonable must be addressed to the Building such determination and upon evidence provision will be made to include the Technologies Office—Building Energy presented at the hearing; and (4) presentation in the agenda. The Deputy Codes Program Manager, U.S. available to the public. (See 42 U.S.C. Designated Federal Officer is Department of Energy, Office of Energy 6833(a)(2)) In addition, if a State empowered to conduct the meeting in a Efficiency and Renewable Energy, 1000 determines that it is not appropriate to fashion that will facilitate the orderly Independence Avenue SW., EE–5B, revise its residential building code, the conduct of business. Individuals Washington, DC 20585. wishing to make public comments will State is required to submit to the FOR FURTHER INFORMATION CONTACT: Secretary, in writing, the reasons, which be provided a maximum of five minutes Jeremiah Williams; U.S. Department of to present their comments. are to be made available to the public. Energy, Office of Energy Efficiency and (See 42 U.S.C. 6833(a)(4)) Minutes: Minutes will be available by Renewable Energy, 1000 Independence writing or calling Menice Santistevan at ECPA requires the Secretary to permit Avenue SW., EE–5B, Washington, DC extensions of the deadlines for the State the address or phone number listed 20585; (202) 287–1941; above. Minutes and other Board certification if a State can demonstrate [email protected]. that it has made a good faith effort to documents are on the Internet at: For legal issues, please contact Kavita http://www.nnmcab.energy.gov/. comply with the requirements of section Vaidyanathan; U.S. Department of 304(a) of ECPA, and that it has made Issued at Washington, DC, on June 8, 2015. Energy, Office of the General Counsel, significant progress in doing so. (42 LaTanya R. Butler, 1000 Independence Avenue SW., GC– U.S.C. 6833(c)) DOE is also directed to Deputy Committee Management Officer. 33, Washington, DC 20585; (202) 586– provide technical assistance to States to [FR Doc. 2015–14301 Filed 6–10–15; 8:45 am] 0669; [email protected]. support implementation of State BILLING CODE 6450–01–P SUPPLEMENTARY INFORMATION: residential and commercial building I. Introduction energy efficiency codes. (42 U.S.C. A. Statutory Authority 6833(d)) DEPARTMENT OF ENERGY B. Background C. Public Comments Regarding the B. Background [EERE–2014–BT–DET–0030] Determination The International Energy II. Methodology Conservation Code (IECC) is the RIN 1904–AD33 III. Summary of Findings IV. Determination Statement national model code establishing energy Determination Regarding Energy V. State Certification efficiency requirements for residential Efficiency Improvements in the 2015 VI. Regulatory Review & Analysis buildings. The IECC is revised every 3 International Energy Conservation years through a code development and Code (IECC) I. Introduction consensus process administered by the A. Statutory Authority International Code Council (ICC) 1. Code AGENCY: Energy Efficiency and change proposals may be submitted by Renewable Energy, Department of Title III of the Energy Conservation any interested party, and are evaluated Energy. and Production Act (ECPA), as through a series of public hearings. As ACTION: Notice of determination. amended, establishes requirements for part of the ICC process, any interested building energy conservation standards, party may submit proposals, as well as SUMMARY: The U.S. Department of administered by the DOE Building written comments or suggested changes Energy (DOE) has determined that the Energy Codes Program. (42 U.S.C. 6831 to any proposal, and make arguments 2015 edition of the International Energy et seq.) Section 304(a), as amended, of before a committee of experts assembled Conservation Code (IECC) would ECPA provides that whenever the 1992 by the ICC. At the final public hearing, improve energy efficiency in buildings Model Energy Code (MEC), or any arguments are presented to and voted subject to the code compared to the successor to that code, is revised, the 2012 edition. DOE analysis indicates Secretary of Energy (Secretary) must 1 More information on the ICC code development that buildings meeting the 2015 IECC (as make a determination, not later than 12 and consensus process is described at http:// compared with buildings meeting the months after such revision, whether the www.iccsafe.org/cs/codes/Pages/procedures.aspx.
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upon by the ICC Governmental Member In arriving at its determination, DOE C. Public Comments Regarding the Representatives, with the collection of reviewed all changes between the 2012 Determination accepted proposals forming the revised and 2015 editions of the IECC with edition of the IECC. The ICC published respect to residential buildings. DOE accepted public comments on the 2015 edition of the IECC (2015 IECC Accordingly, DOE published a Notice of the Notice of Preliminary Determination or 2015 edition) on June 3, 2014, which Preliminary Determination regarding the for the 2015 IECC until October 27, forms the basis of this determination 2015 IECC in the Federal Register on 2014. DOE received timely submissions notice. September 26, 2014 (79 FR 57915). from a total of five submitters.
TABLE I—INVENTORY OF PUBLIC COMMENTS RECEIVED
Number of Submitter comments Public docket reference
International Code Council (ICC) ...... 3 EERE–2014–BT–DET–0030–0002 National Association of Home Builders (NAHB) ...... 2 EERE–2014–BT–DET–0030–0003 Responsible Energy Codes Alliance (RECA) ...... 9 EERE–2014–BT–DET–0030–0004 Natural Resources Defense Council (NRDC) ...... 4 EERE–2014–BT–DET–0030–0005 Individual Commenter (Conner) ...... 1 EERE–2014–BT–DET–0030–0006
ICC’s first comment offers general response, DOE has added references to the state has determined to revise its support for DOE’s preliminary earlier determinations, as well as the code a description of the new code, and determination. (ICC, No. 2 at p. 2) 2 In associated energy savings estimates, in if it has decided not to revise its its second comment, ICC suggests DOE Section V of this notice. In its third residential building energy code, a accompany its 2015 IECC determination comment, ICC suggests DOE ‘‘emphasize space to provide the reasons for such with ‘‘previously released information that states are to compare the provisions decision. (3) The cover letter, as well as regarding the increased efficiency of the of their current codes with the the proposed form for response to DOE, 2012 IECC over the 2009 version, and provisions and requirements of the 2015 should prominently note the date on the increased efficiency of the 2009 IECC, and not assume that the which the response to DOE is due. (4) version over the 2006 version, in order percentage increase in efficiency for DOE should publish on its Building to make it abundantly clear that the their respective state will be the same as Energy Codes Web site the response efficiency of the 2015 IECC is much the 1% increase measured by DOE over received from each state, as well as a list higher than versions of the IECC in use the provisions in the 2012 IECC.’’ (ICC, of states from which a response has not in many states and jurisdictions around No. 2 at p. 3) DOE acknowledges that been received, updated on a regular the nation.’’ (ICC, No. 2 at p. 2–3) DOE States and localities should indeed basis. (5) Publishing the information on agrees with ICC’s assessment that the consider the impact of updated model each state, and its response or non- provisions of the 2015 edition of the codes relative to the specific response would allow citizens to IECC are much more energy efficient requirements in effect within the state become involved and ask questions of than several earlier editions of the or locality. In performing its their public officials, and otherwise model code. In performing its determination, DOE evaluates the determine whether their state is in determination, DOE evaluates the updated model code relative to the compliance with the law.’’ (ICC, No. 2 expected national impact of the new previous model code, and estimates the at p. 3) DOE is currently evaluating the edition of the model code, in this case aggregate impact on national energy means by which it tracks the national the 2015 IECC, against the most recent consumption. As many adopting states implementation of building energy previous edition receiving an and localities make modifications to the codes, and will consider the affirmative determination of energy model code, these entities should communication options proposed by savings, in this case the 2012 IECC (42 evaluate the impacts of the updated ICC. U.S.C. 6833(a)(5)(A)). However, DOE code relative to their own provisions. NAHB’s first comment suggests that recognizes that the updated code ICC further offers suggested ‘‘DOE’s analysis of the pipe insulation represents a significant savings communication options for DOE to was not properly calculated’’ and noted opportunity—in many cases up to 30 consider: ‘‘(1) DOE should transmit, that the actual net change made by this percent savings relative to codes with a cover letter offering assistance proposal was to increase the length of currently adopted by U.S. states.3 In and cooperation, a copy of the final 3⁄4-inch pipe requiring insulation by determination to the governor of each including runs shorter than 10 feet, 2 A notation in the form ‘‘ICC, No. 2 at p. 2’’ state, with a copy to the State Energy while eliminating insulation identifies a written comment that DOE received and Office, and post a copy of the cover requirements on smaller diameter has included in the docket of DOE’s ‘‘Preliminary letter template on the DOE Building piping. NAHB suggests ‘‘by properly Determination Regarding Energy Efficiency Improvements in the 2015 International Energy Energy Codes Web site. (2) DOE should applying the new hot water pipe Conservation Code (Docket No. EERE–2014–BT– provide, along with the cover letter and insulation requirements, the resulting DET–0030), which is maintained at determination, a simple form response energy savings will change.’’ (NAHB, www.regulations.gov. This particular notation refers ‘state determination form’ in a format No. 3 at p. 1) DOE agrees with NAHB’s to a comment: (1) Submitted by ICC; (2) filed as document number 2 of the docket, and (3) that allows the state officials charged comments relative to the net energy appearing on page 2 of that document. with complying with the law the ability savings surrounding this particular 3 Mendon et al., Cost-Effectiveness Analysis of the to check off whether the state (a) has proposal, and has revised its analysis 2009 and 2012 IECC Residential provisions— reviewed its code, (b) has provided accordingly. The revised estimated total Technical Support Document (PNNL, Richland, WA, April 2013), available at http://www. notice and an opportunity for comment energy cost savings compared to the energycodes.gov/sites/default/files/documents/ in the state, (c) has made findings, (d) 2012 IECC are now 0.73% compared to State_CostEffectiveness_TSD_Final.pdf. has published such findings, and (e) if the preliminary estimate of 0.90% (see
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Section III of this notice). NAHB’s energy codes to ensure intended edition of the code will receive a second comment notes that the consumer energy and cost savings. In its positive or negative determination ‘‘International Code Council (ICC) third comment, RECA agrees with DOE solely on the basis of this quantitative originally had proposal RE112–13 listed that, ‘‘proposal RE68–13 slightly analysis.’’ RECA notes that in previous as being approved to be included in the weakens sunroom fenestration determinations, DOE has not 2015 edition of the IECC. This proposal, requirements’’, ‘‘the impact should be historically limited itself to analyzing however, was actually withdrawn by the very small’’, and it, ‘‘does not affect only changes to the prescriptive path, proponent before it was approved on the SHGC requirements’’, but notes that and encourages DOE not to limit itself consent agenda. As a result, the changes ‘‘the impact is on climate zones 2–3, not to only considering changes to the were not included in the 2015 IECC and climate zone 1.’’ (RECA No. 4 at p. 2) prescriptive path in the future. RECA thus, any reference to RE112–13 should DOE agrees with RECA’s comment and ‘‘urges the Department to clarify in its be removed from the analysis.’’ (NAHB, assessment of the subject proposal, and Determination that it will continue to No. 3 at p. 2) DOE agrees with NAHB’s has revised the determination notice assess any changes made to the comment and acknowledges that the and supporting analysis accordingly. In performance path, and any new subject proposal is not included in the its fourth comment, RECA disagrees compliance options (like ERI) that are 2015 IECC. DOE notes that the original with DOE that duct tightness levels tend added to the IECC going forward in documentation published by the ICC to always be a ‘‘zero sum trade-off’’ as future Determinations.’’ DOE agrees following the public hearing process claimed in the Preliminary with RECA’s comment in principle, and inadvertently included this proposal, Determination, and suggests that ‘‘the acknowledges that changes in the 2015 and it has since been confirmed that the Department explicitly and correctly IECC, as well as potential future changes proposal was withdrawn from recognize the value of mandatory to the IECC, are likely to require consideration during the hearing measures, and that removal of this increasingly nuanced analyses of the process. DOE has revised this notice and mandatory backstop is a reduction in changes’ impacts. As stated in the supporting documentation accordingly. stringency in some cases, albeit likely preliminary notice, DOE plans to collect (Note that RECA offered a similar modest, depending on the measure that data specifically on the ERI path, and comment on RE112–13; see RECA, No. replaces duct efficiency.’’ (RECA No. 4 will consider means to broaden the 4 at p. 3.) at p. 2–3) DOE agrees in principle with scope of that commitment, as necessary, RECA’s first comment expresses RECA’s comment that energy neutrality in the future. In addition, while the DOE general support for DOE’s Preliminary depends on a variety of factors, Determination has typically focused on Determination on the 2015 edition of including impacts over the useful life of the mandatory and prescriptive IECC, DOE’s evaluation methodology in alternative energy measures. In the case requirements of the IECC, the both its quantitative and qualitative of building energy efficiency tradeoffs, Department reserves the right to aspects, and DOE’s conclusion that the the impact on longer-term energy evaluate other means of compliance 2015 IECC’s weakening amendments are savings can vary significantly between when adequate information is available. outweighed by its strengthening the measures being traded and the In its seventh comment, RECA agrees amendments. (RECA No. 4 at p. 1) In its chosen alternative designs. In addition, with DOE that ‘‘it is difficult to assess second comment, RECA ‘‘urges the DOE understands the purpose of the impact of the new Energy Rating Department to move ahead to finalize its mandatory requirements within the Index in the context of a Determination endorsing the 2015 IECC code, and while the subject proposal Determination,’’ but argues that ‘‘DOE for state adoption’’; ‘‘to continue to cannot directly be captured within the could reasonably conclude, based on the provide materials to states and localities DOE quantitative analysis, DOE indeed results of a Pacific Northwest National that will facilitate the adoption of, and acknowledges the potential effect on Laboratory study, that the new compliance with, this latest edition of building energy efficiency in compliance path is reasonably likely to the IECC’’; ‘‘to expeditiously make application. In its fifth comment, RECA save energy as compared to compliance training and compliance software notes that proposal RE112–13 ‘‘was with the 2012 IECC prescriptive available to states that adopt the 2015 withdrawn prior to final consideration, requirements on average, even if some IECC’’; and ‘‘to provide additional and is thus not part of the 2015 IECC.’’ individual homes could be weaker than funding to those states that are early (RECA No. 4 at p. 3) DOE agrees with those built to the 2012 IECC.’’ 4 (RECA adopters of the 2015 IECC.’’ (RECA No. this comment, as detailed above in No. 4 at p. 5) DOE appreciates the 4 at p. 1, and 3) DOE acknowledges the response to NAHB’s similar comment. comment and agrees, based on the need for materials that can assist in In its sixth comment, RECA suggests referenced PNNL analysis, that most facilitating the adoption of the latest that DOE should ‘‘continue to assess the homes built using the ERI path, as editions of the model code. While these potential impact of changes to the IECC specified in the 2015 IECC, are likely to activities are not directly within the for compliance paths outside the be at least as efficient as the homes built scope of the DOE determination prescriptive path’’ averring that to meet the prescriptive requirements of analysis, DOE is directed to provide expanding the Department’s ability to the IECC or the traditional performance technical assistance to states further assess such changes is in the path. In its eighth comment, RECA urges implementing building energy codes (42 public interest. (RECA No. 4 at p. 3) DOE to ‘‘promote the proper adoption U.S.C. 6833(d)), and does so through a With specific reference to DOE’s and implementation of the ERI as variety of activities, such as state- evaluation of the new ERI compliance contained in the 2015 IECC, without any specific energy and cost analysis, code path, RECA agrees with DOE’s use of the weakening amendments, including compliance software, and a collection of prescriptive compliance path as the monitoring its deployment in states and technical resources. DOE intends to generally predominant path, but cities going forward.’’ RECA also continue to provide such resources to recommends ‘‘this emphasis on the assist states in implementing updated prescriptive path for the numerical 4 Taylor et al., Identification of RESNET HERS analysis should not be read as limiting Index Values Corresponding to Minimal model codes, including adoption of Compliance with the IECC (PNNL, Richland, WA, such codes by states and localities, and the overall assessment of all changes in May 2014), available at http://www.energycodes. increasing compliance with building the code, nor should it suggest that an gov/hers-and-iecc-performance-path.
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recommends ‘‘DOE develop and/or fund exactly how many homes will comply II).’’ (Conner No. 6 at p. 1) Mr. Conner comprehensive support materials and using the ERI pathway, but suggests it suggests that ‘‘DOE modeling was not training to help to ensure that the ERI is certainly not zero. NRDC suggests that done in accordance with the IECC is properly implemented,’’ and that ‘‘currently about half of new homes standard reference design, and therefore ‘‘DOE should also consider how it can constructed in the U.S. are rated using is not as required for a determination.’’ help to ensure that the ERI process the RESNET HERS rating’’, and that ‘‘it He further suggests that ‘‘several major produces consistent, repeatable, and is likely a large percentage of these energy saving requirements provided by credible results for code compliance.’’ homes will choose to comply with the this new option were ignored or (RECA No. 4 at p. 5–7) DOE code via the ERI pathway, since this underestimated’’, and argues that ‘‘the acknowledges the importance of the will likely be the simplest method of definition of the Tropical Zone, which new ERI path in the 2015 IECC and its compliance.’’ (NRDC, No. 5 at p. 2) is a subset of existing IECC Climate potential impact on energy as the code NRDC further notes that a ‘‘Pacific Zone 1, does not by itself increase or is implemented. While code Northwest National Laboratory analysis decrease energy’’, but that ‘‘it is the implementation activities are outside of the HERS index’s relationship to the associated requirements that would the direct scope of the DOE 2012 IECC performance path found that potentially affect energy use.’’ (Conner determination, DOE does provide for all climate zones the ERI values No. 6 at p. 1) Mr. Conner cites three technical assistance to states adopted in the 2015 IECC ranged from aspects of proposal CE66-13 Part II that implementing building energy codes (42 at least as efficient to substantially more should have been considered new U.S.C. 6833(d)). DOE recognizes the efficient than the 2012 IECC, indicating energy-saving requirements rather than need for continued analysis and support that homes complying with the ERI path conditions under which other for states adopting the 2015 IECC, and will on average achieve large energy requirements may be lessened, as DOE will consider the requested activities, as savings compared to the 2012 IECC.’’ interpreted them: The restriction that able and appropriate, through the (NRDC, No. 5 at p. 2) DOE agrees that the home not be heated and that 50% Building Energy Codes Program. In its the new alternative ERI compliance of the home be uncooled, the restriction ninth comment, RECA supports the path, including the associated that 80% of domestic water heating be ‘‘Department’s stated plan to collect thresholds as published in the 2015 by solar or other renewable sources, and data relevant to the ERI, as well as all IECC, is reasonably likely to result in the restriction that natural ventilation be compliance options allowed in the energy savings compared to the 2012 facilitated by operable windows. IECC.’’ RECA further encourages the IECC and the majority of current state (Conner No. 6 at p. 1) In response, DOE Department to ‘‘reach out to industry codes. However, DOE remains unaware appreciates Mr. Conner’s comments, but and nonprofit partners to aggregate the of any current data source that would does not agree with his assessment data already available, and to explore allow for adequate evaluation of the regarding the particular proposal. The new methods for collecting and newly created path. DOE continues to IECC Standard Reference Design (SRD) analyzing data on the various base its evaluation of the new path on is intended for demonstrating compliance options and tools used the recent analysis conducted by PNNL, compliance of individual buildings, across the country.’’ (RECA No. 4 at p. as referenced in the preliminary which differs from the aggregate 7) DOE acknowledges and appreciates determination notice. In its fourth national analysis applied in DOE RECA’s support, and plans to work with comment, NRDC appreciates DOE’s determinations. Although the DOE the industry and stakeholders in indication in the preliminary building modeling prototypes and evaluating the new ERI path and determination that ‘‘it will attempt to simulation methodology occasionally associated energy impact. As previously collect data on the utilization of the draw on SRD assumptions, where stated, DOE intends to collect relevant various compliance pathways and appropriate, they are also informed by data and track the implementation of evaluate whether it can quantify savings additional sources that may better the ERI path relative to the traditional from compliance pathways other than represent typical construction practices, and to estimate an expected impact of compliance options provided by the the prescriptive path in future code changes. In this case, DOE IECC. DOE will continue to determinations’’, and urges DOE to considered typical construction affected communicate with interested and ‘‘evaluate energy savings from the ERI by the newly defined Tropical Zone, affected parties as the 2015 IECC is pathway in future determinations, as and acknowledges the modified criteria implemented and as further data and currently the analysis leaves out this associated with partially-conditioned resulting analysis becomes available. potential source of significant energy homes (e.g., with solar water heating savings.’’ (NRDC, No. 5 at p.2) DOE NRDC’s first two comments offer systems and operable windows). acknowledges the importance of general support for DOE’s determination However, it is not clear that these evaluating the energy impact of the ERI that the 2015 IECC saves energy changes will encourage additional use alternative, but remains unaware of any compared to the 2012 IECC, for DOE’s of energy-saving features, and DOE has quantitative finding of energy savings, current data source that would allow for maintained its original assessment. and for DOE’s qualitative assessment of adequate evaluation of the newly the specific code changes that will created path. DOE, therefore, maintains II. Methodology result in energy savings. (NRDC, No. 5 its intentions to track the adoption of In arriving at a determination, DOE at p. 1–2) In its third comment NRDC the ERI path relative to traditional reviewed all changes between the 2015 suggests that ‘‘actual energy savings application of the IECC, and may further and 2012 editions of the IECC. The IECC from the 2015 IECC are likely to be evaluate this path in future analyses. covers a broad spectrum of the energy- much larger than indicated by DOE’s One comment was received from an related components and systems in analysis’’, specifically suggesting that individual submitter, Craig Conner, who buildings, ranging from simpler the ‘‘new Energy Rating Index (ERI) indicated that ‘‘DOE made errors in residential buildings to more complex pathway created by RE188–13 is likely estimating the residential energy savings multifamily facilities. For the purposes to result in significant energy savings.’’ for the change that included a new of its determination, DOE focused only (NRDC, No.5 at p.2) NRDC tropical option for residential on low-rise residential buildings, acknowledges that it is not knowable construction (CE66-13 Part II, or CE66- defined in a manner consistent with the
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ICC and the American Society of determination as to whether any for the technical assistance of the 2015 Heating, Refrigerating and Air- successor standard to the 1992 MEC will IECC. conditioning Engineers (ASHRAE). improve energy efficiency. (42 U.S.C. III. Summary of Findings Low-rise residential buildings include 6833(a)(5)(A)) Section 304 of ECPA does one- and two-family detached and not include any reference to economic In performing its determination, DOE attached buildings, and low-rise justification, although such criteria are performed both a qualitative and multifamily buildings (not greater than considered directly by the ICC code quantitative analysis of the prescriptive three stories), such as condominiums development and consensus process, as and mandatory requirements contained and garden apartments. The 2015 IECC applicable. Each proposal submitted to in the 2015 IECC. The chosen was developed through the same the ICC code development process also methodology for these analyses is approach as the previous 2012 edition requires a declaration of whether the consistent with actions of recent with approval through the ICC proposed code change will increase the determinations, and provides a consensus process. The 2015 edition cost of construction. reasonable assessment of how the code contains no significant changes to the Separate from the Secretary’s will affect energy savings in residential overall scope or the structure of the determination under section 304(a), buildings. A summary of the analyses prescriptive and mandatory provisions section 307 of ECPA requires DOE to supporting DOE’s determination is of the code, which form the basis of the periodically review the technical and outlined in the following sections. DOE determination analyses. As a economic basis of the voluntary Qualitative Analysis result, DOE determined that the building energy codes, and participate methodology used for the analysis of the in the industry process for review and DOE performed a comparative 2012 IECC should again be utilized for modification, including seeking analysis of the textual requirements of the analysis of the 2015 IECC. adoption of all technologically feasible the 2015 IECC, examining the specific Overview of Methodology and economically justified energy changes (approved code changes) made efficiency measures. (42 U.S.C. 6836(b)) between the 2012 and the 2015 editions. The analysis methodology used by In fulfillment of this directive, DOE The ICC Code Hearing process considers DOE contains both qualitative and evaluates its code change proposals individual code changes for approval, quantitative components. A qualitative submitted to the ICC, analyzing energy and then bundles all the approved code comparison is undertaken to identify savings and cost-effectiveness, as changes together to form the next textual changes between requirements applicable, and otherwise participates published edition. In creating the 2015 in the 2015 and 2012 editions of the in the ICC process. In addition, DOE IECC, ICC processed 76 approved code IECC, followed by a quantitative performs independent technical and change proposals. DOE evaluated each assessment of energy savings conducted economic analysis of the IECC as part of of these code change proposals in through whole-building simulations of its direction to provide assistance to preparing its determination. In buildings constructed to meet the States implementing building energy conducting the revised analysis, DOE minimum requirements of each code codes. This approach allows DOE to also took into consideration NAHB’s over a range of U.S. climates. The meet its statutory obligation to comment about DOE’s analysis of pipe analysis methodology, which was participate in the industry process for insulation requirements (NAHB, No. 3 previously developed through a public at p. 1). comment process, is available on the review and modification of the IECC, and to seek adoption of all Overall, DOE found that the vast DOE Building Energy Codes Program majority of changes in the 2015 IECC Web site.5 technologically feasible and appear to be neutral (i.e., have no direct Consistent with its previous economically justified energy efficiency impact on energy savings) within the determinations, DOE compared overall measures. (42 U.S.C. 6836(b)). context of the determination analysis. editions of the IECC, and did not issue In preparation for technical assistance determinations for individual code activities, DOE previously developed a DOE also found that beneficial changes changes. DOE interprets the language in standardized methodology for assessing (i.e., increased energy savings) outweigh section 304(a) of ECPA to mean that the cost-effectiveness of code changes any changes with a detrimental effect on when a comprehensive revision of the through a public process. (78 FR 47677) energy efficiency in residential 1992 MEC, or its successor (which in This methodology is published on the buildings. Of the 76 total changes: DOE Building Energy Codes Program • 6 were considered beneficial; this case is the 2015 IECC), is published, • then that revised or successor code Web site, and has been applied by DOE 62 were considered neutral; • triggers the Secretary’s obligation to in the development of code change 5 were considered negligible; • issue a determination as to whether the proposals for the IECC, as well as 2 were considered detrimental; and • revised code improves energy efficiency assessing the cost-effectiveness of 1 was considered to have an in residential buildings. (See 42 U.S.C. published editions of the IECC. DOE unquantifiable impact. 6833(a)(5)(A)) This determination is expects to update this methodology Table III.1 presents the findings made by comparing the revised or periodically to ensure its assumptions resulting from the qualitative analysis, successor code to the last predecessor and economic criteria remain valid and along with a description of the change, code. adequate for the analysis of potential as well as an assessment of the code change proposals, and for States anticipated impact on energy savings in Consideration for Technological and considering adoption of model building residential buildings. Additional details Economic Factors energy codes. DOE will continue to use pertaining to the qualitative analysis are Section 304(a) of ECPA states that the the currently established methodology presented in a technical support Secretary is required to make a and parameters for developing materials document.6
5 See http://www.energycodes.gov/development/ 6 Mendon et al., 2015 IECC: Energy Savings available at http://www.energycodes.gov/ residential/methodology. Analysis (PNNL, Richland, WA, December 2014), determinations.
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TABLE III.1—QUALITATIVE ANALYSIS FINDINGS
Impact on Proposal No. Code section(s) affected a Description of changes energy Reason efficiency
RE1–13 ...... R101.4.3 (IRC N1101.3) ...... Deletes the exception for vesti- Neutral ...... The residential code has no re- bules in the provisions per- quirements for vestibules. taining to additions, alterations, renovations, and repairs. RE3–13 ...... R103.2 (IRC N1101.8) ...... Deletes text relating to commer- Neutral ...... Editorial change. cial building components in ‘‘Information on Construction Documents.’’ RE5–13 ...... R202 (IRC N1101.9)...... Deletes the definition of ‘‘en- Neutral ...... The definition applied to nonresi- trance door.’’ dential buildings only. RE6–13 ...... R202 (NEW) (IRC N1101.9 Adds definition of ‘‘Insulating Sid- Neutral ...... Addition of definition. (NEW)). ing’’ and notes that the insula- tion level of this siding must be R–2 or greater. RE9–13 ...... R202 (NEW) (IRC N1101.9 Adds an appendix with non-man- Neutral ...... No direct impact, but has the po- (NEW)), R304 (NEW) (IRC datory provisions for homes to tential to increase efficiency in N1101.16 (NEW)). be ‘‘solar-ready.’’ Designed to the future. be readily referenced by adopt- ing authorities as needed. RE12–13 ...... R401.2 (IRC N1101.15) ...... Minor clarification that the code’s Neutral ...... Clarification of code require- mandatory requirements should ments. be met in all compliance paths. RE14–13 ...... R401.3 (IRC N1101.16) ...... Adds more options for the allow- Neutral ...... Not energy related but does able locations for posting the eliminate a small enforcement certificate of occupancy. hindrance. RE16–13 ...... R401.3 (IRC N1101.16) ...... Similar to RE14–13. Allows more Neutral ...... Not energy related but does options for the allowable loca- eliminate a small enforcement tions for posting the certificate hindrance. of occupancy. RE18–13 ...... R402.1 (IRC N1102.1), R402.1.1 Cross-references vapor barrier Neutral ...... Adds consistency and clarifies (NEW) (IRC N1102.1.1 (NEW)). requirements by referencing code requirements. IRC R702.7. RE30–13 ...... Table R402.1.1, (IRC Table Modifies footnote h to these ta- Neutral ...... Adds an option for combined in- N1102.1.1). bles to allow combined sheath- sulated sheathing/siding that ing/siding. meets code requirements. RE43–13 ...... R402.1.2 (IRC N1102.1.2) ...... Adds use of term ‘‘continuous in- Neutral ...... Minor clarification of terminology. sulation’’ instead of ‘‘insulating sheathing.’’ RE45–13 ...... Table R402.1.3 (IRC N1102.1.3) Slightly increases frame wall U- Negligible .... Intended to correct a perceived factor in climate zones 1 and 2. misalignment between the The R-value table remains un- code’s R-value-based require- changed. ments and the alternative U- factor-based requirements. The changes are very small and unlikely to change wall insula- tion levels in most homes. RE50–13 ...... Table R402.1.3 (IRC Table Slightly increases frame wall U- Negligible .... Intended to correct a perceived N1102.1.3). factor in climate zones 1–5 but misalignment between the reduces it in climate zones 6– code’s R-value-based require- 8. The R-value table remains ments and the alternative U- unchanged. factor-based requirements. The changes are very small and unlikely to change wall insula- tion levels in most homes. RE53–13 ...... R402.2.1 (IRC N1102.2.1) ...... Clarifies decreased ceiling insula- Neutral ...... Clarification of the code require- tion allowance for ceilings with ment. attic spaces only. RE58–13 ...... R402.2.4 (IRC N1102.2.4)...... Clarifies that vertical doors are Neutral ...... Clarification of the code require- not ‘‘access doors’’ in R402.2.4 ment. and shall be permitted to meet the fenestration requirements of Table 402.1.1. RE60–13 ...... R402.2.7 (IRC N1102.2.7), Table Allows the floor cavity insulation Neutral ...... Allows a combination of cavity R402.4.1.1 (IRC Table to not be in contact with the and continuous insulation to N1102.4.1.1). underside of the subfloor deck- meet the floor R-value require- ing if it is in contact with the ment. topside of sheathing or contin- uous insulation installed on the bottom side of floor framing.
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TABLE III.1—QUALITATIVE ANALYSIS FINDINGS—Continued
Impact on Proposal No. Code section(s) affected a Description of changes energy Reason efficiency
RE63–13 ...... Table R402.1.1 (IRC Table Clarifies footnote h text by re- Neutral ...... Clarification of code require- N1102.1.1), R402.2.13 wording it and moving it to new ments. (NNEW) (IRC N1102.2.13 section R402.2.13. (NEW)). RE68–13 ...... R402.3.5 (IRC N1102.3.5) ...... Slightly increases sunroom U-fac- Detrimental .. Applies to only climate zones 2 tor. and 3; impacts only thermally isolated sunrooms. RE83–13 ...... Table R402.4.1.1 (IRC Table Clarifies requirements for wall Neutral ...... Minor addition and clarification of N1102.4.1.1). corner and headers to have in- code requirements. sulation that has at least R–3 per inch, and clarifies that it is the cavities in such compo- nents that require the insula- tion. RE84–13 ...... Table R402.4.1.1 (IRC Table Allows a combination of cavity Neutral ...... Subset of RE60–13; makes minor N1102.4.1.1). and continuous insulation to clarifying revisions to wording. meet the floor R-value require- ment. RE85–13 ...... Table R402.4.1.1 (IRC Table Reorganizes Table 402.4.1.1 by Neutral ...... Clarification of code require- N1102.4.1.1). adding an additional column ments. and separating ‘‘air barrier cri- teria’’ from ‘‘insulation installa- tion criteria,’’ for clarity. RE86–13 ...... Table R402.4.1.1 (IRC Table Clarifies language relating to fire- Neutral ...... Clarification of code require- N1102.4.1.1), R402.4.2 (IRC place sealing/door require- ments. N1102.4.2). ments. RE91–13 ...... R402.4.1.2 (IRC N1102.4.1.2), Adds references to the American Neutral ...... Adds more detailed references Chapter 5. Society for Testing and Mate- for procedures. rials (ASTM) standards E779 and E1827 for blower door testing. RE103–13 ...... R403.1.1 (IRC N1103.1.1) ...... Adds requirements for the ther- Neutral ...... Clarifies that the requirement is mostat to be pre-programmed the manufacturer’s responsi- by the manufacturer. bility. RE105–13 ...... R403.1.1 (IRC N1103.1.1)...... Makes the programmable ther- Neutral ...... No direct impact on energy. mostat requirement apply to any heating/cooling system. RE107–13 ...... R403.2.1 (IRC N1103.2.1) ...... Increases insulation requirements Beneficial ..... Modestly reduces conduction for return ducts in attics from losses from return ducts in at- R–6 to R–8. tics. RE109–13 ...... R403.2 (IRC N1103.2), R403.2.2 Makes the maximum allowable Neutral ...... Zero-sum tradeoff within IECC (IRC N1103.2.2), R403.2.3 duct leakage rates prescriptive, performance path rules; applies (NEW) (IRC N1103.2.3 allowing performance path only to compliance via perform- (NEW)), R403.2.4 (NEW) (IRC trade-offs. ance path. N1103.2.4 (NEW)). RE111–13 ...... R403.2.2 (IRC N1103.2.2) ...... Aligns the IECC with the Inter- Neutral ...... Requires sealing of additional national Mechanical Code locking joints for consistency (IMC) by removing exception between the IECC and IMC. from duct sealing for low-pres- Impact is negligible because sure continuously welded the mandatory duct pressure ducts. test governs duct leakage re- gardless of specific sealing strategies. RE117–13 ...... R403.2.2 (IRC N1103.2.2) ...... Deletes exception relating to par- Neutral ...... Editorial change to eliminate irrel- tially inaccessible duct connec- evant text. tions. RE118–13 ...... R403.2.2 (IRC N1103.2.2) ...... Reverses the order of how the Neutral ...... Rearrangement of text. two duct testing options are presented. RE125–13, Part I .... R403.4.1 (IRC N1103.4.1), Adds requirements for demand- Beneficial ..... Demand activated control re- R403.4.1.1 (NEW) (IRC activated control on hot water duces the runtime of circulation N1103.4.1.1 (NEW)), circulation systems and heat pumps. R403.4.1.2 (NEW) (IRC trace systems. Makes IECC, N1103.4.1.2 (NEW)), Chapter IRC, and IPC consistent and 5, IPC [E] 607.2.1, [E] clarifies requirements for these 607.2.1.1 (NEW), [E] systems. 607.2.1.1.1 (NEW), [E] 607.2.1.1.2 (NEW), IPC Chap- ter 14, IRC P2905 (NEW), IRC P2905.1 (NEW).
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TABLE III.1—QUALITATIVE ANALYSIS FINDINGS—Continued
Impact on Proposal No. Code section(s) affected a Description of changes energy Reason efficiency
RE132–13 ...... R403.4.2 (IRC N1103.4.2), Table Deletes requirement for domestic Beneficial ..... Energy lost due to the elimination R403.4.2 (IRC Table hot water (DHW) pipe insula- of hot water pipe insulation on N1103.4.2). tion to kitchen and the generic the kitchen pipe is typically requirement on long/large-di- more than made up by added ameter pipes. However, adds insulation requirements for DHW pipe insulation for 3/4- pipes 3/4 inches in diameter, inch pipes. the most common size for trunk lines. RE136–13, Part I .... R403.4.2 (NEW) (IRC N1103.4.2 Adds demand control require- Beneficial ..... Demand activated control re- (NEW)), IPC 202, IPC ments for recirculating systems duces the runtime of circulation [E]607.2.1.1 (NEW), IRC that use a cold water supply pumps. P2905 (NEW), IRC P2905.1 pipe to return water to the tank. (NEW). RE142–13 ...... R403.6 (IRC N1103.6) ...... Requires heating, ventilation, and Neutral ...... DOE’s Appliances and Commer- air-conditioning equipment to cial Equipment Standards Pro- meet Federal efficiency stand- gram regulates the minimum ards. efficiency of units produced by equipment manufacturers. RE163–13 ...... R405.4.2 (IRC N1105.4.2), Specifies details of a compliance Neutral ...... No direct impact on energy. R405.4.2.1 (NEW) (IRC report for the performance ap- N1105.4.2.1 (NEW)), R405.2.2 proach. (NEW) (IRC N1105.4.2.2 (NEW)). RE167–13 ...... Table R405.5.2(1) (IRC Table Fixes missing standard reference Neutral ...... Adds details for modeling the B1105.5.2(1)). design specifications for ther- standard reference design in mal distribution systems. the performance path. RE173–13 ...... Table R405.5.2(1) (IRC Table Adjusts Table R405.5.2(1) (the Neutral ...... Simple clarification of the intent N1105.5.2(1)). performance path) terminology of the code. for doors and fenestration. RE184–13 ...... R101.4.3, R202, R406 (NEW), Revamps alterations language Neutral ...... Trade-offs between weakened (IRC N1101. 3, N1101.9, and moves it from chapter 1 to and strengthened requirements N1106 (NEW)). section R406. possible but there is no fea- sible method for quantifying the energy impact of these trade- offs. RE188–13 ...... R202 (NEW) (IRC N1101.9 Optional new approach in section Not quantifi- New alternative compliance (NEW)), R401.2 (IRC 406 requiring an ERI with a able at this path—no data is currently N1101.15), R406 (NEW) (IRC tradeoff limitation on the ther- time. available to adequately esti- N1106 NEW). mal envelope requirements. mate the number of homes that may be constructed using this compliance path. RE193–13 ...... R202 (IRC N1101.9), 403.10 Adds requirements for testing of Neutral ...... Impacts air quality; no direct im- (New) (IRC N1103.10 (New)). combustion venting systems. pact on home energy usage. RE195–13 ...... R402.1.2 ...... Subtracts out R–0.6 for insulating Neutral ...... Adds consistency in R-value cal- siding from R-value table to culations. prevent double counting of sid- ing. RB96–13, Part I ...... Table R402.4.1.1 ...... Specifies that air sealing shall be Neutral ...... Minor clarification of code re- provided in fire separation as- quirements. semblies. RB100–13 ...... R303.4 ...... Corrects the air infiltration thresh- Neutral ...... Consistency change. old in R303.4 to be 5 air changes per hour or less to align it with the infiltration limits set by the code. SP19–13, Part III.... 303.1; IECC C404.7; IECC Makes numerous wording Neutral ...... No direct impact on home energy R403.9. changes to pool and spa re- usage. quirements. Doesn’t appear to make substantive changes. ADM22–13, Part III IECC: R108.2 ...... Revises ‘‘owner’s agent’’ to Neutral ...... Simple language change. ‘‘owner’s authorized agent’’ in R108.2. ADM30–13, Part III IECC: R103.4 ...... Adds ‘‘work shall be installed in Neutral ...... Simple language change. accordance with the approved construction documents’’ to R103.4. ADM40–13, Part III IECC: R103.1...... Adds ‘‘technical reports’’ as ac- Neutral ...... Simple language change. ceptable data for submittal with a permit application.
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TABLE III.1—QUALITATIVE ANALYSIS FINDINGS—Continued
Impact on Proposal No. Code section(s) affected a Description of changes energy Reason efficiency
ADM51–13, Part III IECC: R202 (IRC N1101.9) ...... Adds ‘‘retrofit’’ and other terms to Neutral ...... Simple language change. definition of ‘‘alteration.’’ ADM57–13, Part III IECC: R202 (IRC N1101.9) Adds definition of ‘‘approved Neutral ...... Simple language change. (New). agency.’’ ADM60–13, Part III IECC: R202 (IRC N1101.9) ...... Revises definition of ‘‘repairs.’’ Neutral ...... Simple language change. CE4–13, Part II...... R101.4, R202 (IRC N1101.9); Editorial relocation of code text Neutral ...... Editorial change. R402.3.6 (IRC N1102.3.6), pertaining to ‘‘existing build- Chapter 5 (RE) (NEW) (IRC ings’’ to a separate chapter. N1106 (NEW)). CE8–13, Part II...... R101.4.2, R202 (NEW) (IRC Revises language requiring the Beneficial ..... Additional buildings must meet N1101.9 (NEW)). code to apply to historic build- the code requirements. ings if no ‘‘compromise to the historic nature and function of the building’’ occurs. CE11–13, Part II ..... R101.4.3, (IRC N1101.3) ...... Adds existing single-pane fen- Neutral ...... Exceptions are allowed only if en- estration with surface films to ergy use is not increased. the list of exceptions in R101.4.3. CE15–13, Part II ..... R101.4.3 (IRC N1101.3), R202 Revises exemption for roofing re- Neutral ...... Editorial change. (NEW) (IRC N1101.9 (NEW)). placement. CE23–13, Part II ..... R101.5.2 (IRC N1101.6), R402.1 Relocates exception for ‘‘low en- Neutral ...... Editorial change. (IRC N1102.1). ergy’’ buildings from R101.5.2 to R402.1. CE33–13, Part II ..... R102, R102.1.1 (NEW) ...... Changes title of section R102 to Neutral ...... Editorial change. ‘‘Applicability—Duties and pow- ers of the Code Official’’ and revises language on ‘‘alter- native materials, design and methods of construction and equipment.’’ CE37–13, Part II ..... R103.2.1 (NEW) ...... Requires the building’s thermal Neutral ...... Simple documentation require- envelope to be represented on ment. construction documents. CE38–13, Part II ..... R103.3, R104.1, R104.2 (NEW), Revises a number of administra- Neutral ...... No direct impact on energy. R104.3, R104.3.1 (NEW), tive requirements to enhance R014.3.2 (NEW), R104.3.3 the ability to ensure compli- (NEW), R104.3.4 (NEW), ance with the code and im- R104.3.5 (NEW), R104.3.6 prove the usability of the code. (NEW), R104.5. CE43–13, Part II ..... R106.2 ...... Deletes R106.2 ‘‘Conflicting re- Neutral ...... Editorial change. quirements’’ because it is re- dundant with ‘‘Conflicts’’ in R106.1.1. CE44–13, Part II ..... R108.4 ...... Revises language pertaining to Neutral ...... Editorial change. ‘‘fines’’ in section R108.4. CE49–13, Part III.... R202 (NEW) (IRC N1101.9 Adds definition of a ‘‘circulating Neutral ...... Editorial change. (NEW)). hot water system.’’ CE50–13, Part II..... R202 (NEW) (IRC N1101.9 Add definition of ‘‘climate zone.’’ Neutral ...... Editorial change. (NEW)). CE51–13, part II ...... R202 (IRC N1101.9) ...... Revises the definition of ‘‘condi- Neutral ...... Revision of definition. tioned space.’’ CE52–13, Part II..... R202 (NEW) (IRC N1101.9 Adds definition of ‘‘continuous in- Neutral ...... Definition addition. (NEW)). sulation.’’ CE59–13, Part II ..... R202 (IRC N1101.9) ...... Revises the definition of ‘‘vertical Neutral ...... Revision of definition. glazing.’’ CE61–13, Part II ..... Table R301.1 ...... Adds ‘‘Broomfield County’’ to Neutral ...... Editorial change. Table C301.1 and R301.1. CE62–13, Part II..... Figure R301.1 (IRC Figure Eliminates the ‘‘warm humid’’ Neutral ...... No efficiency requirements de- N1101.10), Table R301.1 (IRC designation for counties in the pend on the warm-humid des- Table N1101.10). ‘‘dry’’ moisture regime in ignation in Climate Zone 2/Dry. Southwest Texas. CE63–13, Part II ..... R303.1.1 (IRC N1101.12.1) ...... Requires labeling R-value on Neutral ...... Labeling requirement. packaging of insulated siding and listing of same on the cer- tification.
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TABLE III.1—QUALITATIVE ANALYSIS FINDINGS—Continued
Impact on Proposal No. Code section(s) affected a Description of changes energy Reason efficiency
CE65–13, Part II ..... R303.1.3 (IRC N1101.12.3), Adds the American National Neutral ...... Adds an option of using ANSI/ Chapter 5. Standards Institute (ANSI)/Door DASMA 105 instead of NFRC and Access Systems Manufac- 100. turers Association (DASMA) standard 105 as an alternative to National Fenestration and Rating Council (NFRC) 100 for determining U-factors of ga- rage doors, where required. CE66–13, Part II ..... R301.4 (NEW) (IRC N1101.10.3 Defines a new ‘‘Tropical’’ climate Detrimental .. Exception to code requirements (NEW)), R406 (NEW) (IRC zone and adds an optional applicable to a small number of N1106 (NEW)). compliance path for semi-con- homes in tropical areas. ditioned residential buildings with a list of pre-defined criteria to be deemed as code compli- ant in this climate zone. CE67–13, Part II ..... R303.1.4.1 (N1101.12.4) (NEW), Adds ASTM C1363 as the re- Neutral ...... Addition of testing requirements. Chapter 5. quired test standard for deter- mining the thermal resistance (R-value) of insulating siding. CE161–13, Part II ... R402.3.2 (IRC N1102.3.2) ...... Allows dynamic glazing to satisfy Negligible .... Similar energy impact to non-dy- the SHGC requirements pro- namic glazing. vided the ratio of upper to lower SHGC is 2.4 or greater and is automatically controlled to modulate the amount of solar gain into the space. CE177–13, Part II ... R402.1.2 (NEW), (IRC Requires open combustion appli- Neutral ...... Relates to indoor air quality and N1102.4.1.2 (NEW)). ances to be outside condi- does not impact energy di- tioned space or in a room iso- rectly. lated from conditioned space and ducted to the outside. CE179–13, Part II... Table R402.4.1.1 (IRC Table Exempts fire sprinklers from air Negligible .... The home/unit would still have to N1102.4.1.1). sealing requirements. pass the blower door test. CE283–13, Part II ... R403.4.3 (NEW) (N1103.5 Requires drain water heat recov- Negligible .... Enables credit for efficiency im- (NEW)), Chapter 5, IRC ery systems to comply with Ca- provements due to the use of P2903.11 (NEW). nadian Standards Association drain water heat recovery de- (CSA) Standard 55 and adds vices. references to CSA Standard 55 to chapter 5. CE362–13, Part II... R403.2 (New) (IRC N1103.2 Adds requirement for outdoor set- Beneficial ..... Lowering boiler water tempera- (New)). back control for hot water boil- ture during periods of moderate ers that controls the boiler outdoor temperature reduces water temperature based on energy consumption of the boil- the outdoor temperature. er. a Code sections refer to the 2012 IECC. KEY: The following terms are used to characterize the effect of individual code change on energy efficiency (as contained in the above table): Beneficial indicates that a code change is anticipated to improve energy efficiency; Detrimental indicates a code change may increase energy use in certain applications; Neutral indicates that a code change is not anticipated to impact energy efficiency; Negligible indicates a code change may have energy impacts but too small to quantify; and Not Quantifiable indicates that a code change may have energy impacts but can’t be quantified at this time.
In addition to the changes approved compliance path in practice, and; (2) the Index (ERI), prompted DOE to review its for inclusion in the prescriptive and performance path effectively allows a historical approach, and make a mandatory paths, ICC also approved a limitless number of ways to comply decision as to whether a change in proposal based on an Energy Rating with the code, and no accepted methodology would be appropriate for Index (ERI) in the 2015 IECC. While this methodology exists for how to analyze the current determination analysis. change does not directly alter stringency it. Equally important, there is no Three primary points were considered: of the code, it does provide an aggregated source of data allowing for (1) The impact of the ERI path on additional compliance path as an documentation of how buildings meet national residential energy consumption alternative to the traditional IECC the performance path criteria. In the is dependent on the number of homes prescriptive and performance paths. absence of such data, an analysis of the DOE determination analyses have performance path would have no that use this new path, and the unique historically focused on the prescriptive empirical basis. building characteristics of those homes. compliance path. This has been done The inclusion of a new type of As no jurisdiction has yet implemented because: (1) The prescriptive path is compliance path in the 2015 IECC, the 2015 IECC, there is no way to know generally considered the predominant which is based on an Energy Rating how many homes will use this path.
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(2) An analysis conducted by Pacific necessary, and is not currently performance-based compliance paths. Northwest National Laboratory (PNNL) available. Finally, DOE will explore whether the suggests that most homes built using the Based on these three points, DOE total number of homes built under each ERI path, as specified in the 2015 IECC, concluded that it is appropriate to path can be determined and tracked are likely to be at least as efficient as the follow its historical approach for the over time. DOE anticipates that multiple homes built to meet the prescriptive current determination. However, DOE paths may be considered in future requirements of the IECC or the acknowledges that the landscape of determinations, but will only be traditional performance path.7 code compliance may be changing, and included if the potential energy savings therefore plans to track the are relative to the traditional DOE (3) Including the new ERI path but not implementation and application of the analysis. the traditional performance path would new ERI path, as well as collect relevant Table III.2 summarizes the overall be arbitrary relative to historical data that may enable DOE to further impact of the code change proposals in determination analysis. An accepted evaluate the ERI path in future analyses. the qualitative analysis. Overall, the methodology, along with a supporting It will also investigate the possibility of sum of the beneficial code changes (6) data source, by which to analyze the collecting data that could provide the is greater than the number of the performance path would also be basis for a broader analysis of detrimental code change proposals (2).
TABLE III.2—OVERALL SUMMARY OF CODE CHANGE PROPOSAL IMPACT IN QUALITATIVE ANALYSIS
Unquantifiable at this Detriment Neutral Benefit Negligible impact time Total
2 62 6 5 1 76
Quantitative Analysis were extracted for each building type, residential building energy and weighted by the relative square consumption, as regulated by the IECC The quantitative analysis of the 2015 footage of construction (represented by (in comparison to the 2012 IECC). IECC was carried out using whole- building type in each climate regions). Associated source energy savings are building energy simulations of The methodology used for carrying out estimated to be approximately 0.87 prototype buildings designed to meet the quantitative analysis remains percent, and national average energy the requirements of the 2012 IECC and unchanged from the preliminary cost savings are estimated to be the 2015 IECC. DOE simulated 32 determination of the 2015 IECC, approximately 0.73 percent. Table III.3 representative residential building types however, the overall findings have been and Table III.4 show the energy use and across 15 U.S. climate locations, with updated based on comments received associated savings resulting from the locations selected to be representative of (see Public Comments Regarding the 2015 IECC by climate zone and on an all U.S climate zones, as defined by the Determination section of this notice). IECC. Energy use intensities (EUI) by The quantitative analysis of buildings aggregated national basis. Further fuel type and by end-use, as regulated designed to meet the requirements of details on the quantitative analysis can by the IECC (i.e., heating, cooling, the 2015 IECC indicates national site be found in the technical support domestic water heating and lighting) energy savings of 0.98 percent of document.
TABLE III.3—ESTIMATED REGULATED ANNUAL SITE AND SOURCE ENERGY USE INTENSITIES (EUI), AND ENERGY COSTS BY CLIMATE-ZONE [2012 IECC]
Source EUI Energy costs Climate zone Site EUI (kBtu/ft2-yr) (kBtu/ft2-yr) ($/residence-yr)
1 ...... 13.96 38.57 845 2 ...... 16.99 43.24 1,104 3 ...... 16.90 40.43 988 4 ...... 19.52 44.00 1,069 5 ...... 27.62 47.49 1,162 6 ...... 29.28 49.21 1,195 7 ...... 36.18 63.25 1,501 8 ...... 50.28 89.49 2,320
National Weighted Average ...... 20.82 44.17 1,086
7 Taylor et al., Identification of RESNET HERS Compliance with the IECC (PNNL, Richland, WA, May 2014), available at http://www.energycodes. Index Values Corresponding to Minimal gov/hers-and-iecc-performance-path
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TABLE III.4—ESTIMATED REGULATED ANNUAL SITE AND SOURCE ENERGY USE INTENSITIES (EUI), AND ENERGY COSTS BY CLIMATE-ZONE [2015 IECC]
Source EUI Energy costs Climate zone Site EUI (kBtu/ft2-yr) (kBtu/ft2-yr) ($/residence-yr)
1 ...... 13.85 38.33 841 2 ...... 16.84 42.90 1,096 3 ...... 16.71 40.03 980 4 ...... 19.31 43.56 1,060 5 ...... 27.38 47.14 1,155 6 ...... 29.03 48.84 1,187 7 ...... 35.86 62.72 1,490 8 ...... 49.80 88.65 2,299
National Weighted Average ...... 20.61 43.78 1,078
Table III.5 presents the estimated the 2015 IECC. Overall, the quantitative efficiency of residential buildings, as energy savings (based on percent change analysis indicates increased energy regulated by the updated code. in EUI and energy costs) associated with
TABLE III.5—REGULATED ANNUAL ENERGY SAVINGS ESTIMATED FROM THE QUANTITATIVE ANALYSIS
Site EUI a Source EUI a Energy costs a Climate zone (percent) (percent) (percent)
1 ...... 0.78 0.61 0.43 2 ...... 0.88 0.79 0.68 3 ...... 1.13 0.99 0.83 4 ...... 1.08 0.99 0.82 5 ...... 0.87 0.74 0.63 6 ...... 0.85 0.75 0.61 7 ...... 0.88 0.84 0.71 8 ...... 0.95 0.94 0.94
National Weighted Average ...... 0.98 0.87 0.73 a Percentages are calculated before rounding and may not exactly match percentages calculated between Table III.3 and Table III.4.
IV. Determination Statement V. State Certification appropriate and prominent media outlets, such as in a newspaper of Based on today’s determination, each Review and evaluation of the 2012 general circulation. States should also State is required to review the and 2015 editions of the IECC indicate be aware that this determination does that there are differences between the provisions of its residential building code regarding energy efficiency, and not apply to IECC chapters specific to two editions. Qualitative analysis of the nonresidential buildings, as defined in updated code reveals that many of the determine whether it is appropriate for such state to revise its building code to the IECC. Therefore, States must certify code changes are anticipated to have a their evaluations of their State building neutral impact on energy efficiency, meet or exceed the energy efficiency provisions of the 2015 IECC. (42 U.S.C. codes for residential buildings with while a small number of code changes 6833(a)(5)(B)) This action must be made respect to all provisions of the IECC, are anticipated to yield improved energy not later than 2 years from the date of except for those chapters not affecting efficiency, and a smaller number of code publication of a Notice of residential buildings. Because state changes are anticipated to be Determination, unless an extension is codes are based on a variety of model detrimental to energy efficiency. In provided. code editions, DOE encourages States to addition, quantitative analysis of the consider the energy efficiency State Review and Update code indicates regulated site energy, improvements of the 2015 IECC, as well source energy, and energy cost savings The State determination must be: (1) as other recent editions of the IECC, of 0.98 percent, 0.87 percent and 0.73 Made after public notice and hearing; which may also represent a significant percent, respectively. Finally, DOE (2) in writing; (3) based upon findings energy and cost savings opportunity. acknowledges the reasonable probability and upon the evidence presented at the DOE determinations regarding earlier that the new ERI compliance path will hearing; and (4) made available to the editions of the IECC are available on the result in energy efficiency public. (42 U.S.C. 6833(a)(2)) States DOE Building Energy Codes Program improvements that cannot be quantified have discretion with regard to the Web site.8 Further national and state at this time. DOE has rendered the hearing procedures they use, subject to analysis is also available.9 conclusion that the 2015 IECC will providing an adequate opportunity for improve energy efficiency in residential members of the public to be heard and 8 Available at http://www.energycodes.gov/ buildings, and, therefore, should receive to present relevant information. The regulations/determinations/previous. an affirmative determination under Department recommends publication of 9 Available at http://www.energycodes.gov/ Section 304(a) of ECPA. any notice of public hearing through development/residential/iecc_analysis.
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State Certification Statements VI. Regulatory Review and Analysis procedural, such as rulemaking establishing the administration of Review Under Executive Orders 12866 State certifications are to be sent to grants. Today’s action is required by and 13563 the address provided in the ADDRESSES Title III of ECPA, as amended, which section, or may be submitted to Today’s action is not a significant provides that whenever the 1992 MEC, [email protected], and regulatory action under Section 3(f) of or any successor to that code, is revised, must be submitted in accordance with Executive Order 12866, ‘‘Regulatory the Secretary must make a the deadline identified in the DATES Planning and Review’’ (58 FR 51735). determination, not later than 12 months section. If a State makes a determination Accordingly, today’s action was not after such revision, whether the revised that it is not appropriate to revise the reviewed by the Office of Information code would improve energy efficiency energy efficiency provisions of its and Regulatory Affairs (OIRA) in the in residential buildings and must residential building code, the State must Office of Management and Budget publish notice of such determination in submit to the Secretary, in writing, the (OMB). DOE has also reviewed this the Federal Register. (42 U.S.C. reasons for this determination, which regulation pursuant to Executive Order 6833(a)(5)(A)) If the Secretary shall be made available to the public. 13563, issued on January 18, 2011. (76 determines that the revision of 1992 (42 U.S.C. 6833(a)(4)) FR 3281) Executive Order 13563 is MEC, or any successor thereof, improves supplemental to and explicitly reaffirms the level of energy efficiency in The DOE Building Energy Codes the principles, structures, and residential buildings, then no later than Program tracks and reports State code definitions governing regulatory review two years after the date of the adoption and certifications.10 Once a established in Executive Order 12866. publication of such affirmative State has adopted an updated determination, each State is required to Review Under the Regulatory Flexibility residential code, DOE typically provides certify that it has reviewed its software, training, and support for the Act residential building code regarding new code, as long as the new code is The Regulatory Flexibility Act (5 energy efficiency and made a based on the national model code (i.e., U.S.C. 601 et seq.) requires the determination whether it is appropriate the 2015 IECC). DOE has issued preparation of an initial regulatory to revise its code to meet or exceed the previous guidance on how it intends to flexibility analysis for any rule that by provisions of the successor code. (42 respond to technical assistance requests law must be proposed for public U.S.C. 6833(a)(5)(B)) Today’s action related to implementation resources, comment, unless the agency certifies impacts whether States must perform an such as building energy code that the rule, if promulgated, will not evaluation of State building codes. The compliance software. (79 FR 15112) have a significant economic impact on action would not have direct a substantial number of small entities. DOE also recognizes that some States environmental impacts. Accordingly, As required by Executive Order 13272, DOE has not prepared an environmental develop their own codes that are only ‘‘Proper Consideration of Small Entities assessment or an environmental impact loosely related to the national model in Agency Rulemaking’’ (67 FR 53461), statement. codes, and DOE does not typically DOE published procedures and policies Review Under Executive Order 13132, provide technical support for those on February 19, 2003, to ensure that the ‘‘Federalism’’ codes. DOE does not prescribe how each potential impacts of its rules on small State adopts and enforces its energy entities are properly considered during Executive Order 13132 (64 FR 43255) codes. the rulemaking process. (68 FR 7990) imposes certain requirements on agencies formulating and implementing Requests for Extensions DOE has also made its procedures and policies available on the Office of policies or regulations that pre-empt Section 304(c) of ECPA requires that General Counsel Web site.11 State law or that have federalism the Secretary permit an extension of the DOE has reviewed today’s action implications. Agencies are required to deadline for complying with the under the provisions of the Regulatory examine the constitutional and statutory certification requirements described Flexibility Act and the procedures and authority supporting any action that above, if a State can demonstrate that it policies published in February 2003. would limit the policymaking discretion has made a good faith effort to comply Today’s action on the determination of of the States and carefully assess the with such requirements, and that it has improved energy efficiency between necessity for such actions. Congress made significant progress toward IECC editions requires States to found that: (1) Large amounts of fuel and energy meeting its certification obligations. (42 undertake an analysis of their respective building codes. Today’s action does not are consumed unnecessarily each year U.S.C. 6833(c)) Such demonstrations in heating, cooling, ventilating, and could include one or both of the impact small entities. Therefore, DOE has certified that there is no significant providing domestic hot water for newly following: (1) A substantive plan for constructed residential and commercial response to the requirements stated in economic impact on a substantial number of small entities. buildings because such buildings lack Section 304; or (2) a statement that the adequate energy conservation features; State has appropriated or requested Review Under the National (2) Federal voluntary performance funds (within State funding procedures) Environmental Policy Act of 1969 standards for newly constructed to implement a plan that would respond Today’s action is covered under the buildings can prevent such waste of to the requirements of Section 304 of Categorical Exclusion found in DOE’s energy, which the Nation can no longer ECPA. This list is not exhaustive. National Environmental Policy Act afford in view of its current and Requests are to be sent to the address regulations at paragraph A.6 of anticipated energy shortage; provided in the ADDRESSES section, or appendix A to subpart D, 10 CFR part (3) The failure to provide adequate may be submitted to 1021. That Categorical Exclusion energy conservation measures in newly [email protected]. applies to actions that are strictly constructed buildings increases long- term operating costs that may affect 10 Available at http://www.energycodes.gov/ 11 Available at http://energy.gov/gc/office-general- adversely the repayment of, and security adoption/states. counsel. for, loans made, insured, or guaranteed
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by Federal agencies or made by governments, in the aggregate, or to the Energy Effects for any proposed federally insured or regulated private sector, other than to the extent significant energy action. A ‘‘significant instrumentalities; and such actions merely incorporate energy action’’ is defined as any action (4) State and local building codes or requirements specifically set forth in a by an agency that promulgated or is similar controls can provide an existing statute. Section 202 of that title requires expected to lead to promulgation of a means by which to ensure, in a Federal agency to perform an final rule, and that: (1) Is a significant coordination with other building assessment of the anticipated costs and regulatory action under Executive Order requirements and with a minimum of benefits of any rule that includes a 12866, or any successor order; and (2) Federal interference in State and local Federal mandate that may result in costs is likely to have a significant adverse transactions, that newly constructed to State, local, or tribal governments, or effect on the supply, distribution, or use buildings contain adequate energy to the private sector, of $100 million or of energy; or (3) is designated by the conservation features. (42 U.S.C. 6831) more. Section 204 of that title requires Administrator of the OMB OIRA as a Pursuant to Section 304(a) of ECPA, each agency that proposes a rule significant energy action. For any DOE is statutorily required to determine containing a significant Federal proposed significant energy action, the whether the most recent edition of the intergovernmental mandate to develop agency must give a detailed statement of MEC (or its successor) would improve an effective process for obtaining any adverse effects on energy supply, the level of energy efficiency in meaningful and timely input from distribution, or use, should the proposal residential buildings as compared to the elected officers of State, local, and tribal be implemented, and of reasonable previous edition. If DOE makes an governments. alternatives to the action and their affirmative determination, the statute Consistent with previous expected benefits on energy supply, requires each State to certify that it has determinations, DOE has completed its distribution, and use. Today’s action reviewed its residential building code review, and concluded that impacts on would not have a significant adverse regarding energy efficiency and made a state, local, and tribal governments are effect on the supply, distribution, or use determination whether it is appropriate less than the $100 million threshold of energy and is therefore not a to revise its code to meet or exceed the specified in the Unfunded Mandates significant energy action. Accordingly, provisions of the successor code. (42 Act. Accordingly, no further action is DOE has not prepared a Statement of U.S.C. 6833(a)(5)(B)) required under the Unfunded Mandates Energy Effects. Executive Order 13132 requires Reform Act of 1995. meaningful and timely input by State Review Under Executive Order 13175 Review Under the Treasury and General and local officials in the development of Executive Order 13175, ‘‘Consultation Government Appropriations Act of 1999 regulatory policies that have federalism and Coordination with Indian tribal implications unless funds necessary to Section 654 of the Treasury and Governments’’, (65 FR 67249), requires pay the direct costs incurred by the General Government Appropriations DOE to develop an accountable process State and local governments in Act of 1999 (Pub. L. 105–277) requires to ensure ‘‘meaningful and timely input complying with the regulation are Federal agencies to issue a Family by tribal officials in the development of provided by the Federal Government. Policymaking Assessment for any rule regulatory policies that have tribal (62 FR 43257) that may affect family well-being. implications.’’ ‘‘Policies that have tribal DOE has examined today’s action and Today’s action would not have any implications’’ refers to regulations that has determined that it will not pre-empt impact on the autonomy or integrity of have ‘‘substantial direct effects on one State law and will not have a substantial the family as an institution. or more Indian tribes, on the direct effect on the States, on the Accordingly, DOE has concluded that it relationship between the Federal relationship between the national is not necessary to prepare a Family Government and Indian tribes, or on the government and the States, or on the Policymaking Assessment. distribution of power and distribution of power and responsibilities between the Federal responsibilities among the various Review Under the Treasury and General Government Appropriations Act of 2001 Government and Indian tribes.’’ Today’s levels of government. Today’s action action is not a policy that has ‘‘tribal impacts whether States must perform an Section 515 of the Treasury and implications’’ under Executive Order evaluation of State building codes. No General Government Appropriations 13175. DOE has reviewed today’s action further action is required by Executive Act, 2001 (44 U.S.C. 3516) provides for under Executive Order 13175 and has Order 13132. agencies to review most disseminations determined that it is consistent with of information to the public under Review Under Unfunded Mandates applicable policies of that Executive guidelines established by each agency Reform Act of 1995 Order. pursuant to general guidelines issued by The Unfunded Mandates Reform Act OMB. Both OMB and DOE have Issued in Washington, DC, on May 29, of 1995 (Pub. L. 104–4) generally published established relevant 2015. requires Federal agencies to examine guidelines (67 FR 8452 and 67 FR Kathleen B. Hogan, closely the impacts of regulatory actions 62446, respectively). DOE has reviewed Deputy Assistant Secretary for Energy on State, local, and tribal governments. today’s action under the OMB and DOE Efficiency, Energy Efficiency and Renewable Energy. Subsection 101(5) of Title I of that law guidelines, and has concluded that it is defines a Federal intergovernmental consistent with applicable policies in [FR Doc. 2015–14297 Filed 6–10–15; 8:45 am] mandate to include any regulation that those guidelines. BILLING CODE 6450–01–P would impose upon State, local, or tribal governments an enforceable duty, Review Under Executive Order 13211 except a condition of Federal assistance Executive Order 13211, ‘‘Actions DEPARTMENT OF ENERGY or a duty arising from participating in a Concerning Regulations That DOE/NSF Nuclear Science Advisory voluntary Federal program. Title II of Significantly Affect Energy Supply, Committee; Meetings that law requires each Federal agency to Distribution, or Use,’’ (66 FR 28355), assess the effects of Federal regulatory requires Federal agencies to prepare and AGENCY: Office of Science, Department actions on State, local, and tribal submit to the OMB a Statement of of Energy.
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ACTION: Notice of open meeting. statement at least five business days Eastern Transmission, LP, P.O. Box before the meeting. Reasonable 1642, Houston, Texas, 77251–1642. SUMMARY: This notice announces a provision will be made to include the Pursuant to section 157.9 of the meeting of the DOE/NSF Nuclear scheduled oral statements on the Commission’s rules, 18 CFR 157.9, Science Advisory Committee (NSAC). agenda. The Chairperson of the within 90 days of this Notice the The Federal Advisory Committee Act Committee will conduct the meeting to Commission staff will either: Complete (Pub. L. 92–463, 86 Stat. 770) requires facilitate the orderly conduct of its environmental assessment (EA) and that public notice of these meetings be business. Public comment will follow place it into the Commission’s public announced in the Federal Register. the 10-minute rule. record (eLibrary) for this proceeding; or DATES: Thursday, July 16, 2015, 8:30 Minutes: The minutes of the meeting issue a Notice of Schedule for a.m.–5:30 p.m. will be available for review on the U.S. Environmental Review. If a Notice of ADDRESSES: Doubletree by Hilton Department of Energy’s Office of Schedule for Environmental Review is Bethesda—Washington, DC, 8120 Nuclear Physics Web site at http:// issued, it will indicate, among other Wisconsin Avenue, Bethesda, Maryland science.energy.gov/np/nsac/meetings/. milestones, the anticipated date for the Commission staff’s issuance of the final 20814, (301) 652–2000. Issued in Washington, DC, on June 5, 2015. environmental impact statement (FEIS) FOR FURTHER INFORMATION CONTACT: LaTanya Butler, or EA for this proposal. The filing of the Brenda L. May, U.S. Department of Deputy Committee Management Officer. EA in the Commission’s public record Energy; SC–26/Germantown Building, [FR Doc. 2015–14298 Filed 6–10–15; 8:45 am] for this proceeding or the issuance of a 1000 Independence Avenue SW., BILLING CODE 6450–01–P Notice of Schedule for Environmental Washington, DC 20585–1290. Review will serve to notify federal and Telephone: (301) 903–0536 or email: state agencies of the timing for the [email protected]. The most DEPARTMENT OF ENERGY completion of all necessary reviews, and current information concerning this the subsequent need to complete all meeting can be found on the Web site: Federal Energy Regulatory federal authorizations within 90 days of http://science.gov/np/nsac/meetings/. Commission the date of issuance of the Commission SUPPLEMENTARY INFORMATION: [Docket No. CP15–499–000] staff’s FEIS or EA. Purpose of the Board: The purpose of There are two ways to become the Board is to provide advice and Texas Eastern Transmission, LP; involved in the Commission’s review of guidance on a continuing basis to the Notice of Application this project. First, any person wishing to Department of Energy and the National obtain legal status by becoming a party Science Foundation on scientific Take notice that on May 22, 2015, to the proceedings for this project priorities within the field of basic Texas Eastern Transmission, LP (Texas should, on or before the comment date nuclear science research. Eastern), 5400 Westheimer Court, stated below, file with the Federal Tentative Agenda: Agenda will Houston, Texas 77056, filed an Energy Regulatory Commission, 888 include discussions of the following: application pursuant to section 7(c) of First Street NE., Washington, DC 20426, the Natural Gas Act and Part 157 of the a motion to intervene in accordance Thursday, July 16, 2015 Commission’s regulations to construct with the requirements of the • Perspectives from Department of and operate its South Texas Expansion Commission’s Rules of Practice and Energy and National Science Project (STEP). Specifically, Texas Procedure (18 CFR 385.214 or 385.211) Foundation Eastern requests authorization to and the Regulations under the NGA (18 • Update from the Department of construct and operate the 8400 hp CFR 157.10). A person obtaining party Energy and National Science Petronila Compressor Station in Nueces status will be placed on the service list Foundation’s Nuclear Physics Office’s County, Texas, an additional 8,400 hp maintained by the Secretary of the • Report of the Mo-99 Subcommittee compressor unit at its existing Blessing Commission and will receive copies of • Discussion of the Mo-99 Compressor Station in Matagorda all documents filed by the applicant and Subcommittee Report County, Texas, and modifications to its by all other parties. A party must submit • EIC Cost Report existing compressor stations in Brazoria, 7 copies of filings made with the • NSAC Isotope Report Chambers, and Orange Counties, Texas, Commission and must mail a copy to • Status of the Long Range Plan Report to increase firm capacity by 400,000 the applicant and to every other party in Note: The NSAC Meeting will be broadcast dekatherms per day to high demand the proceeding. Only parties to the live on the Internet. You may find out how downstream, all as more fully set forth proceeding can ask for court review of to access this broadcast by going to the in the application which is on file with Commission orders in the proceeding. following site prior to the start of the the Commission and open to public However, a person does not have to meeting. A video record of the meeting inspection. The filing may also be intervene in order to have comments including the presentations that are made viewed on the web at http:// considered. The second way to will be archived at this site after the meeting www.ferc.gov using the ‘‘eLibrary’’ link. participate is by filing with the ends: http://www.tvworldwide.com/events/ Enter the docket number excluding the Secretary of the Commission, as soon as DOE/150716/. last three digits in the docket number possible, an original and two copies of Public Participation: The meeting is field to access the document. For comments in support of or in opposition open to the public. If you would like to assistance, contact FERC at to this project. The Commission will file a written statement with the [email protected] or call consider these comments in Committee, you may do so either before toll-free, (866) 208–3676 or TTY, (202) determining the appropriate action to be or after the meeting. If you would like 502–8659. taken, but the filing of a comment alone to make oral statements regarding any of Any questions regarding this will not serve to make the filer a party these items on the agenda, you should application should be directed to Berk to the proceeding. The Commission’s contact Brenda L. May, (301) 903–0536 Donaldson, General Manager-Rates and rules require that persons filing or [email protected] (email). Certificates, (713) 627–4121, facsimile comments in opposition to the project You must make your request for an oral (713) 627–5947, or by mail at: Texas provide copies of their protests only to
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the party or parties directly involved in California. The sole purpose of a the docket number field to access the the protest. preliminary permit, if issued, is to grant document. For assistance, contact FERC Persons who wish to comment only the permit holder priority to file a Online Support. on the environmental review of this license application during the permit Dated: June 5, 2015. term. A preliminary permit does not project should submit an original and Kimberly D. Bose, two copies of their comments to the authorize the permit holder to perform Secretary. Secretary of the Commission. any land-disturbing activities or Environmental commenter’s will be otherwise enter upon lands or waters [FR Doc. 2015–14275 Filed 6–10–15; 8:45 am] placed on the Commission’s owned by others without the owners’ BILLING CODE 6717–01–P environmental mailing list, will receive express permission. copies of the environmental documents, The proposed project would consist of and will be notified of meetings the following: (1) An intake of an FEDERAL DEPOSIT INSURANCE associated with the Commission’s unspecified design collecting Pine Creek CORPORATION environmental review process. Mine discharge water from its discharge Environmental commenter’s will not be point on Morgan Creek; (2) an 18-inch- Notice to All Interested Parties of the required to serve copies of filed diameter steel penstock of unspecified Termination of the Receivership of documents on all other parties. length with a 450-foot vertical drop: (3) 10461 First East Side Savings Bank, However, the non-party commentary, A powerhouse: (4) a 600-kW impulse Tamarac, Florida will not receive copies of all documents turbine connected to a 625-kVA filed by other parties or issued by the generator; (5) a transmission line; (6) a Notice is hereby given that the Federal Commission (except for the mailing of substation connecting to an existing 56- Deposit Insurance Corporation (‘‘FDIC’’) environmental documents issued by the kV main transmission line, and (7) as Receiver for First East Side Savings Commission) and will not have the right appurtenant facilities. The estimated Bank, Tamarac, Florida (‘‘the Receiver’’) to seek court review of the annual generation of the Tungstar intends to terminate its receivership for Commission’s final order. Redux Project would be 3,600 said institution. The FDIC was The Commission strongly encourages megawatt-hours. appointed receiver of First East Side electronic filings of comments, protests, Applicant Contact: Mr. Doug Hicks, Savings Bank on October 19, 2012. The and interventions via the internet in lieu Twain Resources, LLC, 280 Florenca liquidation of the receivership assets of paper. See 18 CFR 385.2001(a)(1)(iii) Way, Reno, Nevada 89511; phone: (775) has been completed. To the extent and the instructions on the 997–3429. permitted by available funds and in FERC Contact: Joseph Hassell; phone: Commission’s Web site (www.ferc.gov) accordance with law, the Receiver will (202) 502–8079: email joseph.hassell@ under the ‘‘e-Filing’’ link. Persons be making a final dividend payment to ferc.gov. unable to file electronically should proven creditors. Deadline for filing comments, motions Based upon the foregoing, the submit original and 5 copies of the to intervene, competing applications protest or intervention to the Federal Receiver has determined that the (without notices of intent), or notices of continued existence of the receivership Energy Regulatory Commission, 888 intent to file competing applications: 60 First Street NE., Washington, DC 20426. will serve no useful purpose. days from the issuance of this notice. Consequently, notice is given that the Comment Date: 5:00 p.m. Eastern Competing applications and notices of Time on June 26, 2015. receivership shall be terminated, to be intent must meet the requirements of 18 effective no sooner than thirty days after Dated: June 5, 2015. CFR 4.36. the date of this Notice. If any person Kimberly D. Bose, The Commission strongly encourages wishes to comment concerning the Secretary. electronic filing. Please file comments, termination of the receivership, such [FR Doc. 2015–14274 Filed 6–10–15; 8:45 am] motions to intervene, notices of intent, comment must be made in writing and and competing applications using the BILLING CODE 6717–01–P sent within thirty days of the date of Commission’s eFiling system at http:// this Notice to: Federal Deposit www.ferc.gov/docs-filing/efiling.asp. Insurance Corporation, Division of DEPARTMENT OF ENERGY Commenters can submit brief comments Resolutions and Receiverships, up to 6,000 characters, without prior Attention: Receivership Oversight Federal Energy Regulatory registration, using the eComment system Department 34.6, 1601 Bryan Street, Commission at http://www.ferc.gov/docs-filing/ Dallas, TX 75201. ecomment.asp. You must include your [Project No. 14654–000] No comments concerning the name and contact information at the end termination of this receivership will be Twain Resources, LLC; Notice of of your comments. For assistance, considered which are not sent within Preliminary Permit Application please contact FERC Online Support at this time frame. Accepted for Filing and Soliciting [email protected], (866) 208–3676 (toll free), or (202) 502–8659 Dated: June 8, 2015. Comments, Motions To Intervene, and Federal Deposit Insurance Corporation. Competing Applications (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Robert E. Feldman, On December 12, 2014, Twain Energy Regulatory Commission, 888 Executive Secretary. Resources, LLC, filed an application for First Street NE., Washington, DC 20426. [FR Doc. 2015–14279 Filed 6–10–15; 8:45 am] a preliminary permit, pursuant to The first page of any filing should BILLING CODE 6714–01–P section 4(f) of the Federal Power Act include docket number P–14654–000. (FPA), proposing to study the feasibility More information about this project, of the Tungstar Redux Water Power including a copy of the application, can Project (Tungstar Redux Project or be viewed or printed on the ‘‘eLibrary’’ FEDERAL ELECTION COMMISSION project) to be located at Pine Creek Mine link of Commission’s Web site at http:// Sunshine Act Meeting and along Morgan and Pine Creek, near www.ferc.gov/docs-filing/elibrary.asp. the City of Bishop in Inyo County, Enter the docket number (P–14654) in AGENCY: Federal Election Commission
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DATE AND TIME: Tuesday June 16, 2015 Board of Governors of the Federal Reserve comment at the meeting must be At 10:00 a.m. and Thursday, June 18, System, June 8, 2015. received by 5:00 p.m. Eastern Standard 2015 at the Conclusion of the Open Michael J. Lewandowski, Time (EST), Friday, March 6, 2015. Meeting. Associate Secretary of the Board. Written presentations may be provided PLACE: 999 E Street NW., Washington, [FR Doc. 2015–14289 Filed 6–10–15; 8:45 am] to Mr. Dayton at daniel.dayton@ DC. BILLING CODE 6210–01–P worldwar1centennial.org until Friday, STATUS: This meeting will be closed to March 6, 2015. Please contact Mr. the public. Dayton at the email address above to obtain meeting materials. ITEMS TO BE DISCUSSED: GENERAL SERVICES SUPPLEMENTARY INFORMATION: Compliance matters pursuant to 52 ADMINISTRATION U.S.C. 30109. [Notice–WWICC–2015–02; Docket No. 2015– Background Matters concerning participation in 0006; Sequence No. 2] The World War One Centennial civil actions or proceedings or World War One Centennial Commission was established by Public arbitration. Law 112–272, as a commission to Information the premature disclosure Commission; Notification of Upcoming Public Advisory Meeting ensure a suitable observance of the of which would be likely to have a centennial of World War I, to provide considerable adverse effect on the AGENCY: World War One Centennial for the designation of memorials to the implementation of a proposed Commission, GSA. service of members of the United States Commission action. ACTION: Meeting notice. Armed Forces in World War I, and for * * * * * other purposes. Under this authority, PERSON TO CONTACT FOR INFORMATION: SUMMARY: Notice of this meeting is being the Committee will plan, develop, and Judith Ingram, Press Officer, Telephone: provided according to the requirements execute programs, projects, and (202) 694–1220. of the Federal Advisory Committee Act, activities to commemorate the 5 U.S.C. App.10(a)(2). This notice centennial of World War I, encourage Shelley E. Garr, provides the schedule and agenda for private organizations and State and Deputy Secretary of the Commission. the July 15, 2015 meeting of the World local governments to organize and [FR Doc. 2015–14443 Filed 6–9–15; 4:15 pm] War One Centennial Commission (the participate in activities commemorating BILLING CODE 6715–01–P Commission). The meeting is open to the centennial of World War I, facilitate the public. and coordinate activities throughout the DATES: Effective: June 11, 2015. United States relating to the centennial FEDERAL RESERVE SYSTEM Meeting Date and Location: The of World War I, serve as a clearinghouse meeting will be held on Wednesday, for the collection and dissemination of Change in Bank Control Notices; July 15, 2015 starting at 9:00 a.m. information about events and plans for Acquisitions of Shares of a Bank or Central Daylight Time (CDT), and the centennial of World War I, and Bank Holding Company ending no later than 11:30 a.m. Central develop recommendations for Congress The notificants listed below have Daylight Time (CDT). The meeting will and the President for commemorating applied under the Change in Bank be held at the World War I Museum at the centennial of World War I. The Control Act (12 U.S.C. 1817(j)) and Liberty Memorial, 100 W. 26th Street, Commission does not have an § 225.41 of the Board’s Regulation Y (12 Kansas City, MO 64108. This location is appropriation and is operated solely on CFR 225.41) to acquire shares of a bank handicapped accessible. The meeting donated funds. or bank holding company. The factors will be open to the public and will also Contact Daniel S. Dayton at that are considered in acting on the be available telephonically. Persons [email protected] notices are set forth in paragraph 7 of attending in person are requested to to register to comment in person during the Act (12 U.S.C. 1817(j)(7)). refrain from using perfume, cologne, the meeting’s 30 minute public The notices are available for and other fragrances (see http:// comment period. Registered speakers/ immediate inspection at the Federal www.access-board.gov/about/policies/ organizations will be allowed 5 minutes Reserve Bank indicated. The notices fragrance.htm for more information). and will need to provide written copies also will be available for inspection at Persons wishing to listen to the of their presentations. Requests to the offices of the Board of Governors. proceedings may dial 712–432–1001 comment, together with presentations Interested persons may express their and enter access code 474845614. Note for the meeting must be received by 5:00 views in writing to the Reserve Bank that this is not a toll-free number. p.m. Eastern Daylight Time (EDT), indicated for that notice or to the offices FOR FURTHER INFORMATION CONTACT: Friday, July 10, 2015. Please contact Mr. of the Board of Governors. Comments Daniel S. Dayton, Designated Federal Dayton at the email above to obtain must be received not later than June 26, Officer, World War 1 Centennial meeting materials. 2015. Commission, 701 Pennsylvania Avenue Agenda: Wednesday July 15, 2015. A. Federal Reserve Bank of Richmond NW., 123, Washington, DC 20004–2608, Old Business (Adam M. Drimer, Assistant Vice telephone number 202–380–0725 (note: • Approval of minutes of previous President) 701 East Byrd Street, this is not a toll-free number). meetings. Richmond, Virginia 23261–4528: Written comments may be submitted • Public Comment Period. 1. Ralph Ellison Mann, Sinks Grove, to the Commission and will be made • Discussion of recommendations to West Virginia, and Margaret Mann part of the permanent record of the be made to the Congress and the Thiessen, Grainau, Bavaria, Germany, as Commission. Comments must be President. a group acting in concert; to acquire received by 5:00 p.m. Eastern Daylight voting shares of Union Bankshares, Inc., Time (EDT), Friday, July 10, 2015 and New Business and thereby indirectly acquire voting may be provided by email to • American Legion Centennial shares of The Bank of Monroe, both in daniel.dayton@ Briefing. Union, West Virginia. worldwar1centennial.org. Requests to • Staff Report.
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• World War 1 Washington Memorial sponsored health insurance. These total active enrollment in health Report. statistics are produced at the National, insurance, other employee benefits, • Fund Raising Report. State, and sub-State (metropolitan area) demographic characteristics of • Education Report. level for private industry. Statistics are employees, and retiree health insurance. • Set next meeting. also produced for State and Local (3) Plan Questionnaire—The purpose Dated: June 2, 2015. governments. of the mailed Plan Questionnaire is to Daniel S. Dayton, This research has the following goals: collect plan-specific information on (1) Provide data for Federal each plan (up to four) offered by Designated Federal Official, World War I Centennial Commission. policymakers evaluating the effects of establishments that provide health National and State health care reforms. insurance to their employees. This [FR Doc. 2015–14233 Filed 6–10–15; 8:45 am] (2) Provide descriptive data on the questionnaire asks about total BILLING CODE 6820–95–P current employer-sponsored health premiums, employer and employee insurance system and data for modeling contributions to the premium, and plan the differential impacts of proposed enrollment for each type of coverage DEPARTMENT OF HEALTH AND health policy initiatives. offered—single, employee-plus-one, and HUMAN SERVICES (3) Supply critical State and National family—within a plan. It also asks for estimates of health insurance spending information on deductibles, copays, and Agency for Healthcare Research and for the National Health Accounts and other plan characteristics. Quality Gross Domestic Product. (4) 2016—2017 Longitudinal Agency Information Collection (4) Support evaluation of the impact Sample—For 2016 and 2017, an Activities: Proposed Collection; of the Affordable Care Act (ACA) on additional sample of 7,000 employers Comment Request health insurance offered by all will be included in the collection. This employers, and especially by small sample, called the Longitudinal Sample AGENCY: Agency for Healthcare Research employers (due to the implementation (LS), is designed to measure the impact and Quality, HHS. of Small Business Health Options of the ACA on employer sponsored ACTION: Notice. Program (SHOP) exchanges under the health insurance and especially the ACA), through the addition of a impact of the SHOP exchanges on small SUMMARY: This notice announces the longitudinal component to the sample. employers. The 2016 LS will consist of intention of the Agency for Healthcare The MEPS–IC is conducted pursuant 7,000 private-sector employers who Research and Quality (AHRQ) to request to AHRQ’s statutory authority to responded to the 2015 MEPS–IC, and that the Office of Management and conduct surveys to collect data on the the 2017 LS will consist of 7,000 Budget (OMB) reapprove the proposed cost, use and quality of health care, private-sector employers who information collection project: ‘‘Medical including types and costs of private responded to the 2016 MEPS–IC. These Expenditure Panel Survey—Insurance insurance. 42 U.S.C. 299b–2(a). employers will be surveyed again in Component.’’ In accordance with the Method of Collection 2016 and 2017—using the same Paperwork Reduction Act, 44 U.S.C. collection methods as the regular 3501–3521, AHRQ invites the public to To achieve the goals of this project for survey—in order to track changes in comment on this proposed information both private sector and state and local their health insurance offerings, collection. government employers, the following characteristics, and costs. DATES: Comments on this notice must be data collections will be implemented: The primary objective of the MEPS– received by August 10, 2015. (1) Prescreener Questionnaire—The IC is to collect information on employer- ADDRESSES: Written comments should purpose of the Prescreener sponsored health insurance. Such be submitted to: Doris Lefkowitz, Questionnaire, which is collected via information is needed in order to Reports Clearance Officer, AHRQ, by telephone, varies depending on the provide the tools for Federal, State, and email at [email protected]. insurance status of the establishment academic researchers to evaluate current Copies of the proposed collection contacted (establishment is defined as a and proposed health policies and to plans, data collection instruments, and single, physical location in the private support the production of important specific details on the estimated burden sector and a governmental unit in state statistical measures for other Federal can be obtained from the AHRQ Reports and local governments.) For agencies. Clearance Officer. establishments that do not offer health insurance to their employees, the Estimated Annual Respondent Burden FOR FURTHER INFORMATION CONTACT: prescreener is used to collect basic Doris Lefkowitz, AHRQ Reports The estimated annualized respondent information such as number of Clearance Officer, (301) 427–1477, or by burden hours and costs for the regular employees via a phone call. For email at [email protected]. MEPS–IC and the Longitudinal Sample establishments that do offer health are presented separately below. SUPPLEMENTARY INFORMATION: insurance, the prescreener is used to 2016–2017 RegularMEPS–IC Proposed Project collect contact names and address information that is used to mail a Exhibit 1a shows the estimated Medical Expenditure Panel Survey— written establishment and plan annualized burden hours for the Insurance Component questionnaires. Obtaining this contact respondent’s time to participate in the Employer-sponsored health insurance information helps ensure that the MEPS–IC. The Prescreener is the source of coverage for 79.3 million questionnaires are directed to the questionnaire will be completed by current and former workers, plus many person best equipped to complete them. 27,606 respondents and takes about 51⁄2 of their family members, and is a (2) Establishment Questionnaire—The minutes to complete. The Establishment cornerstone of the U.S. health care purpose of the mailed Establishment questionnaire will be completed by system. The Medical Expenditure Panel Questionnaire is to obtain general 23,814 respondents and takes about 23 Survey—Insurance Component (MEPS– information from employers who minutes to complete. The Plan IC) measures on an annual basis the provide health insurance to their questionnaire will be completed by extent, cost, and coverage of employer- employees. This information includes 21,084 respondents and will require an
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average of 2.2 responses per respondent. annualized burden hours are estimated the respondents’ time to participate in Each Plan questionnaire takes about 11 to be 19,883 hours. this data collection. The annualized cost minutes to complete. The total Exhibit 2a shows the estimated burden is estimated to be $615,380. annualized cost burden associated with
EXHIBIT 1a—ESTIMATED ANNUALIZED BURDEN HOURS FOR THE 2016–2017 MEPS–IC
Number of Form name Number of responses per Hours per Total burden respondents respondent response hours
Prescreener Questionnaire ...... 27,606 1 0.09 2,485 Establishment Questionnaire ...... 23,814 1 * 0.38 9,049 Plan Questionnaire ...... 21,084 2 .2 0.18 8,349
Total ...... 72,504 na na 19,883 * The burden estimate printed on the establishment questionnaire is 45 minutes which includes the burden estimate for completing the estab- lishment questionnaire, an average of 2.2 plan questionnaires, plus the prescreener. The establishment and plan questionnaires are sent to the respondent as a package and are completed by the respondent at the same time.
EXHIBIT 2a—ESTIMATED ANNUALIZED COST BURDEN FOR THE 2016–2017 MEPS–IC
Number of Total burden Average Total cost Form name hourly wage respondents hours rate * burden
Prescreener Questionnaire ...... 27,606 2,485 30.95 $76,911 Establishment Questionnaire ...... 23,814 9,049 30.95 280,067 Plan Questionnaire ...... 21,084 8,349 30.95 258,402
Total ...... 72,504 19,883 na 615,380 * Based upon the mean hourly wage for Compensation, Benefits, and Job Analysis Specialists occupation code 13–1141, at http://bls.gov/oes/ current/oes131141.htm (U.S. Department of Labor, Bureau of Labor Statistics.)
2016–2017 Longitudinal Sample minutes to complete. The Establishment minutes to complete. The total questionnaire will be completed by annualized burden hours are estimated Exhibit 1b shows the estimated 4,023 respondents and takes about 23 to be 3,317 hours. annualized burden hours for the minutes to complete. The Plan Exhibit 2b shows the estimated respondent’s time to participate in the questionnaire will be completed by annualized cost burden associated with Longitudinal Sample. The Prescreener 3,487 respondents and will require an the respondents’ time to participate in questionnaire will be completed by average of 2.2 responses per respondent. this data collection. The annualized cost 4,517 respondents and takes about 5 1⁄2 Each Plan questionnaire takes about 11 burden is estimated to be $102,662.
EXHIBIT 1b—ESTIMATED ANNUALIZED BURDEN HOURS FOR THE 2016–2017 LONGITUDINAL SAMPLE (LS)
Number of Form name Number of responses per Hours per Total burden respondents respondent response hours
Prescreener Questionnaire (LS) ...... 4,517 1 0.09 407 Establishment Questionnaire (LS) ...... 4,023 1 * 0.38 1,529 Plan Questionnaire (LS) ...... 3,487 2.2 0.18 1,381
Total ...... 12,027 na na 3,317 * The burden estimate printed on the establishment questionnaire is 45 minutes which includes the burden estimate for completing the estab- lishment questionnaire, an average of 2.2 plan questionnaires, plus the prescreener. The establishment and plan questionnaires are sent to the respondent as a package and are completed by the respondent at the same time.
EXHIBIT 2b—ESTIMATED ANNUALIZED COST BURDEN FOR THE 2016–2017 LONGITUDINAL SAMPLE (LS)
Average Form name Number of Total burden hourly wage Total cost respondents hours rate * burden
Prescreener Questionnaire (LS) ...... 4,517 407 $30.95 $12,597 Establishment Questionnaire (LS) ...... 4,023 1,529 30.95 47,323 Plan Questionnaire (LS) ...... 3,487 1,381 30.95 42,742
Total ...... 12,027 3,317 na 102,662 * Based upon the mean hourly wage for Compensation, Benefits, and Job Analysis Specialists occupation code 13–1141, at http://bls.gov/oes/ current/oes131141.htm (U.S. Department of Labor, Bureau of Labor Statistics.)
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Request for Comments I. Under Chapter KA, Office of the on human trafficking. The Office Assistant Secretary for Children and identifies research priorities for ACF’s In accordance with the Paperwork Families, Make the Following Changes anti-trafficking work, and leads the Reduction Act, comments on AHRQ’s A. Delete KA.00 Mission in its preparation and presentation of related information collection are requested memorandums, reports, briefings, with regard to any of the following: (a) entirety and replace with the following: KA.00 Mission. The Office of the trainings, technical assistance, and Whether the proposed collection of analyses. information is necessary for the proper Assistant Secretary for Children and performance of AHRQ health care Families (OAS) provides executive II. Under Chapter KR, Office of Office research and information dissemination direction, leadership, and guidance for of Refugee Resettlement, Make the functions, including whether the all ACF programs. OAS provides Following Changes national leadership to develop and information will have practical utility; A. Under Chapter KR, Office of (b) the accuracy of AHRQ’s estimate of coordinate public and private initiatives for carrying out programs that promote Refugee Resettlement, delete KR.00 burden (including hours and costs) of Mission in its entirety and replace with the proposed collection(s) of permanency placement planning, family stability, and self-sufficiency. OAS the following: information; (c) ways to enhance the KR.00 Mission. The Office of quality, utility, and clarity of the advises the Secretary on issues affecting America’s children and families, Refugee Resettlement (ORR) advises the information to be collected; and (d) Secretary, through the Assistant ways to minimize the burden of the including Native Americans, refugees, legalized aliens, and victims of human Secretary for Children and Families, on collection of information on matters relating to refugee resettlement, respondents, including the use of trafficking. OAS provides leadership on human service issues and conducts immigration, victims of torture, automated collection techniques or unaccompanied alien children, and the other forms of information technology. emergency preparedness and response operations during a nationally declared repatriation of U.S. citizens. The Office Comments submitted in response to emergency. plans, develops, and directs this notice will be summarized and B. Delete KA.10 Organization in its implementation of a comprehensive included in the Agency’s subsequent entirety and replace with the following: program for domestic refugee and request for OMB approval of the KA.10 Organization. The Office of entrant resettlement assistance to proposed information collection. All the Assistant Secretary for Children and include cash assistance, medical comments will become a matter of Families is headed by the Assistant assistance, and associated social public record. Secretary for Children and Families who services in support of early self- Dated: June 3, 2015. reports directly to the Secretary and sufficiency. It develops, recommends, Sharon B. Arnold, consists of: and issues program policies, procedures, and interpretations to Deputy Director. Office of the Assistant Secretary for Children and Families (KA) provide program direction. The Office [FR Doc. 2015–14197 Filed 6–10–15; 8:45 am] monitors and evaluates the BILLING CODE 4160–90–P Executive Secretariat Office (KAF) Office of Human Services Emergency performances of States and other public Preparedness and Response (KAG) and private agencies in administering these programs and supports actions to DEPARTMENT OF HEALTH AND Office of the Deputy Assistant Secretary improve them. It provides leadership HUMAN SERVICES and Inter-Departmental Liaison for Early Childhood Development (KAH) and direction in the development and Administration for Children and Office on Trafficking in Persons (KAI) coordination of national public and Families C. Establish KA.20 Functions, private programs that provide assistance Paragraph E, The Office on Trafficking to refugees, asylees, Cuban and Haitian Statement of Organization, Functions, in Persons: entrants, and certain Amerasians and and Delegations of Authority E. The Office on Trafficking in victims of severe forms of trafficking in Persons (KAI): The Office on Trafficking persons. The Office is also responsible AGENCY: Administration for Children in Persons (OTIP) is responsible for the for the care and custody of and Families, HHS. overall leadership of anti-trafficking unaccompanied alien children, the ACTION: Notice. programs and services under the provision of specific consent in Special purview of ACF, including, but not Immigrant Juvenile status cases, and the SUMMARY: This notice amends Part K of limited to, implementing provisions of policies, procedures, and interpretations the Statement of Organization, the Trafficking Victims Protection Act needed in these program areas. Functions, and Delegations of Authority (TVPA). OTIP is led by a Director, with B. Under Chapter KR, ORR, delete of the Department of Health and Human the required knowledge and expertise in KR.10 Organization, in its entirety and Services (DHHS), Administration for advising the Assistant Secretary, ACF, replace with the following: Children and Families (ACF), as in the development of anti-trafficking KR.10 Organization. ORR is headed follows: Office of the Assistant Secretary strategies, policies, and programs to by a Director, who reports to the for Children and Families, as last prevent human trafficking, build health Assistant Secretary for Children and amended by77 FR 61002, September 21, and human service capacity to respond Families. The Office is organized as 2012, and Office of Refugee to human trafficking, increase victim follows: Resettlement, as last amended by 80 FR identification and access to services, Office of the Director (KRA) 3614, January 23, 2015. This notice adds and strengthen the long-term health and Division of Policy (KRA1) a new office, the Office on Trafficking well-being outcomes of survivors of Division of Refugee Assistance (KRE) in Persons to the Office of the Assistant human trafficking. The Office certifies Division of Refugee Services (KRF) Secretary for Children and Families and or provides letters of eligibility, as Division of Children’s Services (KRH) transfers the functions of the Division of appropriate, to victims of severe forms Division of Refugee Health (KRJ) Anti-Trafficking in Persons to this of trafficking, in accordance with the C. Under Chapter KR, ORR, delete office. The changes are as follows: TVPA and promotes public awareness KR.20 Functions, Paragraph E in its
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entirety and renumber the current that apply jointly with 501(c)(3) non- FOR FURTHER INFORMATION CONTACT: FDA paragraph F as paragraph E. profit organizations are eligible for AFI PRA Staff, Office of Operations, Food FOR FURTHER INFORMATION CONTACT: grants. For more information on the AFI and Drug Administration, 8455 Katherine Chon, Director, Office on program, go to http://www.acf.hhs.gov/ Colesville Rd., COLE–14526, Silver Trafficking in Persons, Administration programs/ocs/resource/assets-for- Spring, MD 20993–0002, PRAStaff@ for Children and Families, 901 D Street independence-program-summary. fda.hhs.gov. OCS is proposing to create an AFI SW., Washington, DC 20447; (202) 401– SUPPLEMENTARY INFORMATION: On April 9372. program specific PPR to replace two current AFI reports: The Semiannual 14, 2015, the Agency submitted a This reorganization will be effective on Standard Form Performance Progress proposed collection of information June 10, 2015. Report (SF–PPR) and the annual data entitled ‘‘Survey of Health Care Mark H. Greenberg, report. The AFI PPR would collect data Practitioners for Device Labeling Format Acting Assistant Secretary for Children and on project activities and attributes and Content’’ to OMB for review and Families. similar to the reports that it is replacing. clearance under 44 U.S.C. 3507. An [FR Doc. 2015–14313 Filed 6–10–15; 8:45 am] OCS plans to use the data collected in Agency may not conduct or sponsor, BILLING CODE 4184–01–P the AFI PPR to prepare the annual AFI and a person is not required to respond Report to Congress, to evaluate and to, a collection of information unless it monitor the performance of the AFI displays a currently valid OMB control DEPARTMENT OF HEALTH AND program overall and of individual number. OMB has now approved the HUMAN SERVICES projects, and to inform and support information collection and has assigned technical assistance efforts. The AFI Act OMB control number 0910–0790. The Administration for Children and (Title IV of the Community approval expires on May 31, 2018. A Families Opportunities, Accountability, and copy of the supporting statement for this Training and Educational Services Act information collection is available on Office of Community Services; Notice the Internet at http://www.reginfo.gov/ of Meeting of 1998, Public Law 105–285, [42 U.S.C. 604 note]) requires that organizations public/do/PRAMain. AGENCY: Administration for Children operating AFI projects submit annual Dated: June 5, 2015. and Families, Department of Health and progress reports, and the AFI PPR Leslie Kux, Human Services. would fulfill this requirement. Associate Commissioner for Policy. OCS has proposed that the AFI PPR ACTION: Notice of Tribal Consultation. [FR Doc. 2015–14290 Filed 6–10–15; 8:45 am] would be submitted quarterly: Three BILLING CODE 4164–01–P SUMMARY: The Department of Health and times per year using an abbreviated Human Services, Administration for short form and one time using a long Children and Families, Office of form. Both draft data collection DEPARTMENT OF HEALTH AND Community Services (OCS) will host a instruments are available for review at HUMAN SERVICES virtual Tribal Consultation to consult on http://idaresources.acf.hhs.gov/AFIPPR, the Assets for Independence (AFI) along with additional details about this Food and Drug Administration program proposed Performance Progress proposal. [Docket No. FDA–2014–N–1414] Report (PPR). Dated: June 8, 2015. DATES: July 6, 2015. Jeannie L. Chaffin, Agency Information Collection ADDRESSES: Consultation will be via Director, Office of Community Services. Activities; Announcement of Office of webinar/teleconference. [FR Doc. 2015–14312 Filed 6–10–15; 8:45 am] Management and Budget Approval; FOR FURTHER INFORMATION CONTACT: BILLING CODE 4184–26–P Class II Special Controls Guidance Gretchen Lehman, Program Manager, Document: Labeling for Natural Assets for Independence, Office of Rubber Latex Condoms Community Services, email DEPARTMENT OF HEALTH AND [email protected] or phone HUMAN SERVICES AGENCY: Food and Drug Administration, (202) 401–6614. To register for the HHS. consultation, go to https:// Food and Drug Administration ACTION: Notice. www.surveymonkey.com/s/GLXK9W6. If [Docket No. FDA–2014–N–1219] SUMMARY: you do not have access to the internet, The Food and Drug you can register to participate in the Agency Information Collection Administration (FDA) is announcing consultation by phone by calling (866) Activities; Announcement of Office of that a collection of information entitled 778–6037. If you are not able to Management and Budget Approval; ‘‘Class II Special Controls Guidance participate in this consultation, but Survey of Health Care Practitioners for Document: Labeling for Natural Rubber want to submit testimony on this issue, Device Labeling Format and Content Latex Condoms’’ has been approved by please mail it to the following address the Office of Management and Budget AGENCY: Food and Drug Administration, (OMB) under the Paperwork Reduction no later than July 10, 2015: Jeannie L. HHS. Chaffin, Office of Community Services, Act of 1995. ACTION: Notice. 370 L’Enfant Promenade SW., FOR FURTHER INFORMATION CONTACT: FDA Washington, DC 20447. SUMMARY: The Food and Drug PRA Staff, Office of Operations, Food SUPPLEMENTARY INFORMATION: AFI is a Administration (FDA) is announcing and Drug Administration, 8455 competitive, discretionary grant that a collection of information entitled Colesville Rd., COLE–14526, Silver program that enables eligible ‘‘Survey of Health Care Practitioners for Spring, MD 20993–0002, PRAStaff@ organizations to implement and Device Labeling Format and Content’’ fda.hhs.gov. demonstrate an assets-based approach has been approved by the Office of SUPPLEMENTARY INFORMATION: On for supporting low-income individuals Management and Budget (OMB) under January 30, 2015, the Agency submitted and their families. Tribal governments the Paperwork Reduction Act of 1995. a proposed collection of information
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entitled ‘‘Class II Special Controls and Drug Administration, 10903 New Differences in trial design are Guidance Document: Labeling for Hampshire Ave., Bldg. 71, Rm. 3128, necessitated by the distinctive features Natural Rubber Latex Condoms’’ to Silver Spring, MD 20993–0002. Send of these products, and also may reflect OMB for review and clearance under 44 one self-addressed adhesive label to previous clinical experience. The U.S.C. 3507. An Agency may not assist the office in processing your guidance document describes features of conduct or sponsor, and a person is not requests. The guidance may also be CGT products that influence clinical required to respond to, a collection of obtained by mail by calling CBER at 1– trial design, including product information unless it displays a 800–835–4709 or 240–402–7800. See characteristics, manufacturing currently valid OMB control number. the SUPPLEMENTARY INFORMATION section considerations, and preclinical OMB has now approved the information for electronic access to the guidance considerations, and suggests other collection and has assigned OMB document. documents for additional information. control number 0910–0633. The Submit electronic comments on the Consequently, the guidance document approval expires on May 31, 2018. A guidance to http://www.regulations.gov. provides recommendations with respect copy of the supporting statement for this Submit written comments to the to these products as to clinical trial information collection is available on Division of Dockets Management (HFA– design, including early phase trial the Internet at http://www.reginfo.gov/ 305), Food and Drug Administration, objectives, choosing a study population, public/do/PRAMain. 5630 Fishers Lane, rm. 1061, Rockville, using a control group and blinding, dose selection, treatment plans, monitoring, Dated: June 5, 2015. MD 20852. FOR FURTHER INFORMATION CONTACT: and follow-up. Finally, the guidance Leslie Kux, encourages prospective sponsors to Associate Commissioner for Policy. Valerie Butler, Center for Biologics Evaluation and Research, Food and meet with FDA review staff regarding [FR Doc. 2015–14285 Filed 6–10–15; 8:45 am] Drug Administration, 10903 New their investigational new drug BILLING CODE 4164–01–P Hampshire Ave., Bldg. 71, Rm. 7301, application (IND) submission and offers Silver Spring, MD 20993–0002, 240– references for additional guidance on 402–7911. submitting an IND. DEPARTMENT OF HEALTH AND In the Federal Register of July 2, 2013 HUMAN SERVICES SUPPLEMENTARY INFORMATION: (78 FR 39736), FDA announced the I. Background availability of the draft guidance of the Food and Drug Administration same title dated July 2013. FDA FDA is announcing the availability of [Docket No. FDA–2013–D–0576] requested that comments on the a document entitled ‘‘Considerations for guidance be submitted by November 22, Considerations for the Design of Early- the Design of Early-Phase Clinical Trials 2013. In the Federal Register of Phase Clinical Trials of Cellular and of Cellular and Gene Therapy Products; November 20, 2013 (78 FR 69690), FDA Gene Therapy Products; Guidance for Guidance for Industry.’’ The guidance extended the comment period for the Industry; Availability document is to assist sponsors and draft guidance to May 9, 2014, to investigators in designing early-phase provide interested persons additional AGENCY: Food and Drug Administration, clinical trials for CGT products. The time to submit comments and to allow HHS. document provides recommendations for public discussion of the draft ACTION: Notice. regarding clinical trials in which the guidance document at the Cellular, primary objectives are the initial Tissue, and Gene Therapies Advisory SUMMARY: The Food and Drug assessments of safety, tolerability, or Administration (FDA or Agency) is Committee meeting, which was feasibility of administration of ultimately held on February 25–26, announcing the availability of a investigational products. The scope of document entitled ‘‘Considerations for 2014 (78 FR 79699, December 31, 2013). the guidance is limited to products for FDA received a number of comments the Design of Early-Phase Clinical Trials which the Office of Cellular, Tissue, and of Cellular and Gene Therapy Products; on the draft guidance and these Gene Therapies/Center for Biologics comments were considered as the Guidance for Industry.’’ The guidance Evaluation and Research/FDA has document is to assist sponsors and guidance was finalized. In addition, regulatory authority. CGT products editorial changes were made to improve investigators in designing early-phase within the scope of the guidance meet clinical trials for cellular therapy (CT) clarity. The guidance announced in this the definition of ‘‘biological product’’ in notice finalizes the draft guidance of the and gene therapy (GT) products section 351(i) of the Public Health (referred to collectively as CGT same title dated July 2013. Service (PHS) Act (42 U.S.C. 262(i)) and The guidance is being issued products). The guidance document include CT and GT products that are consistent with FDA’s good guidance provides recommendations regarding used as therapeutic vaccines. The practices regulation (21 CFR 10.115). clinical trials in which the primary guidance does not apply to those human The guidance represents FDA’s current objectives are the initial assessments of cells, tissues, and cellular- and tissue- thinking on considerations for the safety, tolerability, or feasibility of based products (HCT/Ps) regulated design of early-phase clinical trials of administration of investigational solely under section 361 of the PHS Act cellular and gene therapy products. It products. The guidance announced in (42 U.S.C. 264), or to products regulated does not create or confer any rights for this notice finalizes the draft guidance as medical devices under the Federal or on any person and does not operate of the same title dated July 2013. Food, Drug, and Cosmetic Act, or to the to bind FDA or the public. An DATES: Submit either electronic or therapeutic biological products for alternative approach may be used if written comments on Agency guidances which the Center for Drug Evaluation such approach satisfies the at any time. and Research has regulatory requirements of the applicable statutes ADDRESSES: Submit written requests for responsibility. and regulations. single copies of the guidance to the The design of early-phase clinical Office of Communication, Outreach, and trials of CGT products often differs from II. Paperwork Reduction Act of 1995 Development, Center for Biologics the design of clinical trials for other This guidance refers to previously Evaluation and Research (CBER), Food types of pharmaceutical products. approved collections of information
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found in FDA regulations. These DEPARTMENT OF HEALTH AND Authority: Section 330 of the Public Health collections of information are subject to HUMAN SERVICES Service Act, as amended (42 U.S.C. 254b, as review by the Office of Management and amended). Budget (OMB) under the Paperwork Health Resources and Services Administration Justification: Targeting the nation’s Reduction Act of 1995 (44 U.S.C. 3501– neediest populations and geographic 3520). The collections of information in Health Center Program areas, the Health Center Program 21 CFR part 312 have been approved currently funds nearly 1,300 health under OMB control number 0910–0014. AGENCY: Health Resources and Services centers that operate approximately Administration, HHS. III. Comments 9,000 service delivery sites in every ACTION: Notice of class deviation from state, the District of Columbia, Puerto Interested persons may submit either competition requirements for the Health Rico, the Virgin Islands, and the Pacific electronic comments regarding this Center Program. Basin. In 2013, more than 21 million patients, including medically document to http://www.regulations.gov SUMMARY: In accordance with the or written comments to the Division of Awarding Agency Grants underserved and uninsured patients, Dockets Management (see ADDRESSES). It Administration Manual (AAGAM) received comprehensive, culturally is only necessary to send one set of Chapter 2.04.103, the Bureau of Primary competent, quality primary health care comments. Identify comments with the Health Care (BPHC) has been granted a services through the Health Center docket number found in brackets in the class deviation from the exceptions to Program awardees. Due to the vast size heading of this document. Received maximum competition requirements of the Health Center Program, the active grants are distributed across eight comments may be seen in the Division contained in the AAGAM Chapter budget periods that begin on the first of of Dockets Management between 9 a.m. 2.04.104A–5 to provide additional the month, November through June. and 4 p.m., Monday through Friday, and funding without competition to the 115 will be posted to the docket at http:// Health Center Program awardees whose BPHC uses the information awardees www.regulations.gov. budget period ends October 31, 2015, report annually via the Uniform Data for up to 4 months. The extension System (UDS) to objectively determine IV. Electronic Access allows BPHC to eliminate the November the patient and service area 1 budget period start date by requirements that new and continuing Persons with access to the Internet redistributing these grants to established applications must address. The may obtain the guidance at either starting dates later in the fiscal year, requirements are available for applicant http://www.fda.gov/ thereby allowing awardees comparable use in June. The deviation allows BPHC BiologicsBloodVaccines/ opportunity to prepare and submit to redistribute the awardees with GuidanceCompliance applications while allowing BPHC to November 1 start dates to budget period RegulatoryInformation/Guidances/ remain compliant with internal process start dates later in the fiscal year, thus default.htm or http:// timelines. allowing these awardees comparable www.regulations.gov. SUPPLEMENTARY INFORMATION: opportunity to prepare and submit Dated: June 5, 2015. Intended Recipient of the Award: applications while allowing BPHC to Health Center Program awardees with a remain compliant with internal process Leslie Kux, project period end date of October 31, timelines. By September 15, 2015, Associate Commissioner for Policy. 2015. $44,481,501 will be awarded to these [FR Doc. 2015–14261 Filed 6–10–15; 8:45 am] Amount of Non-Competitive Awards: 115 awardees to continue approved BILLING CODE 4164–01–P $44,481,501. activities for up to 4 months. Awardees Period of Supplemental Funding: will report progress and financial November 1, 2015, to a maximum of obligations made during their budget February 28, 2016. period extension through routine CFDA Number: 93.224. reports.
TABLE 1—RECIPIENT AWARDEES
New budget Grant No. Name State period start Award amount
H80CS00001 ...... CITY OF SPRINGFIELD ...... MA February ...... $333,353 H80CS00002 ...... CITY OF MANCHESTER ...... NH March ...... 224,147 H80CS00003 ...... COMMUNITY HEALTHLINK, INC ...... MA March ...... 316,608 H80CS00006 ...... BOSTON HEALTH CARE FOR THE HOMELESS PRO- MA January ...... 505,654 GRAM, INC., THE. H80CS00007 ...... CARE FOR THE HOMELESS ...... NY January ...... 734,361 H80CS00008 ...... MUNICIPALITY OF SAN JUAN ...... PR March ...... 226,508 H80CS00009 ...... CITY OF NEWARK, NEW JERSEY, INC ...... NJ January ...... 411,022 H80CS00011 ...... MONTEFIORE MEDICAL CENTER ...... NY January ...... 401,335 H80CS00013 ...... UNDER 21, INC ...... NY March ...... 209,692 H80CS00016 ...... PUBLIC HEALTH MANAGEMENT CORPORATION ...... PA January ...... 710,886 H80CS00017 ...... HEALTH CARE FOR THE HOMELESS, INC ...... MD January ...... 606,970 H80CS00018 ...... DAILY PLANET, INC ...... VA February ...... 490,501 H80CS00019 ...... NORTH BROWARD HOSPITAL DISTRICT ...... FL February ...... 437,971 H80CS00020 ...... BIRMINGHAM HEALTH CARE, INC ...... AL January ...... 713,355 H80CS00022 ...... SAINT JOSEPHS MERCY CARE SVCS ...... GA January ...... 614,459 H80CS00023 ...... COUNTY OF HAMILTON ...... TN March ...... 364,024 H80CS00024 ...... COUNTY OF PINELLAS ...... FL March ...... 193,752 H80CS00026 ...... CAMILLUS HEALTH CONCERN, INC ...... FL January ...... 515,685
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TABLE 1—RECIPIENT AWARDEES—Continued
New budget Grant No. Name State period start Award amount
H80CS00027 ...... GOOD SAMARITAN HOSPITAL ...... OH February ...... 276,112 H80CS00028 ...... HENNEPIN COUNTY ...... MN February ...... 354,321 H80CS00029 ...... CARE ALLIANCE ...... OH January ...... 468,025 H80CS00030 ...... COUNTY OF INGHAM ...... MI February ...... 304,746 H80CS00031 ...... TRINITY HEALTH CORPORATION ...... MI March ...... 274,685 H80CS00033 ...... DETROIT HEALTH CARE FOR THE HOMELESS ...... MI January ...... 475,273 H80CS00034 ...... OUTREACH COMMUNITY HEALTH CENTERS, INC ..... WI February ...... 481,078 H80CS00035 ...... NEW COMMUNITY CLINIC, INC., LTD ...... WI February ...... 332,949 H80CS00036 ...... ALBUQUERQUE HEALTH CARE FOR THE HOME- NM January ...... 350,108 LESS, INC. H80CS00037 ...... CITY OF NEW ORLEANS ...... LA February ...... 451,993 H80CS00038 ...... HARRIS COUNTY HOSPITAL DISTRICT ...... TX January ...... 542,606 H80CS00039 ...... DALLAS COUNTY HOSPITAL DISTRICT ...... TX January ...... 406,306 H80CS00040 ...... COLORADO COALITION FOR THE HOMELESS, THE CO January ...... 1,141,583 H80CS00042 ...... COMMUNITY ACTION OF LARAMIE COUNTY, INC ..... WY March ...... 149,726 H80CS00043 ...... WASATCH HOMELESS HEALTH CARE, INC ...... UT February ...... 462,646 H80CS00044 ...... COUNTY OF MARICOPA ...... AZ January ...... 459,405 H80CS00045 ...... COUNTY OF SACRAMENTO ...... CA March ...... 346,132 H80CS00046 ...... COUNTY OF SANTA BARBARA ...... CA March ...... 345,341 H80CS00047 ...... COUNTY OF ALAMEDA ...... CA January ...... 486,082 H80CS00048 ...... COUNTY OF SANTA CRUZ ...... CA February ...... 404,475 H80CS00049 ...... SAN FRANCISCO COMMUNITY CLINIC CONSORTIUM CA January ...... 860,109 H80CS00050 ...... COUNTY OF CONTRA COSTA ...... CA February ...... 460,558 H80CS00051 ...... COUNTY OF SAN MATEO ...... CA February ...... 461,544 H80CS00052 ...... CHILDREN’S HOSPITAL & RESEARCH CENTER AT CA February ...... 369,872 OAKLAND. H80CS00053 ...... WAIKIKI HEALTH CENTER ...... HI February ...... 278,223 H80CS00054 ...... METROPOLITAN DEVELOPMENT COUNCIL, THE ...... WA March ...... 348,334 H80CS00055 ...... WHITE BIRD CLINIC ...... OR March ...... 187,567 H80CS00056 ...... COUNTY OF KING ...... WA January ...... 537,592 H80CS00239 ...... FAMILIES FIRST OF THE GREATER SEA COAST, INC NH March ...... 172,837 H80CS00240 ...... HEALTHCARE CENTER FOR HOMELESS, INC ...... FL January ...... 381,103 H80CS00243 ...... OUTSIDE IN ...... OR January ...... 396,812 H80CS00247 ...... COUNTY OF VENTURA ...... CA March ...... 261,600 H80CS00268 ...... FLOATING HOSPITAL, INC., THE ...... NY January ...... 470,166 H80CS00271 ...... DUFFY HEALTH CENTER, INC ...... MA March ...... 366,149 H80CS00300 ...... HEALTH CARE FOR THE HOMELESS HOUSTON ...... TX March ...... 323,507 H80CS00305 ...... I.M. SULZBACHER CENTER FOR THE HOMELESS ..... FL January ...... 362,224 H80CS00306 ...... PROJECT RENEWAL, INC ...... NY January ...... 388,882 H80CS00308 ...... NORTHWEST COMMUNITY HEALTH CARE ...... RI February ...... 352,019 H80CS00309 ...... CHEROKEE HEALTH SYSTEMS ...... TN January ...... 934,368 H80CS00319 ...... COMMUNITY HEALTH ASSOCIATION OF SPOKANE .. WA January ...... 791,398 H80CS00370 ...... SOUTHEAST COMMUNITY HEALTH SYSTEMS ...... LA January ...... 537,890 H80CS00836 ...... SOUTH CENTRAL PRIMARY CARE CENTER ...... GA March ...... 251,790 H80CS00841 ...... COMMUNITY HEALTH CENTER OF SOUTHEAST KS January ...... 499,042 KANSAS, INC. H80CS00842 ...... COUNTY OF YAVAPAI ...... AZ February ...... 275,746 H80CS00843 ...... RITCHIE COUNTY PRIMARY CARE ASSOC., INC ...... WV March ...... 281,738 H80CS00844 ...... CLINICA MSR OSCAR A ROMERO ...... CA January ...... 422,661 H80CS00845 ...... ST. GEORGE MEDICAL CLINIC, INC ...... WV March ...... 207,904 H80CS00846 ...... FLORIDA DEPARTMENT OF HEALTH ...... FL March ...... 290,713 H80CS00847 ...... NORTHLAND HEALTH PARTNERS COMMUNITY ...... ND February ...... 380,094 H80CS00848 ...... NORTHEASTERN OKLAHOMA COMMUNITY HEALTH OK January ...... 369,969 CENTERS, INC. H80CS01130 ...... NORTON SOUND HEALTH CORPORATION ...... AK January ...... 382,757 H80CS02323 ...... COMMUNITY ACTION CORPORATION OF SOUTH TX January ...... 344,237 TEXAS. H80CS02325 ...... INDIAN HEALTH CENTER OF SANTA CLARA VALLEY CA March ...... 349,324 H80CS02326 ...... TRI–CITY HEALTH CENTER ...... CA February ...... 475,195 H80CS02327 ...... ASIAN HUMAN SERVICES FAMILY HEALTH CENTER IL February ...... 416,022 H80CS02329 ...... EAST BAY COMMUNITY ACTION PROGRAM ...... RI February ...... 306,700 H80CS02330 ...... COUNTY OF NATRONA ...... WY March ...... 208,495 H80CS02331 ...... DIRNE HEALTH CENTERS, INC ...... ID January ...... 360,421 H80CS02445 ...... JOHNSON HEALTH CENTER ...... VA January ...... 383,590 H80CS02446 ...... ALEXANDRIA NEIGHBORHOOD HEALTH SERVICE, VA January ...... 417,043 INC. H80CS02448 ...... SEBASTICOOK FAMILY DOCTORS ...... ME February ...... 323,260 H80CS02449 ...... MOLOKAI OHANA HEALTH CARE, INC ...... HI March ...... 298,937 H80CS02450 ...... HEALTH ACCESS NETWORK, INC ...... ME January ...... 349,836 H80CS02451 ...... LONE STAR COMMUNITY HEALTH CENTER, INC ...... TX February ...... 420,764 H80CS02452 ...... EL CENTRO DEL CORAZON ...... TX February ...... 422,756
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TABLE 1—RECIPIENT AWARDEES—Continued
New budget Grant No. Name State period start Award amount
H80CS02454 ...... FAMILY HEALTH CENTER OF SOUTHERN OKLA- OK February ...... 392,320 HOMA. H80CS02456 ...... WINDROSE HEALTH NETWORK, INC ...... IN March ...... 355,898 H80CS02457 ...... HEARTLAND COMMUNITY HEALTH CLINIC ...... IL February ...... 428,244 H80CS02458 ...... NORTHSHORE HEALTH CENTERS, INC ...... IN January ...... 428,229 H80CS02520 ...... NORTHEAST FLORIDA ...... FL March ...... 336,515 H80CS07772 ...... KENTUCKY MOUNTAIN HEALTH ALLIANCE, INC ...... KY March ...... 298,382 H80CS07897 ...... HEART OF OHIO FAMILY HEALTH CENTERS ...... OH February ...... 343,299 H80CS08730 ...... WESTSIDE FAMILY HEALTH CENTER ...... CA February ...... 283,751 H80CS08735 ...... CHINATOWN SERVICE CENTER ...... CA March ...... 320,601 H80CS08737 ...... ROANOKE CHOWAN COMMUNITY HEALTH CENTER, NC March ...... 350,060 INC. H80CS08738 ...... COVENANT COMMUNITY CARE, INC ...... MI January ...... 394,653 H80CS08739 ...... AVENAL COMMUNITY HEALTH CENTER ...... CA January ...... 400,628 H80CS08753 ...... BUTLER COUNTY COMMUNITY HEALTH CONSOR- OH March ...... 345,654 TIUM, INC. H80CS08760 ...... WAYNE MEMORIAL COMMUNITY HEALTH CENTERS PA March ...... 320,196 H80CS08764 ...... MOREHOUSE COMMUNITY MEDICAL CENTERS, INC LA February ...... 390,961 H80CS08765 ...... CRESCENT COMMUNITY HEALTH CENTER ...... IA March ...... 319,712 H80CS08766 ...... WEST CECIL HEALTH CENTER, INC ...... MD March ...... 216,646 H80CS08767 ...... UNIVERSITY COMMUNITY HEALTH SERVICES, INC .. TN March ...... 356,163 H80CS08769 ...... PINES HEALTH SERVICES ...... ME March ...... 351,074 H80CS08770 ...... HEALTH CENTER OF SOUTHEAST TEXAS ...... TX March ...... 333,315 H80CS08771 ...... WATERFALL CLINIC, INC ...... OR March ...... 317,585 H80CS08773 ...... INTERFAITH COMMUNITY HEALTH CENTER ...... WA March ...... 341,584 H80CS08775 ...... LANA’I COMMUNITY HEALTH CENTER ...... HI March ...... 208,807 H80CS09032 ...... PROJECT HOPE ...... NJ March ...... 258,740 H80CS11274 ...... UNITY HOSPITAL OF ROCHESTER, THE ...... NY March ...... 316,732 H80CS26510 ...... SOUTHWEST COLORADO MENTAL HEALTH CEN- CO March ...... 233,306 TER, INC. H80CS26511 ...... UPPER GREAT LAKES FAMILY HEALTH CENTER ...... MI February ...... 443,580 H80CS26512 ...... PREFERRED FAMILY HEALTHCARE, INC ...... MO March ...... 233,306 H80CS26513 ...... FIRSTMED HEALTH AND WELLNESS CENTER ...... NV March ...... 237,906 H80CS26514 ...... TRIAD ADULT AND PEDIATRIC MEDICINE, INC ...... NC March ...... 247,777 H80CS26515 ...... PAIUTE INDIAN TRIBE OF UTAH, THE ...... UT March ...... 233,306 H80CS26516 ...... FREE CLINIC OF THE NEW RIVER VALLEY, INC ...... VA March ...... 236,948
FOR FURTHER INFORMATION CONTACT: SUMMARY: In accordance with the CFDA Number: 93.527. Olivia Shockey, Expansion Division Awarding Agency Grants Director, Office of Policy and Program Administration Manual (AAGAM) Authority: Section 330 of the Public Health Development, Bureau of Primary Health Chapter 2.04.103, the Bureau of Primary Service Act, as amended (42 U.S.C. 254b, as Care, Health Resources and Services Health Care (BPHC) has been granted a amended). Administration at 301–443–9282 or at class deviation from the exceptions to Justification: Health Center Controlled [email protected]. maximum competition requirements Networks enhance the use of health contained in the AAGAM Chapter information technology (HIT) to Dated: June 5, 2015. 2.04.104A–5 to provide additional improve the quality of care provided by James Macrae, funding without competition to the 37 Health Center Program awardees and Acting Administrator. Health Center Controlled Networks look-alikes, collectively referred to as [FR Doc. 2015–14236 Filed 6–10–15; 8:45 am] (HCCNs) awarded under announcement health centers. HCCNs bring health BILLING CODE 4165–15–P HRSA–13–237, extending their centers together to jointly address December 1, 2014, to November 31, operational and clinical challenges, 2015, budget period through July 31, particularly the acquisition and DEPARTMENT OF HEALTH AND 2016. This action will align the project implementation of HIT in a cost- HUMAN SERVICES period end dates of all active HCCN efficient manner. They help fulfill the grants and ensure maximum Federal Health IT Strategic Plan and Health Resources and Services competition for a single HCCN funding address HRSA’s goal that all Health Administration opportunity in fiscal year (FY) 2016. Center Program awardees will: SUPPLEMENTARY INFORMATION: • Acquire and effectively implement Health Center Controlled Networks Intended Recipient of the Award: certified Electronic Health Record (EHR) Health Center Controlled Networks technology to enable all eligible AGENCY: Health Resources and Services awarded under funding opportunity providers to become meaningful users of Administration, HHS. announcement HRSA–13–237. EHRs as defined by the Centers for ACTION: Notice of Class Deviation from Amount of Non-Competitive Awards: $11,909,772. Medicare & Medicaid Services (CMS); Competition Requirements for Health • Center Controlled Networks. Period of Supplemental Funding: access EHR incentive program December 1, 2015, to July 31, 2016. payments; and
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• enhance data reporting and grants funded under HRSA–13–267 underway at the health centers receiving technology-enabled quality ending July 31, 2016. BPHC requests to technical assistance from the HCCNs. By improvement activities. implement one project period end date September 30, 2015, $11,909,772 will be Two HCCN funding opportunities for all active HCCNs, July 31, 2016, by awarded to continue the 37 grants’ were competed in FY 2013, resulting in providing an additional 8 months of approved activities for 8 months (see two grant cohorts with project period support to grants funded under HRSA– Table 1). Awardees will report progress end dates that differ by 8 months: 37 13–237. Creating one funding cycle will and financial obligations made during grants funded under HRSA–13–237 prevent a lapse in funding that may the 8-month budget period extension as ending November 30, 2015, and six jeopardize HIT implementation instructed by the Notice of Award.
TABLE 1—RECIPIENT GRANTS AND AWARD AMOUNTS
Award Grant No. Organization name amount
H2QCS25654 ...... ALABAMA PRIMARY HEALTH CARE ASSOCIATION, INC ...... $316,667 H2QCS25636 ...... COLORADO COMMUNITY MANAGED CARE NETWORK ...... 316,667 H2QCS25650 ...... COMMUNITY CLINIC ASSOCIATION OF LOS ANGELES COUNTY ...... 416,667 H2QCS25663 ...... COMMUNITY HEALTH ACCESS NETWORK, INC ...... 416,667 H2QCS25644 ...... COMMUNITY HEALTH BEST PRACTICES, LLC...... 262,893 H2QCS25665 ...... COMMUNITY HEALTH CARE ASSOCIATION OF NEW YORK STATE, INC ...... 466,654 H2QCS25655 ...... COMMUNITY HEALTH CENTER ASSOCIATION OF CONNECTICUT ...... 266,667 H2QCS25635 ...... COMMUNITY HEALTH CENTERS OF ARKANSAS, INC ...... 144,096 H2QCS25651 ...... COUNCIL OF COMMUNITY CLINICS ...... 266,667 H2QCS25652 ...... GOLDEN VALLEY HEALTH CENTERS ...... 316,667 H2QCS25659 ...... GRACE COMMUNITY HEALTH CENTER, INC ...... 316,667 H2QCS25637 ...... HAWAII PRIMARY CARE ASSOCIATION ...... 266,667 H2QCS25657 ...... HEALTH CHOICE NETWORK, INC ...... 466,667 H2QCS25671 ...... HEALTH FEDERATION OF PHILADELPHIA, THE ...... 266,667 H2QCS25638 ...... IDAHO PRIMARY CARE ASSOCIATION ...... 266,667 H2QCS25639 ...... IN CONCERTCARE, INC ...... 266,667 H2QCS25640 ...... KANSAS ASSOCIATION FOR MEDICALLY UNDERSERVED ...... 266,667 H2QCS25641 ...... LOUISIANA PRIMARY CARE ASSOCIATION, INC ...... 316,667 H2QCS25660 ...... MAINE PRIMARY CARE ASSOCIATION ...... 266,667 H2QCS25661 ...... MICHIGAN PRIMARY CARE ASSOCIATION ...... 366,352 H2QCS25642 ...... MISSOURI COALITION FOR PRIMARY HEALTH CARE ...... 366,667 H2QCS25643 ...... MONTANA PRIMARY CARE ASSOCIATION, INC ...... 316,667 H2QCS25658 ...... NEAR NORTH HEALTH SERVICE CORPORATION, THE ...... 416,667 H2QCS25645 ...... NEW MEXICO PRIMARY CARE ASSOCIATION ...... 266,667 H2QCS25647 ...... OCHIN, INC ...... 516,667 H2QCS25666 ...... OHIO SHARED INFORMATION SERVICES, INC ...... 266,667 H2QCS25649 ...... PTSO OF WASHINGTON ...... 416,667 H2QCS25653 ...... REDWOOD COMMUNITY HEALTH NETWORK ...... 266,667 H2QCS25646 ...... SOONERVERSE, INC ...... 266,667 H2QCS25656 ...... SOUTHBRIDGE MEDICAL ADVISORY COUNCIL, INC ...... 266,667 H2QCS25664 ...... SOUTHERN JERSEY FAMILY MEDICAL CENTERS, INC ...... 266,667 H2QCS25667 ...... TENNESSEE PRIMARY CARE ASSOCIATION ...... 286,443 H2QCS25648 ...... TEXAS ASSOCIATION OF COMMUNITY HEALTH CENTERS, INC ...... 516,667 H2QCS25662 ...... THE COASTAL FAMILY HEALTH CENTER, INC ...... 266,667 H2QCS25668 ...... VIRGINIA PRIMARY CARE ASSOCIATION, INC ...... 366,667 H2QCS25669 ...... WEST VIRGINIA PRIMARY CARE ASSOCIATION INC ...... 316,667 H2QCS25670 ...... WISCONSIN PRIMARY HEALTH CARE ASSOCIATION, INC ...... 266,667
FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF HEALTH AND Office of Management and Budget Olivia Shockey, Expansion Division HUMAN SERVICES (OMB) a request for an extension of a Director, Office of Policy and Program previously approved collection of Development, Bureau of Primary Health Indian Health Service information titled, ‘‘IHS Loan Care, Health Resources and Services Repayment Program (LRP)’’ (OMB Request for Public Comment: 30-Day Administration at 301–443–9282 or at Control Number 0917–0014), which Proposed Information Collection: [email protected]. Indian Health Service Loan Repayment expires July 31, 2015. This proposed Dated: June 4, 2015. Program (LRP) information collection project was recently published in the Federal James Macrae, AGENCY: Indian Health Service, HHS. Register (80 FR 23558) on April 28, Acting Administrator. ACTION: Notice and request for 2015, and allowed 60 days for public [FR Doc. 2015–14235 Filed 6–10–15; 8:45 am] comments. Request for extension of comment, as required by 44 U.S.C. BILLING CODE 4165–15–P approval. 3506(c)(2)(A). The IHS received no comments regarding this collection. The SUMMARY: In compliance with section purpose of this notice is to allow 30 3507(a)(1)(D) of the Paperwork days for public comment to be Reduction Act of 1995, the Indian submitted directly to OMB. Health Service (IHS) is submitting to the
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A copy of the supporting statement is IHS health care facilities. Under the analyzed and a score is given to each available at www.regulations.gov (see program, eligible health professionals applicant. This score will determine Docket ID IHS–2015–0003). sign a contract through which the IHS which applicants will be awarded each Proposed Collection: Title: 0917– agrees to repay part or all of their fiscal year. The administrative scoring 0014, ‘‘Indian Health Service Loan indebtedness in exchange for an initial system assigns a score to the geographic two-year service commitment to Repayment Program.’’ Type of location according to vacancy rates for practice full-time at an eligible Indian Information Collection Request: that fiscal year and also considers health program. The LRP is necessary to Extension of currently approved whether the location is in an isolated augment the critically low health area. When an applicant accepts information collection, 0917–0014, professional staff at IHS health care ‘‘Indian Health Service Loan Repayment employment at a location, the applicant facilities. in turn ‘‘picks-up’’ the score of that Program.’’ The LRP application is Any health professional wishing to available in an electronically fillable location. Affected Public: Individuals have their health education loans repaid and households. Type of Respondents: and fileable format. Form(s): The IHS may apply to the IHS LRP. A two-year Individuals. LRP Information Booklet contains the contract obligation is signed by both instructions and the application format. parties, and the individual agrees to The table below provides: Types of Need and Use of Information Collection: work at an eligible Indian health data collection instruments, Estimated The IHS LRP identifies health program location and provide health number of respondents, Number of professionals with pre-existing financial services to American Indian and Alaska responses per respondent, Annual obligations for education expenses that Native individuals. number of responses, Average burden meet program criteria who are qualified The information collected via the on- hour per response, and Total annual and willing to serve at, often remote, line application from individuals is burden hour(s).
ESTIMATED BURDEN HOURS
Average Number of Number of burden per Total annual Data collection instrument(s) respondents responses per response responses respondent (in hours) (in hours)
LRP Application ...... 816 1 1.5 1,224
There are no Capital Costs, Operating To Request More Information on the 8:00 a.m. to June 19, 2015, 6:00 p.m., Costs, and/or Maintenance Costs to Proposed Collection, Contact: Jackie Hilton Washington Embassy Row, 2015 report. Santiago through one of the following Massachusetts Ave. NW., Washington, Requests for Comments: Your methods: DC 20036, which was published in the comments and/or suggestions are • Mail: Jackie Santiago, Chief, Loan Federal Register on April 20, 2015 (80 invited on one or more of the following Repayment Program, 801 Thompson FR 22214). points: Avenue, TMP, STE 450, Rockville, MD The meeting notice is amended to (a) Whether the information collection 20852–1627. change the date/time/venue from July activity is necessary to carry out an • Phone: 301–443–2486. 13, 2015 at 8:00 a.m. to 6:00 p.m., July agency function; • Email: [email protected]. 14, 2015, at 8:00 a.m. to 5:00 p.m. to be • (b) whether the agency processes the Fax: 301–443–4815. held at the Embassy Suite Hotel Chevy information collected in a useful and Comment Due Date: July 13, 2015. Chase, MD. The meeting is closed to the timely fashion; Your comments regarding this public. information collection are best assured (c) the accuracy of public burden Dated: June 5, 2015. estimate (the estimated amount of time of having full effect if received within 30 days of the date of this publication. Michelle Trout, needed for individual respondents to Program Analyst, Office of Federal Advisory provide the requested information); Dated: June 3, 2015. Committee Policy. (d) whether the methodology and Robert G. McSwain, [FR Doc. 2015–14224 Filed 6–10–15; 8:45 am] assumptions used to determine the Acting Director, Indian Health Service. BILLING CODE 4140–01–P estimates are logical; [FR Doc. 2015–14234 Filed 6–10–15; 8:45 am] (e) ways to enhance the quality, BILLING CODE 4160–16–P utility, and clarity of the information being collected; and DEPARTMENT OF HOMELAND SECURITY (f) how the newly created online DEPARTMENT OF HEALTH AND application assists the applicant HUMAN SERVICES U.S. Citizenship and Immigration efficiently and effectively. Services ADDRESSES: Submit comments to Jackie National Institutes of Health [OMB Control Number 1615–0005] Santiago by one of the following Eunice Kennedy Shriver National methods: • Institute of Child Health and Human Agency Information Collection Mail: Jackie Santiago, Chief, Loan Development; Amended Notice of Activities: Application for Family Unity Repayment Program, 801 Thompson Meeting Benefits, Form I–817, Revision of a Avenue, TMP, STE 450, Rockville, MD Currently Approved Collection 20852–1627. Notice is hereby given of a change in • Phone: 301–443–2486. the meetings of the National Institute of AGENCY: U.S. Citizenship and • Email: [email protected]. Child Health and Human Development Immigration Services, Department of • Fax: 301–443–4815. Special Emphasis Panel, June 18, 2015, Homeland Security.
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ACTION: 30-day notice. should address one or more of the DEPARTMENT OF HOUSING AND following four points: URBAN DEVELOPMENT SUMMARY: The Department of Homeland (1) Evaluate whether the proposed Security (DHS), U.S. Citizenship and collection of information is necessary [Docket No. FR–5831–N–29] Immigration Services (USCIS) will be for the proper performance of the submitting the following information 30-Day Notice of Proposed Information functions of the agency, including Collection: Single Family Premium collection request to the Office of whether the information will have Management and Budget (OMB) for Collection Subsystem-Periodic practical utility; (SFPCS) review and clearance in accordance (2) Evaluate the accuracy of the with the Paperwork Reduction Act of agency’s estimate of the burden of the AGENCY: Office of the Chief Information 1995. The information collection notice proposed collection of information, Officer, HUD. was previously published in the Federal including the validity of the ACTION: Notice. Register on April 2, 2015 at 80 FR methodology and assumptions used; 17765, allowing for a 60-day public (3) Enhance the quality, utility, and SUMMARY: HUD has submitted the comment period. USCIS received two clarity of the information to be proposed information collection comments in connection with the 60- collected; and requirement described below to the day notice. (4) Minimize the burden of the Office of Management and Budget DATES: The purpose of this notice is to collection of information on those who (OMB) for review, in accordance with allow an additional 30 days for public are to respond, including through the the Paperwork Reduction Act. The comments. Comments are encouraged use of appropriate automated, purpose of this notice is to allow for an and will be accepted until July 13, 2015. electronic, mechanical, or other additional 30 days of public comment. This process is conducted in accordance technological collection techniques or DATES: Comments Due Date: July 13, with 5 CFR 1320.10. other forms of information technology, 2015. e.g., permitting electronic submission of ADDRESSES: Written comments and/or responses. ADDRESSES: Interested persons are suggestions regarding the item(s) invited to submit comments regarding contained in this notice, especially Overview of This Information this proposal. Comments should refer to regarding the estimated public burden Collection the proposal by name and/or OMB and associated response time, must be (1) Type of Information Collection Control Number and should be sent to: directed to the OMB USCIS Desk Officer Request: Revision of a Currently HUD Desk Officer, Office of _ via email at oira submission@ Approved Collection. Management and Budget, New omb.eop.gov. Comments may also be (2) Title of the Form/Collection: Executive Office Building, Washington, submitted via fax at (202) 395–5806. All Application for Family Unity Benefits. DC 20503; fax: 202–395–5806. Email: submissions received must include the (3) Agency form number, if any, and [email protected]. agency name and the OMB Control the applicable component of the DHS FOR FURTHER INFORMATION CONTACT: Number 1615–0005. sponsoring the collection: I–817; USCIS. Colette Pollard, Reports Management You may wish to consider limiting the (4) Affected public who will be asked Officer, QDAM, Department of Housing amount of personal information that you or required to respond, as well as a brief and Urban Development, 451 7th Street provide in any voluntary submission abstract: Primary: Individuals or SW., Washington, DC 20410; email at you make. For additional information households: The information collected Colette [email protected] or telephone please read the Privacy Act notice that will be used to determine whether the 202–402–3400. Persons with hearing or is available via the link in the footer of applicant meets the eligibility speech impairments may access this http://www.regulations.gov. requirements for benefits under 8 CFR number through TTY by calling the toll- FOR FURTHER INFORMATION CONTACT: If 236.14 and 245a.33. free Federal Relay Service at (800) 877– you need a copy of the information (5) An estimate of the total number of 8339. This is not a toll-free number. collection instrument with instructions, respondents and the amount of time Copies of available documents or additional information, please estimated for an average respondent to submitted to OMB may be obtained contact us at: USCIS, Office of Policy respond: The estimated total number of from Ms. Pollard. respondents for the information and Strategy, Regulatory Coordination SUPPLEMENTARY INFORMATION: collection I–817 is approximately 2,557 This Division, Laura Dawkins, Chief, 20 notice informs the public that HUD has Massachusetts Avenue NW., and the estimated hour burden per response is 2 hours per response; and submitted to OMB a request for Washington, DC 20529–2140, approval of the information collection Telephone number 202–272–8377. the estimated number of respondents providing biometrics is 2,557 and the described in Section A. Please note contact information The Federal Register notice that estimated hour burden per response is provided here is solely for questions solicited public comment on the 1.17 hours. regarding this notice. It is not for information collection for a period of 60 individual case status inquiries. (6) An estimate of the total public burden (in hours) associated with the days was published on Mach 25, 2015 Applicants seeking information about at 80 FR 15803. the status of their individual cases can collection: The total estimated annual check Case Status Online, available at hour burden associated with this A. Overview of Information Collection collection is 8,106 hours. the USCIS Web site at http:// Title of Information Collection: Single www.uscis.gov, or call the USCIS Dated: June 4, 2015. Family Premium Collection Subsystem- National Customer Service Center at Laura Dawkins, Periodic (SFPCS–P). 800–375–5283 (TTY 800–767–1833). Chief, Regulatory Coordination Division, OMB Approval Number: 2502–0536. SUPPLEMENTARY INFORMATION: Office of Policy and Strategy, U.S. Citizenship Type of Request: Extension of a and Immigration Services, Department of currently approved collection. Comments Homeland Security. Form Numbers: None. Written comments and suggestions [FR Doc. 2015–14305 Filed 6–10–15; 8:45 am] Description of the need for the from the public and affected agencies BILLING CODE 9111–97–P information and proposed use: The
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Single Family Premium Collection DEPARTMENT OF HOUSING AND insures mortgages on single-family Subsystem-Periodic (SFPCS–P) allows URBAN DEVELOPMENT dwellings under provisions of the the lenders to remit the Periodic National Housing Act (12 U.S.C. 1709). [Docket No. FR–5831–N–28] Mortgagee Insurance using funds The Housing and Urban Rural Recovery obtained from the mortgagor during the 30-Day Notice of Proposed Information Act (HURRA), P.L. 98–181, amended the collection of the monthly mortgage Collection: Single Family Mortgage National Housing Act to add Section payment. The SFPCS–P strengthens Insurance on Hawaiian Homelands 247 (12 U.S.C. 1715z–12) to permit FHA HUD‘s ability to manage and process to insure mortgages for properties periodic single-family mortgage AGENCY: Office of the Chief Information located on Hawaiian Homelands. Under insurance premium collections and Officer, HUD. this program, the mortgagor must be a corrections to submitted data. It also ACTION: Notice. native Hawaiian. Section 247 requires improves date integrity for the Single that the Department of Hawaiian Family Mortgage Insurance Program. SUMMARY: HUD has submitted the Homelands (DHHL) of the State of Therefore, the FHA approved lenders proposed information collection Hawaii (a) will be a co-mortgagor; (b) use the automated Clearing House requirement described below to the guarantees or reimburses the Secretary (ACH) application for all transmissions Office of Management and Budget for any mortgage insurance claim paid with SFPCS–P. The authority for this (OMB) for review, in accordance with in connection with a property on collection of information is specified in the Paperwork Reduction Act. The Hawaiian homelands; or (c) offers other 24 CFR 203.264 AND 24 CFR 203.269. purpose of this notice is to allow for an security acceptable to the Secretary. In general, the lenders use the ACH additional 30 days of public comment. In accordance with 24 CFR 203.43i, application to remit the periodic DATES: Comments Due Date: July 13, the collection of information is premium payments through SFPCS–P 2015. verification that a loan applicant is a for the required FHA insured cases and ADDRESSES: Interested persons are native Hawaiian and that the applicant to comply with the Credit Reform Act. invited to submit comments regarding holds a lease on land in a Hawaiian Respondents: Business or other for- this proposal. Comments should refer to Homelands area. A borrower must profit. obtain verification of eligibility from Estimated Number of Respondents: the proposal by name and/or OMB Control Number and should be sent to: DHHL and submit it to the lender. A 1,536. borrower cannot obtain a loan under Estimated Number of Responses: HUD Desk Officer, Office of Management and Budget, New these provisions without proof of status 18,432. as a native Hawaiian. United States Frequency of Response: 12. Executive Office Building, Washington, Average Hours per Response: 15. DC 20503; fax: 202–395–5806. Email: citizens living in Hawaii are not eligible Total Estimated Burdens: 2,765. [email protected]. for this leasehold program unless they are native Hawaiians. The eligibility FOR FURTHER INFORMATION CONTACT: B. Solicitation of Public Comment document is required to obtain benefits. Colette Pollard, Reports Management In accordance with 24 CFR This notice is soliciting comments Officer, QDAM, Department of Housing 203.439(c), lenders must report monthly from members of the public and affected and Urban Development, 451 7th Street to HUD and the DHHL on delinquent parties concerning the collection of SW., Washington, DC 20410; email at borrowers and provide documentation information described in Section A on Colette [email protected] or telephone to HUD to support that the loss the following: 202–402–3400. Persons with hearing or mitigation requirements of 24 CFR (1) Whether the proposed collection speech impairments may access this of information is necessary for the 203.604 have been met. To assist the number through TTY by calling the toll- proper performance of the functions of DHHL in identifying delinquent loans, free Federal Relay Service at (800) 877– the agency, including whether the lenders report monthly. A delinquent 8339. This is not a toll-free number. information will have practical utility; mortgage that is reported timely would Copies of available documents (2) The accuracy of the agency’s allow DHHL to intervene and prevent submitted to OMB may be obtained estimate of the burden of the proposed foreclosure. collection of information; from Ms. Pollard. Respondents: Individual or (3) Ways to enhance the quality, SUPPLEMENTARY INFORMATION: This household. utility, and clarity of the information to notice informs the public that HUD has Estimated Number of Respondents: be collected; and submitted to OMB a request for 160. (4) Ways to minimize the burden of approval of the information collection Estimated Number of Responses: 315. the collection of information on those described in Section A. Frequency of Response: On occasion. who are to respond; including through The Federal Register notice that Average Hours per Response: .26. the use of appropriate automated solicited public comment on the Total Estimated Burdens: 59. information collection for a period of 60 collection techniques or other forms of B. Solicitation of Public Comment information technology, e.g., permitting days was published on Mach 25, 2015 electronic submission of responses. at 80 FR 15803. This notice is soliciting comments HUD encourages interested parties to from members of the public and affected A. Overview of Information Collection submit comment in response to these parties concerning the collection of questions. Title of Information Collection: Single information described in Section A on Family Mortgage Insurance on Hawaiian the following: Authority: Section 3507 of the Paperwork (1) Whether the proposed collection Reduction Act of 1995, 44 U.S.C. Chapter 35. Homelands. OMB Approval Number: 2502–0358. of information is necessary for the Dated: June 2, 2015. Type of Request: Extension without proper performance of the functions of Colette Pollard, change of a currently approved the agency, including whether the Department Reports Management Officer, collection. information will have practical utility; Office of the Chief Information Officer. Form Numbers: None. (2) The accuracy of the agency’s [FR Doc. 2015–14307 Filed 6–10–15; 8:45 am] Description of the need for the estimate of the burden of the proposed BILLING CODE 4210–67–P information and proposed use: FHA collection of information;
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(3) Ways to enhance the quality, 5275 Leesburg Pike MS: MB, Falls Giving an Oral Presentation utility, and clarity of the information to Church, VA 22041. Individuals or groups requesting to be collected; and SUPPLEMENTARY INFORMATION: make an oral presentation at the meeting (4) Ways to minimize the burden of About the Council will be limited to 2 minutes per speaker, the collection of information on those with no more than a total of 10 minutes In accordance with NAWCA (Pub. L. who are to respond; including through for all speakers. Interested parties 101–233, 103 Stat. 1968, December 13, the use of appropriate automated should contact the acting Council 1989, as amended), the State-private- collection techniques or other forms of Coordinator by the date above, in Federal Council meets to consider information technology, e.g., permitting writing (preferably via email; see FOR wetland acquisition, restoration, electronic submission of responses. FURTHER INFORMATION CONTACT), to be enhancement, and management projects HUD encourages interested parties to placed on the public speaker list. for recommendation and final funding submit comment in response to these Nonregistered public speakers will not approval by the Commission. questions. be considered during the Council Authority: Section 3507 of the Paperwork About NAWCA meeting. Registered speakers who wish Reduction Act of 1995, 44 U.S.C. Chapter 35. The North American Wetlands to expand upon their oral statements, or Dated: June 2, 2015. Conservation Act of 1989 provides those who had wished to speak but Colette Pollard, matching grants to organizations and could not be accommodated on the Department Reports Management Officer, individuals who have developed agenda, are invited to submit written Office of the Chief Information Officer. partnerships to carry out wetlands statements to the Council within 30 [FR Doc. 2015–14311 Filed 6–10–15; 8:45 am] conservation projects in the United days following the meeting. BILLING CODE 4210–67–P States, Canada, and Mexico. These Meeting Minutes projects must involve long-term protection, restoration, and/or Summary minutes of the Council meeting will be maintained by the DEPARTMENT OF THE INTERIOR enhancement of wetlands and associated uplands habitats for the acting Council Coordinator at the FOR FURTHER Fish and Wildlife Service benefit of all wetlands-associated address listed under migratory birds. Project proposal due INFORMATION CONTACT. Meeting notes [FWS–HQ–MB–2015–N116; 91100–3740– can be obtained by contacting the acting GRNT 7C] dates, application instructions, and eligibility requirements are available on Council Coordinator within 30 days following the meeting. Personal copies Meeting Announcement: North the NAWCA Web site at http:// may be purchased for the cost of American Wetlands Conservation www.fws.gov/birds/grants. duplication. Council Public Input Jerome Ford, AGENCY: Fish and Wildlife Service, Assistant Director, Migratory Birds. Interior. You must con- tact the Acting [FR Doc. 2015–14266 Filed 6–10–15; 8:45 am] ACTION: Notice of meeting. Council Coordi- BILLING CODE 4310–55–P If you wish to: nator (see FOR SUMMARY: The North American FURTHER IN- Wetlands Conservation Council FORMATION CONTACT) no DEPARTMENT OF THE INTERIOR (Council) will meet to select North later than American Wetlands Conservation Act Bureau of Indian Affairs (NAWCA) U.S. Standard grant proposals (1) Listen to Council Meet- June 23, 2015. ing. for recommendation to the Migratory [156A2100DD/AAKC001030/ (2) Submit written informa- June 19, 2015. Bird Conservation Commission A0A501010.999900 253G] (Commission). This meeting is open to tion or questions before the public, and interested persons may the Council meeting for consideration during the Rate Adjustments for Indian Irrigation present oral or written statements. meeting. Projects DATES: The meeting is scheduled for AGENCY: Bureau of Indian Affairs, June 23, 2015, at 8:30 a.m. (PDT). If you Submitting Written Information or Interior. are interested in presenting information Questions at this public meeting, contact the acting ACTION: Notice of proposed rate Council Coordinator no later than June Interested members of the public may adjustments. 19, 2015. submit relevant information or questions for the Council to consider SUMMARY: The Bureau of Indian Affairs ADDRESSES: Meeting venue will be during the public meeting. If you wish (BIA) owns or has an interest in located at The Westerly Hotel and to submit a written statement, so that irrigation projects located on or Convention Centre, 1590 Cliffe Avenue, the information may be made available associated with various Indian Courtenay, BC, V9N 2K4, Canada. to the Council for their consideration reservations throughout the United Participants can join the meeting via prior to this meeting, you must contact States. We are required to establish telephone by calling the toll-free the acting Council Coordinator by the irrigation assessment rates to recover the number 1–877–413–4791; when date above. Written statements must be costs to administer, operate, maintain, prompted, enter participant passcode supplied to the acting Council and rehabilitate these projects. We 6532444#. Coordinator in both of the following request your comments on the proposed FOR FURTHER INFORMATION CONTACT: formats: One hard copy with original rate adjustments. Michael Johnson, Acting Council signature, and one electronic copy via DATES: Interested parties may submit Coordinator, by phone at 703–358–1784; email (acceptable file formats are Adobe comments on the proposed rate by email at [email protected]; or by U.S. Acrobat PDF, MS Word, MS adjustments on or before August 10, mail at U.S. Fish and Wildlife Service, PowerPoint, or rich text file). 2015.
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ADDRESSES: All comments on the Irrigation project means a facility or Does this notice affect me? proposed rate adjustments must be in portion thereof for the delivery, This notice affects you if you own or writing and addressed to: Yulan Jin, diversion, and storage of irrigation water lease land within the assessable acreage Chief, Division of Water and Power, that we own or have an interest in, of one of our irrigation projects or if you Office of Trust Services, Mail Stop including all appurtenant works. The have a carriage agreement with one of 4637–MIB, 1849 C Street NW., term ‘‘irrigation project’’ is used our irrigation projects. Washington, DC 20240, Telephone (202) interchangeably with irrigation facility, 219–0941. irrigation system, and irrigation area. Where can I get information on the FOR FURTHER INFORMATION CONTACT: For Irrigation service means the full range regulatory and legal citations in this details about a particular irrigation of services we provide customers of our notice? project, please use the tables in irrigation projects. This includes our You can contact the appropriate SUPPLEMENTARY INFORMATION section to activities to administer, operate, office(s) stated in the tables for the contact the regional or local office maintain, and rehabilitate our projects irrigation project that serves you, or you where the project is located. in order to deliver water. can use the Internet site for the SUPPLEMENTARY INFORMATION: The first Maintenance costs means costs we Government Publishing Office at http:// table in this notice provides contact incur to maintain and repair our www.gpo.gov. information for individuals who can irrigation projects and associated Why are you publishing this notice? give further information about the equipment and are a cost factor We are publishing this notice to notify irrigation projects covered by this included in calculating your operation you that we propose to adjust our notice. The second table provides the and maintenance assessment. current 2014 irrigation assessment rates, irrigation assessment rates. This notice Operation and maintenance (O&M) is published in accordance with the the proposed rates for the 2015 assessment means the periodic charge irrigation season, and proposed rates for BIA’s regulations governing its you must pay us to reimburse costs of operation and maintenance of irrigation subsequent years where these are administering, operating, maintaining, available. projects, found at 25 CFR part 171. This and rehabilitating irrigation projects regulation provides for the What is the meaning of the key terms consistent with this notice and our establishment and publication of the used in this notice? supporting policies, manuals, and rates for annual irrigation assessments handbooks. In this notice: as well as related information about our Administrative costs means all costs Operation or operating costs mean irrigation projects. we incur to administer our irrigation costs we incur to operate our irrigation projects and equipment and are a cost What authorizes you to issue this projects at the local project level and are notice? a cost factor included in calculating factor included in calculating your O&M Our authority to issue this notice is your operation and maintenance assessment. vested in the Secretary of the Interior by assessment. Costs incurred at the local Past due bill means a bill that has not 5 U.S.C. 301 and the Act of August 14, project level do not normally include been paid by the close of business on 1914 (38 Stat. 583; 25 U.S.C. 385). The Agency, Region, or Central Office costs the 30th day after the due date as stated Secretary has in turn delegated this unless we state otherwise in writing. on the bill. Beginning on the 31st day authority to the Assistant Secretary— Assessable acre means lands after the due date, we begin assessing Indian Affairs under Part 209, Chapter designated by us to be served by one of additional charges accruing from the 8.1A, of the Department of the Interior’s our irrigation projects, for which we due date. Departmental Manual. collect assessments in order to recover Rehabilitation costs means costs we costs for the provision of irrigation incur to restore our irrigation projects or When will you put the rate adjustments service. (See total assessable acres.) features to original operating condition into effect? BIA means the Bureau of Indian or to the nearest state which can be We will put the rate adjustments into Affairs. achieved using current technology and effect for the 2015 irrigation season and Bill means our statement to you of the is a cost factor included in calculating subsequent years where applicable. assessment charges and/or fees you owe your O&M assessment. the United States for administration, Responsible party means an How do you calculate irrigation rates? operation, maintenance, and/or individual or entity that owns or leases We calculate annual irrigation rehabilitation. The date we mail or land within the assessable acreage of assessment rates in accordance with 25 hand-deliver your bill will be stated on one of our irrigation projects and is CFR part 171.500 by estimating the it. responsible for providing accurate annual costs of operation and Costs means the costs we incur for information to our billing office and maintenance at each of our irrigation administration, operation, maintenance, paying a bill for an annual irrigation rate projects and then dividing by the total and rehabilitation to provide direct assessment. assessable acres for that particular support or benefit to an irrigation Total assessable acres means the total irrigation project. The result of this facility. (See administrative costs, acres served by one of our irrigation calculation for each project is stated in operation costs, maintenance costs, and projects. the rate table in this notice. rehabilitation costs). Customer means any person or entity Water delivery is an activity that is What kinds of expenses do you to which we provide irrigation service. part of the irrigation service we provide consider in determining the estimated Due date is the date on which your our customers when water is available. annual costs of operation and bill is due and payable. This date will We, us, and our means the United maintenance? be stated on your bill. States Government, the Secretary of the Consistent with 25 CFR part 171.500, I, me, my, you and your means all Interior, the BIA, and all who are these expenses include the following: persons or entities that are affected by authorized to represent us in matters (a) Salary and benefits for the project this notice. covered under this notice. engineer/manager and project
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employees under the project engineer/ (2) An adequate and correct address delivered no later than 5 business days manager’s management or control; for mailing or hand delivering our bill; after the day we mail it. We follow the (b) Materials and supplies; and procedures provided in 31 CFR 901.2, (c) Vehicle and equipment repairs; (3) The taxpayer identification ‘‘Demand for Payment,’’ when (d) Equipment costs, including lease number or social security number of the demanding payment of your past due fees; person or entity responsible for paying bill. the bill. (e) Depreciation; Are there any additional charges if I am (f) Acquisition costs; Why are you collecting my taxpayer late paying my bill? (g) Maintenance of a reserve fund identification number or social security Yes. We will assess you interest on available for contingencies or number? the amount owed, using the rate of emergency costs needed for the reliable Public Law 104–134, the Debt interest established annually by the operation of the irrigation facility Collection Improvement Act of 1996, Secretary of the United States Treasury infrastructure; requires that we collect the taxpayer (Treasury) to calculate what you will be (h) Maintenance of a vehicle and identification number or social security assessed . You will not be assessed this heavy equipment replacement fund; number before billing a responsible charge until your bill is past due. (i) Systematic rehabilitation and party and as a condition to servicing the However, if you allow your bill to replacement of project facilities; account. become past due, interest will accrue (j) Carriage Agreements for the What happens if I am a responsible from the original due date, not the past transfer of project water through party but I fail to furnish the due date. Also, you will be charged an irrigation facilities owned by others; information required to the billing administrative fee of $12.50 for each (j) Any water storage fees for non BIA- office responsible for the irrigation time we try to collect your past due bill. owned reservoirs, as applicable; project within which I own or lease If your bill becomes more than 90 days (j) Contingencies for unknown costs assessable land or for which I have a past due, you will be assessed a penalty and omitted budget items; and carriage agreement? charge of 6 percent per year, which will (k) Other expenses we determine If you are late paying your bill accrue from the date your bill initially necessary to properly perform the because of your failure to furnish the became past due. Pursuant to 31 CFR activities and functions characteristic of required information listed above, you 901.9, ‘‘Interest, penalties and an irrigation project. will be assessed interest and penalties administrative costs,’’ as a Federal When should I pay my irrigation as provided below, and your failure to agency, we are required to charge assessment? provide the required information will interest, penalties, and administrative not provide grounds for you to appeal costs in accordance with 31 U.S.C. 3717 We will mail or hand-deliver your bill your bill or any penalties assessed. notifying you (a) the amount you owe to What else will happen to my past due the United States and (b) when such What can happen if I do not provide the bill? amount is due. If we mail your bill, we information required for billing If you do not pay your bill or make will consider it as being delivered no purposes? payment arrangements to which we later than 5 business days after the day We can refuse to provide you agree, we are required to send your past we mail it. You should pay your bill by irrigation service. due bill to the Treasury for further the due date stated on the bill. action. Under the provisions of 31 CFR If I allow my bill to become past due, 901.1, ‘‘Aggressive agency collection What information must I provide for could this affect my water delivery? billing purposes? activity,’’ federal agencies should Yes. 25 CFR 171.545(a) states: ‘‘We consider referring debts that are less All responsible parties are required to will not provide you irrigation service than 180 days delinquent, and we must provide the following information to the until: (1) Your bill is paid; or (2) You send any unpaid annual irrigation billing office associated with the make arrangement for payment pursuant assessment bill to Treasury no later than irrigation project where you own or to § 171.550 of this part.’’ If we do not 180 days after the original due date of lease land within the project’s receive your payment before the close of the bill. assessable acreage or to the billing office business on the 30th day after the due associated with the irrigation project date stated on your bill, we will send Who can I contact for further with which you have a carriage you a past due notice. This past due information? agreement: notice will have additional information The following tables are the regional (1) The full legal name of person or concerning your rights. We will and project/agency contacts for our entity responsible for paying the bill; consider your past due notice as irrigation facilities.
Project name Project/agency contacts
Northwest Region Contacts
Stanley Speaks, Regional Director, Bureau of Indian Affairs, Northwest Regional Office, 911 N.E. 11th Avenue, Portland, Oregon 97232–4169, Telephone: (503) 231–6702.
Flathead, Irrigation Project ...... Ernest Moran, Superintendent, Pete Plant, Irrigation Project Manager, P.O. Box 40, Pablo, MT 59855, Telephones: (406) 675–2700 x1300 Superintendent, (406) 745–2661 x2 Project Manager. Fort Hall, Irrigation Project ...... Randy Thompson, Acting Superintendent, David Bollinger, Irrigation Project Manager, P.O. Box 220, Fort Hall, ID 83203–0220, Tele- phone: (208) 238–2301 Superintendent.
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Project name Project/agency contacts
Wapato, Irrigation Project...... Edwin Lewis, Project Administrator, P.O. Box 220, Wapato, WA 98951–0220, Telephone: (509) 877–3155.
Rocky Mountain Region Contacts
Darryl LaCounte, Acting Regional Director, Bureau of Indian Affairs, Rocky Mountain Regional Office, 316 North 26th Street, Billings, Montana 59101, Telephone: (406) 247–7943.
Blackfeet, Irrigation Project ...... Thedis Crowe, Acting Superintendent, Greg Tatsey, Irrigation Project Manager, Box 880, Browning, MT 59417, Telephones: (406) 338– 7544, Superintendent, (406) 338–7519, Irrigation Project Manager. Crow, Irrigation Project ...... Vianna Stewart, Superintendent, Vacant, Irrigation Project Manager, P.O. Box 69, Crow Agency, MT 59022, Telephones: (406) 638– 2672, Superintendent, (406) 638–2863, Irrigation Project Manager. Fort Belknap, Irrigation Project ...... Sarah Fallsdown, Acting Superintendent, Vacant, Irrigation Project Manager, (Project operations & management contracted to Tribes), R.R.1, Box 980, Harlem, MT 59526, Telephones: (406) 353–2901, Superintendent, (406) 353–8454, Irrigation Project Manager (Tribal Office). Fort Peck, Irrigation Project ...... Howard Beemer, Superintendent, Huber Wright, Acting Irrigation Project Manager, P.O. Box 637, Poplar, MT 59255, Telephones: (406) 768–5312, Superintendent, (406) 653–1752, Irrigation Project Manager. Wind River, Irrigation Project ...... Norma Gourneau, Superintendent, Vacant, Irrigation Project Manager, P.O. Box 158, Fort Washakie, WY 82514, Telephones: (307) 332– 7810, Superintendent, (307) 332–2596, Irrigation Project Manager.
Southwest Region Contacts
William T. Walker, Regional Director, Bureau of Indian Affairs, Southwest Regional Office, 1001 Indian School Road, Albuquerque, New Mexico 87104, Telephone: (505) 563–3100.
Pine River, Irrigation Project ...... Priscilla Bancroft, Acting Superintendent, Vickie Begay, Irrigation Project Manager, P.O. Box 315, Ignacio, CO 81137–0315, Tele- phones: (970) 563–4511, Superintendent, (970) 563–9484, Irrigation Project Manager.
Western Region Contacts
Bryan Bowker, Regional Director, Bureau of Indian Affairs, Western Regional Office, 2600 N. Central Ave., 4th Floor Mailroom, Phoenix, Ari- zona 85004, Telephone: (602) 379–6600.
Colorado River, Irrigation Project ...... Kellie Youngbear Superintendent, Gary Colvin, Irrigation Project Man- ager, 12124 1st Avenue, Parker, AZ 85344, Telephone: (928) 669– 7111. Duck Valley, Irrigation Project ...... Joseph McDade, Superintendent, (Project operations & management compacted to Tribes), 2719 Argent Ave., Suite 4, Gateway Plaza, Elko, NV 89801, Telephone: (775) 738–5165, (208) 759–3100, (Trib- al Office). Yuma Project, Indian Unit ...... Irene Herder, Superintendent, 256 South Second Avenue, Suite D, Yuma, AZ 85364, Telephone: (928) 782–1202. San Carlos, Irrigation Project, Indian Works and Joint Works ...... Ferris Begay, Project Manager, Clarence Begay, Irrigation Manager, 13805 N. Arizona Boulevard, Coolidge, AZ 85128, Telephone: (520) 723–6225. Uintah, Irrigation Project ...... Bart Stevens Superintendent, Ken Asay, Irrigation System Manager, P.O. Box 130, Fort Duchesne, UT 84026, Telephone: (435) 722– 4300, (435) 722–4344. Walker River, Irrigation Project ...... Marilyn Bitsillie, Acting Superintendent, 311 E. Washington Street, Car- son City, NV 89701, Telephone: (775) 887–3500.
What irrigation assessments or charges where we recover costs of applicable. An asterisk immediately are proposed for adjustment by this administering, operating, maintaining, following the name of the project notes notice? and rehabilitating them. The table also the irrigation projects where rates are The rate table below contains the contains the proposed rates for the 2015 proposed for adjustment. current rates for all irrigation projects season and subsequent years where BILLING CODE 4337–15–P
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Project Name Rate Final Proposed Proposed Category 2014 Rate 2015 Rate 2016 Rate Flathead Irrigation Basic-per acre - A $26.00 $26.00 $33.50 Project* Basic-per acre - B $11.75 $13.00 $16.75 (See Note #1) Minimum Charge per $65.00 $75.00 $75.00 tract Fort Hall Irrigation Basic-per acre $47.00 $49.00 To Be Determined Project* Minimum Charge per $32.50 $35.00 To Be Determined tract Fort Hall Irrigation Basic-per acre $24.00 $27.00 To Be Determined Project -Minor Units* Minimum Charge per $32.50 $35.00 To Be Determined tract Fort Hall Irrigation Basic-per acre $47.00 $50.50 To Be Determined Project- Michaud * Pressure per acre $65.00 $72.50 To Be Determined
Minimum Charge per $32.50 $35.00 To Be Determined tract Wapato Irrigation Minimum Charge for per $23.00 $24.00 To Be Determined Project- bill Toppenish! Simcoe Units * Basic-per acre $23.00 $24.00 To Be Determined
Wapato Irrigation Minimum Charge per bill $24.00 $25.00 To Be Determined Project- Ahtanum Units* Basic-per acre $24.00 $25.00 To Be Determined
Wapato Irrigation Minimum Charge for per $76.00 $79.00 To Be Determined Project- bill Satus Unit* "A" Basic-per acre $76.00 $79.00 To Be Determined
"B" Basic-per acre $82.00 $85.00 To Be Determined
Wapato Irrigation Minimum Charge per bill $71.00 $75.00 To Be Determined Project- Additional Works* Basic-per acre $71.00 $75.00 To Be Determined
Wapato Irrigation Minimum Charge $84.00 $86.00 To Be Determined Project- Water Rental* Basic-per acre $84.00 $86.00 To Be Determined
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Rocky Mountain Region Rate Table Project Name Rate Final Proposed Category 2014 Rate 2015 Rate
Blackfeet Irrigation Project* Basic-per acre $19.50 $20.00
Crow Irrigation Project- Willow Basic-per acre $24.80 $24.80 Creek O&M (includes Agency, Lodge Grass #1, Lodge Grass #2, Reno, Upper Little Horn, and Forty Mile Units) Crow Irrigation Project- All Basic-per acre $24.50 $24.80 Others (includes Bighorn, Soap Creek, and Pryor Units)* Crow Irrigation Project - Two Basic-per acre $14.50 $14.50 Leggins Unit Crow Irrigation Two Leggins Basic-per acre $2.00 $2.00 Drainage District Fort Belknap Irrigation Project Basic-per acre $15.00 $15.00
Fort Peck Irrigation Project* Basic-per acre $26.00 $26.00
Wind River Irrigation Project- Basic-per acre $21.00 $21.00 Units 2, 3 and 4*
Wind River Irrigation Project- Basic-per acre $28.80 $22.00 LeClair District * (see Note#2) Wind River Irrigation Project- Basic-per acre $14.00 $14.00 Crow Heart Unit* Wind River Irrigation Project- A Basic-per acre $14.00 $14.00 Canal Unit* Wind River Irrigation Project- Basic-per acre $21.00 $24.00 Riverton Valley Irrigation District
Southwest Region Rate Table Project Name Rate Final Proposed Category 2014 Rate 2015 Rate Pine River Irrigation Project* Minimum Charge per $50.00 $50.00 tract Basic-per acre $15.00 $17.00
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Western Region Rate Table Project Name Rate Category Final Proposed Proposed 2014 Rate 2015 Rate 2016 Rate Colorado River Basic-per acre $54.00 $54.00 To be determined Irrigation Project up to 5.75 acre-feet Excess Water $17.00 $17.00 per acre-foot over 5.75 acre-feet Duck Valley Basic-per acre $5.30 $5.30 Irrigation Project Yuma Project, Basic-per acre up to 5.0 $91.00 $108.50 Indian Unit acre-feet (See Note #3) Excess Water per acre- $17.00 $24.50 foot over 5.0 acre-feet Basic-per acre up to 5.0 $91.00 $108.50 acre-feet (Ranch 5) San Carlos Basic-per acre $30.00 $35.00 $30.00 Irrigation Project (Joint Works)* (See Note #4) Proposed 2015 - 2016 Construction Water Rate Schedule:
On Project On Project Off Project Construction - Construction- Construction Gravity Water Pump Water Administrative $300.00 $300.00 $300.00 Fee $250.00 per $100.00 per Usage Fee No Fee month acre-foot Excess Water $5 per 1000 gal No charge No charge Ratet
tThe excess water rate applies to all water used in excess of 50,000 gallons in any one month. San Carlos Basic-per acre $81.00 $86.00 To be determined Irrigation Project (Indian Works) * (See Note#5) Uintah Irrigation Basic-per acre $18.00 $18.00 Project* Minimum Bill $25.00 $25.00
Walker River Basic-per acre $28.00 $31.00 Irrigation Project *
* Notes irrigation projects where rates are Note #1—The BIA reassumed Management 2015 rates were established by the previous proposed for adjustment. and Operation of the Flathead Indian Project Operator and are considered final. Irrigation Project in April 2014. The 2014 and
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Note #2—The O&M rate varies yearly based Actions Concerning Regulations That Civil Justice Reform (Executive Order upon the budget submitted by the LeClair Significantly Affect Energy Supply, 12988) District. Distribution, or Use (Executive Order In issuing this rule, the Department Note #3—The O&M rate for the Yuma 13211) has taken the necessary steps to Project, Indian Unit has two components. The first component is the O&M rate The rate adjustments will have no eliminate drafting errors and ambiguity, established by the Bureau of Reclamation adverse effects on energy supply, minimize potential litigation, and (BOR), the owner and operator of the Project. distribution, or use (including a provide a clear legal standard for The BOR rate for 2015 is proposed to be shortfall in supply, price increases, and affected conduct, as required by section $107/acre. The second component is for the increase use of foreign supplies) should 3 of Executive Order 12988. O&M rate established by BIA to cover the proposed rate adjustments be Paperwork Reduction Act of 1995 administrative costs including billing and implemented. This is a notice for rate These rate adjustments do not affect collections for the Project. The 2015 BIA rate adjustments at BIA-owned and operated the collections of information which is proposed to be $1.50/acre. irrigation projects, except for the Fort have been approved by the Office of Note #4—The construction water rate Yuma Irrigation Project. The Fort Yuma Information and Regulatory Affairs, schedule proposes the fees assessed for use Irrigation Project is owned and operated Office of Management and Budget, of irrigation water for non-irrigation by the Bureau of Reclamation with a under the Paperwork Reduction Act of purposes. portion serving the Fort Yuma 1995. The OMB Control Number is The final 2015 rate for the SCIP–JW was Reservation. established by Federal Register Notice on 1076–0141 and expires March 31, 2016. March 6, 2015 (80 FR 12197). This notice Regulatory Planning and Review National Environmental Policy Act proposes the 2016 rate for the SCIP–JW. The (Executive Order 12866) Project recommended a rate of $30/acre for The Department has determined that FY 2016. However, BIA recently completed These rate adjustments are not a these rate adjustments do not constitute a technical report indicating that the deferred significant regulatory action and do not a major Federal action significantly maintenance costs for Coolidge Dam will be need to be reviewed by the Office of affecting the quality of the human much higher than originally estimated. Management and Budget under environment and that no detailed Therefore, this notice proposes to retain the Executive Order 12866. statement is required under the National $35/acre O&M rate for the Project in order to Regulatory Flexibility Act Environmental Policy Act of 1969 (42 collect an additional $500,000 for Coolidge U.S.C. 4321–4370(d)). Dam deferred maintenance. The Project These rate adjustments are not a rule Data Quality Act provided the technical report to the water for the purposes of the Regulatory users for review and comment. Flexibility Act because they establish ‘‘a In developing this notice, we did not Note #5—The 2015 O&M rate for the San rule of particular applicability relating conduct or use a study, experiment, or Carlos Irrigation Project—Indian Works has to rates.’’ 5 U.S.C. 601(2). survey requiring peer review under the three components. The first component is the Data Quality Act (Pub. L. 106–554). O&M rate established by the San Carlos Unfunded Mandates Reform Act of Irrigation Project—Indian Works, the owner 1995 Dated: June 4, 2015. and operator of the Project; this rate is Kevin K. Washburn, proposed to be $45 per acre. The second These rate adjustments do not impose Assistant Secretary—Indian Affairs. component is for the O&M rate established by an unfunded mandate on State, local, or [FR Doc. 2015–14211 Filed 6–10–15; 8:45 am] the San Carlos Irrigation Project—Joint Works tribal governments in the aggregate, or BILLING CODE 4337–15–P and is determined to be $35.00 per acre. The on the private sector, of more than $130 third component is the O&M rate established million per year. The rule does not have by the San Carlos Irrigation Project Joint a significant or unique effect on State, DEPARTMENT OF THE INTERIOR Control Board and is proposed to be $6 per local, or tribal governments or the acre. private sector. Therefore, the Office of Surface Mining Reclamation Department is not required to prepare a and Enforcement Consultation and Coordination With statement containing the information Tribal Governments (Executive Order [S1D1S SS08011000 SX066A000 67F required by the Unfunded Mandates 13175) 134S180110; S2D2S SS08011000 SX066A00 Reform Act (2 U.S.C. 1531 et seq.). 33F 13xs501520] To fulfill its consultation Takings (Executive Order 12630) responsibility to tribes and tribal Notice of Proposed Information organizations, BIA communicates, The Department has determined that Collection; Request for Comments for coordinates, and consults on a these rate adjustments do not have 1029–0025 continuing basis with these entities on significant ‘‘takings’’ implications. The AGENCY: Office of Surface Mining issues of water delivery, water rate adjustments do not deprive the Reclamation and Enforcement, Interior. public, state, or local governments of availability, and costs of administration, ACTION: Notice and request for rights or property. operation, maintenance, and comments. rehabilitation of projects that concern Federalism (Executive Order 13132) them. This is accomplished at the SUMMARY: In compliance with the individual irrigation project by Project, The Department has determined that Paperwork Reduction Act of 1995, the Agency, and Regional representatives, these rate adjustments do not have Office of Surface Mining Reclamation as appropriate, in accordance with local significant Federalism effects because and Enforcement (OSMRE) is protocol and procedures. This notice is they will not affect the States, the announcing that the information one component of our overall relationship between the national collection request for its maintenance of coordination and consultation process government and the States, or the state programs and procedures for to provide notice to, and request distribution of power and substituting Federal enforcement of comments from, these entities when we responsibilities among various levels of state programs and withdrawing adjust irrigation assessment rates. government. approval of state programs, has been
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forwarded to the Office of Management 13885). No comments were received. DEPARTMENT OF THE INTERIOR and Budget (OMB) for review and This notice provides the public with an approval. The information collection additional 30 days in which to comment Office of Surface Mining Reclamation request describes the nature of the on the following information collection and Enforcement information collection and its expected activity: [S1D1S SS08011000 SX066A000 67F burden and cost. Title: 30 CFR part 733—Maintenance 134S180110; S2D2S SS08011000 SX066A00 DATES: OMB has up to 60 days to of State Programs and Procedures for 33F 13xs501520] approve or disapprove the information Substituting Federal Enforcement of collections but may respond after 30 Notice of Proposed Information days. Therefore, public comments State Programs and Withdrawing Collection; Request for Comments for should be submitted to OMB by July 13, Approval of State Programs. 1029–0111 2015, in order to be assured of OMB Control Number: 1029–0025. AGENCY: Office of Surface Mining consideration. Summary: This part provides that any Reclamation and Enforcement, Interior. ADDRESSES: Submit comments to the interested person may request the ACTION: Notice and request for Office of Information and Regulatory Director of OSMRE to evaluate a State comments. Affairs, Office of Management and program by setting forth in the request Budget, Attention: Department of the a concise statement of facts that the SUMMARY: In compliance with the Interior Desk Officer, by telefax at (202) person believes establishes the need for Paperwork Reduction Act of 1995, the _ 395–5806 or via email to OIRA the evaluation. Bureau Form Number: Office of Surface Mining Reclamation [email protected]. Also, please None. and Enforcement (OSMRE) is send a copy of your comments to John announcing that the information Frequency of Collection: Once. Trelease, Office of Surface Mining collection request for Areas Designated Reclamation and Enforcement, 1951 Description of Respondents: Any by Act of Congress, has been submitted Constitution Ave. NW., Room 203—SIB, interested person (individuals, to the Office of Management and Budget Washington, DC 20240, or electronically businesses, institutions, organizations). (OMB) for review and approval. The to [email protected]. Please refer to Total Annual Responses: 1. information collection request describes OMB Control Number 1029–0025 in the nature of the information collection your correspondence. Total Annual Burden Hours: 60. and the expected burden and cost. This FOR FURTHER INFORMATION CONTACT: To Send comments on the need for the information collection activity was receive a copy of the information collection of information for the previously approved by OMB and collection request contact John Trelease performance of the functions of the assigned control number 1029–0111. at (202) 208–2783, or electronically at agency; the accuracy of the agency’s DATES: OMB has up to 60 days to [email protected]. You may also burden estimates; ways to enhance the approve or disapprove the information review this information collection quality, utility and clarity of the collection but may respond after 30 request on the Internet by going to information collection; and ways to days. Therefore, public comments http://www.reginfo.gov (Information minimize the information collection should be submitted to OMB by July 13, Collection Review, Currently Under burden on respondents, such as use of 2015, in order to be assured of Review, Agency is Department of the automated means of collection of the consideration. Interior, DOI–OSMRE). information, to the places listed under ADDRESSES: Submit comments to the SUPPLEMENTARY INFORMATION: OMB ADDRESSES. Please refer to control Office of Information and Regulatory regulations at 5 CFR part 1320, which number 1029–0025 in all Affairs, Office of Management and implement provisions of the Paperwork correspondence. Budget, Attention: Department of the Reduction Act of 1995 (Pub. L. 104–13), Interior Desk Officer, by telefax at (202) require that interested members of the Before including your address, phone 395–5806 or via email to OIRA_ public and affected agencies have an number, email address, or other [email protected]. Also, please opportunity to comment on information personal identifying information in your send a copy of your comments to John collection and recordkeeping activities comment, you should be aware that Trelease, Office of Surface Mining [see 5 CFR 1320.8(d)]. OSMRE has your entire comment—including your Reclamation and Enforcement, 1951 submitted the request to OMB to renew personal identifying information—may Constitution Ave. NW., Room 203—SIB, its approval for the collection of be made publicly available at any time. Washington, DC 20240, or electronically information found at 30 CFR part 733. While you can ask us in your comment to [email protected]. Please refer to OSMRE is requesting a 3-year term of to withhold your personal identifying OMB Control Number 1029–0111 in approval for this information collection information from public review, we your correspondence. activity. cannot guarantee that we will be able to FOR FURTHER INFORMATION CONTACT: To An agency may not conduct or do so. sponsor, and a person is not required to receive a copy of the information respond to, a collection of information Dated: June 8, 2015. collection request contact John Trelease unless it displays a currently valid OMB John A. Trelease, at (202) 208–2783, or electronically at control number. The OMB control Acting Chief/Division of Regulatory Support. [email protected]. You may also number for this collection of [FR Doc. 2015–14269 Filed 6–10–15; 8:45 am] review this information collection request on the Internet by going to information is 1029–0025, and may be BILLING CODE 4310–05–P found in OSMRE’s regulations at 30 CFR http://www.reginfo.gov (Information part 733.10. Individuals are required to Collection Review, Currently Under respond to obtain a benefit. Review, Agency is Department of the As required under 5 CFR 1320.8(d), a Interior, DOI–OSMRE). Federal Register notice soliciting SUPPLEMENTARY INFORMATION: OMB comments on this collection was regulations at 5 CFR part 1320, which published on March 17, 2015 (80 FR implement provisions of the Paperwork
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Reduction Act of 1995 (Pub. L. 104–13), Before including your address, phone Constitution Ave., NW., Room 203— require that interested members of the number, email address, or other SIB, Washington, DC 20240, or public and affected agencies have an personal identifying information in your electronically to [email protected]. opportunity to comment on information comment, you should be aware that Please refer to OMB Control Number collection and recordkeeping activities your entire comment—including your 1029–0061 in your correspondence. [see 5 CFR 1320.8(d)]. OSMRE has personal identifying information—may FOR FURTHER INFORMATION CONTACT: To submitted a request to OMB to renew its be made publicly available at any time. receive a copy of the information approval of the collection of information While you can ask us in your comment collection request, contact John Trelease contained in 30 CFR part 761—Areas to withhold your personal identifying at (202) 208–2783, or via email at Designated by Act of Congress. OSMRE information from public review, we [email protected]. You may also is requesting a 3-year term of approval cannot guarantee that we will be able to review this information collection for this information collection activity. do so. request by going to http:// An agency may not conduct or Dated: June 8, 2015. www.reginfo.gov (Information Collection sponsor, and a person is not required to John A. Trelease, Review, Currently Under Review, respond to, a collection of information Agency is Department of the Interior, Acting Chief, Division of Regulatory Support. unless it displays a currently valid OMB DOI–OSMRE). [FR Doc. 2015–14271 Filed 6–10–15; 8:45 am] control number. The OMB control SUPPLEMENTARY INFORMATION: OMB number for this collection of BILLING CODE 4310–05–P regulations at 5 CFR part 1320, which information is 1029–0111. Responses implement provisions of the Paperwork are required to obtain a benefit for this DEPARTMENT OF THE INTERIOR Reduction Act of 1995 (Pub. L. 104–13), collection. require that interested members of the As required under 5 CFR 1320.8(d), a Office of Surface Mining Reclamation public and affected agencies have an Federal Register notice soliciting and Enforcement opportunity to comment on information comments for these collections of collection and recordkeeping activities information was published on March [S1D1S SS08011000 SX066A000 67F [see 5 CFR 1320.8(d)]. OSMRE has 17, 2015 (80 FR 13887). No comments 134S180110; S2D2S SS08011000 SX066A00 submitted a request to OMB to renew its 33F 13xs501520] were received. This notice provides the approval of the collection of information public with an additional 30 days in Notice of Proposed Information contained in 30 CFR part 795— which to comment on the following Collection; Request for Comments for Permanent Regulatory Program—Small information collection activity: 1029–0061 Operator Assistance Program. OSMRE is Title: 30 CFR part 761—Areas requesting a 3-year term of approval for Designated by Act of Congress. AGENCY: Office of Surface Mining the information collection activity. OMB Control Number: 1029–0111. Reclamation and Enforcement, Interior. An agency may not conduct or Summary: OSMRE and State ACTION: Notice and request for sponsor, and a person is not required to regulatory authorities use the comments. respond to, a collection of information information collected under 30 CFR part unless it displays a currently valid OMB 761 to ensure that persons planning to SUMMARY: In compliance with the control number. The OMB control conduct surface coal mining operations Paperwork Reduction Act of 1995, the number for this collection of on the lands protected by § 522(e) of the Office of Surface Mining Reclamation information is 1029–0061. Responses Surface Mining Control and and Enforcement (OSMRE) is are required to obtain a benefit. Reclamation Act of 1977 have the right announcing its intention to request As required under 5 CFR 1320.8(d), a to do so under one of the exemptions or renewed approval for the collection of Federal Register notice soliciting waivers provided by this section of the information for the Permanent comments on these collections of Act. Regulatory Program—Small Operator information was published on March Bureau Form Number: None. Assistance Program (SOAP). This 17, 2015 (80 FR 13887). No comments were received. This notice provides the Frequency of Collection: Once. collection request has been forwarded to public with an additional 30 days in Description of Respondents: 7 the Office of Management and Budget which to comment on the following applicants for certain surface coal mine (OMB) for review and approval. The information collection activities: permits and the corresponding State information collection request describes the nature of the information collection Title: 30 CFR part 795—Permanent regulatory authorities. Regulatory Program—Small Operator Total Annual Responses: 57. and the expected burden and cost. DATES: OMB has up to 60 days to Assistance Program. Total Annual Burden Hours: 267. OMB Control Number: 1029–0061. Total Annual Non-Hour Burden approve or disapprove the information collections but may respond after 30 Summary: This information collection Costs: $1,020. requirement is needed to provide Send comments on the need for the days. Therefore, public comments should be submitted to OMB by July 13, assistance to qualified small mine collections of information for the operators under section 507(c) of P.L. performance of the functions of the 2015, in order to be assured of consideration. 95–87. The information requested will agency; the accuracy of the agency’s provide the regulatory authority with burden estimates; ways to enhance the ADDRESSES: Submit comments to the data to determine the eligibility of the quality, utility and clarity of the Office of Information and Regulatory applicant and the capability and information collections; and ways to Affairs, Office of Management and expertise of laboratories to perform minimize the information collection Budget, Attention: Department of the required tasks. burdens on respondents, such as use of Interior Desk Officer, by telefax at (202) Bureau Form Number: N/A. automated means of collections of the 395–5806 or via email to OIRA_ Frequency of Collection: Once per information, to the individual listed in [email protected]. Also, please application. ADDRESSES. Please refer to OMB control send a copy of your comments to John Description of Respondents: Small number 1029–0111 in all Trelease, Office of Surface Mining operators, laboratories, and State correspondence. Reclamation and Enforcement, 1951 regulatory authorities (SRAs).
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Total Annual Responses: 4. the nature of the information collection Title: 30 CFR part 875—Noncoal Total Annual Burden Hours: 93 and the expected burden and cost. Reclamation. hours. This includes 18 hours per DATES: OMB has up to 60 days to OMB Control Number: 1029–0103. operator to complete form, 1 hour for approve or disapprove the information Summary: This part establishes laboratory to request contract, 70 hours collection but may respond after 30 procedures and requirements for State for SRAs to award laboratory contract, days. Therefore, public comments and Indian tribes to conduct noncoal and 4 hours for SRAs to review should be submitted to OMB by July 13, reclamation using abandoned mine land application and prepare response letter. 2015, in order to be assured of funding. The information is needed to Send comments on the need for the consideration. assure compliance with the Surface collection of information for the Mining Control and Reclamation Act of ADDRESSES: Submit comments to the performance of the functions of the 1977. Office of Information and Regulatory agency; the accuracy of the agency’s Bureau Form Numbers: None. Affairs, Office of Management and burden estimates; ways to enhance the Frequency of Collection: Once. Budget, Attention: Department of the quality, utility and clarity of the Description of Respondents: State Interior Desk Officer, by telefax at (202) information collection; and ways to governments and Indian Tribes. 395–5806 or via email to OIRA_ minimize the information collection Total Annual Responses: 1. [email protected]. Also, please burden on respondents, such as use of Total Annual Burden Hours: 84. send a copy of your comments to John Send comments on the need for the automated means of collection of the Trelease, Office of Surface Mining collection of information for the information, to the places listed under Reclamation and Enforcement, 1951 performance of the functions of the ADDRESSES. Please refer to control Constitution Ave. NW., Room 203—SIB, agency; the accuracy of the agency’s number 1029–0061 in your Washington, DC 20240, or electronically burden estimates; ways to enhance the correspondence. to [email protected]. Please refer to Before including your address, phone quality, utility and clarity of the OMB Control Number 1029–0103 in number, email address, or other information collection; and ways to your correspondence. personal identifying information in your minimize the information collection comment, you should be aware that FOR FURTHER INFORMATION CONTACT: To burden on respondents, such as use of your entire comment–including your receive a copy of the information automated means of collection of the personal identifying information–may collection request, contact John Trelease information, to the places listed under be made publicly available at any time. at (202) 208–2783, or electronically at ADDRESSES. Please refer to control While you can ask us in your comment [email protected]. You may also number 1029–0103 in all to withhold your personal identifying review this information collection correspondence. Before including your address, phone information from public review, we request by going to http:// www.reginfo.gov (Information Collection number, email address, or other cannot guarantee that we will be able to Review, Currently Under Review, personal identifying information in your do so. Agency is Department of the Interior, comment, you should be aware that Dated: June 8, 2015. DOI–OSMRE). your entire comment—including your John A. Trelease, SUPPLEMENTARY INFORMATION: OMB personal identifying information—may Acting Chief, Division of Regulatory Support. regulations at 5 CFR 1320, which be made publicly available at any time. [FR Doc. 2015–14270 Filed 6–10–15; 8:45 am] implement provisions of the Paperwork While you can ask us in your comment BILLING CODE 4310–05–P Reduction Act of 1995 (Pub. L. 104–13), to withhold your personal identifying require that interested members of the information from public review, we public and affected agencies have an cannot guarantee that we will be able to DEPARTMENT OF THE INTERIOR opportunity to comment on information do so. collection and recordkeeping activities Dated: June 8, 2015. Office of Surface Mining Reclamation (see 5 CFR 1320.8(d)). OSMRE has and Enforcement John A. Trelease, submitted a request to OMB to renew its Acting Chief, Division of Regulatory Support. [S1D1S SS08011000 SX066A000 67F approval of the collection of information [FR Doc. 2015–14268 Filed 6–10–15; 8:45 am] 134S180110; S2D2S SS08011000 SX066A00 for 30 CFR part 875—Noncoal 33F 13xs501520] Reclamation. OSMRE is requesting a 3- BILLING CODE 4310–05–P year term of approval for this Notice of Proposed Information information collection activity. Collection; Request for Comments for An agency may not conduct or DEPARTMENT OF JUSTICE 1029–0103 sponsor, and a person is not required to Notice of Lodging of Proposed AGENCY: Office of Surface Mining respond to, a collection of information Consent Decree Under the Reclamation and Enforcement, Interior. unless it displays a currently valid OMB Comprehensive Environmental ACTION: Notice and request for control number. Responses are required Response, Compensation, and Liability comments. to obtain a benefit. The OMB control Act number for this collection of SUMMARY: In compliance with the information is listed in 30 CFR 875.10, On June 4, 2015, the Department of Paperwork Reduction Act of 1995, the which is 1029–0103. Justice lodged a proposed Consent Office of Surface Mining Reclamation As required under 5 CFR 1320.8(d), a Decree with the United States District and Enforcement (OSMRE) is Federal Register notice soliciting Court for the Southern District of announcing that the information comments on these collections of Mississippi, Southern Division in the collection request regarding the information was published on March lawsuit entitled United States of certification of a State or Tribe for 17, 2015 (80 FR 13889). No comments America v. Stewart Gammill III and noncoal reclamation has been forwarded were received. This notice provides the Lynn Crosby Gammill. Civil Action No. to the Office of Management and Budget public with an additional 30 days in 1:12cv134 HSO–RHW. (OMB) for renewed approval. The which to comment on the following The United States had filed a information collection request describes information collection activity: complaint against Lynn Crosby Gammill
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(Mrs. Gammill) and her spouse Stewart Please mail your request and payment functions of the Bureau of Justice Gammill (Mr. Gammill) on April 30, to: Consent Decree Library, U.S. DOJ— Statistics, including whether the 2012. The complaint alleged claims ENRD, P.O. Box 7611, Washington, DC information will have practical utility; against Mr. and Mrs. Gammill under 20044–7611. —Evaluate the accuracy of the agency’s Section 107(a) of the Comprehensive Please enclose a check or money order estimate of the burden of the Environmental Response, Compensation for $5.00 (25 cents per page proposed collection of information, and Liability Act, as amended reproduction costs for 20 pages) payable including the validity of the (CERCLA), 42 U.S.C. 9607(a), for to the United States Treasury. recovery of unreimbursed costs incurred methodology and assumptions used; by the United States with respect to the Henry S. Friedman, —Evaluate whether and if so how the Picayune Wood Treating Superfund Site Assistant Chief, Environmental Enforcement quality, utility, and clarity of the located in Picayune, Pearl River County, Section, Environment and Natural Resources information to be collected can be Division. Mississippi (the Site). By a Consent enhanced; and Decree entered in this case by the [FR Doc. 2015–14253 Filed 6–10–15; 8:45 am] BILLING CODE 4410–15–P — Minimize the burden of the United States District Court for the collection of information on those District of Mississippi, Southern who are to respond, including Division on September 17, 2013, Mr. through the use of appropriate Gammill paid $2 million in resolution DEPARTMENT OF JUSTICE automated, electronic, mechanical, or of the claims asserted against him. [OMB Number 1110–0061] The United States has agreed to other technological collection resolve the claims against Mrs. Gammill Agency Information Collection techniques or other forms of in the proposed Consent Decree under Activities; Proposed eCollection information technology, e.g., the following terms: Mrs. Gammill will eComments Requested; Approval of permitting electronic submission of pay the United States $1,723,722.00 an Extension of a Currently Approved responses. plus interest. Mrs. Gammill may pay in Collection; Request To Change III/NGI Overview of this information two installments: The first installment Base Identifier(s) (1–542) of $574,574 within thirty days of Decree collection: entry, with the remaining $1,149,148, AGENCY: Federal Bureau of (1) Type of Information Collection: plus interest, due one year later. Investigation, Department of Justice. Extension of a currently approved The United States covenants not to ACTION: 60-Day Notice. collection. sue under CERCLA Sections 106 and (2) The Title of the Form/Collection: 107 subject to statutory reopeners and SUMMARY: The Department of Justice (DOJ), Federal Bureau of Investigation Request to Change III/NGI Base other reserved rights. The covenants are Identifier(s). conditioned upon the satisfactory (FBI), Criminal Justice Information performance of all obligations under the Services (CJIS) Division, will be (3) The agency form number, if any, Consent Decree. submitting the following information and the applicable component of the The publication of this notice opens collection request to the Office of Department sponsoring the collection: a period for public comment on the Management and Budget (OMB) for 1–542. review and approval in accordance with Consent Decree. Comments should be (4) Affected public who will be asked the Paperwork Reduction Act of 1995. addressed to the Assistant Attorney or required to respond, as well as a brief General, Environment and Natural DATES: Comments are encouraged and abstract: Primary: City, county, state, Resources Division, and should refer to will be accepted for 60 days until federal and tribal law enforcement United States of America v. Stewart August 10, 2015. agencies. This collection is needed to Gammill III and Lynn Crosby Gammill. FOR FURTHER INFORMATION CONTACT: If report completion of an identity history Civil Action No. 1:12cv134 HSO–RHW; you have additional comments summary. Acceptable data is stored as D.J. Ref. No. 90–11–2–09451/1. All especially on the estimated public part of the Next Generation comments must be submitted no later burden or associated response time, Identification (NGI) system of the FBI. than thirty (30) days after the suggestions, or need a copy of the publication date of this notice. proposed information collection (5) An estimate of the total number of Comments may be submitted either by instrument with instructions or respondents and the amount of time email or by mail: additional information, please contact estimated for an average respondent to Gerry Lynn Brovey, Supervisory respond: It is estimated that To submit Information Liaison Specialist, FBI, approximately 114,000 agencies will comments: Send them to: CJIS, Resources Management Section, complete each form within fifteen minutes. By email ...... pubcomment-ees.enrd@ Administrative Unit, Module C–2, 1000 usdoj.gov. Custer Hollow Road, Clarksburg, West (6) An estimate of the total public By mail ...... Assistant Attorney General, Virginia 26306 (facsimile: 304–625– burden (in hours) associated with the U.S. DOJ—ENRD, P.O. 5093). collection: There are an estimated Box 7611, Washington, DC 28,500 total annual burden hours 20044–7611. SUPPLEMENTARY INFORMATION: Written comments and suggestions from the associated with this collection. During the public comment period, public and affected agencies concerning If additional information is required the Consent Decree may be examined the proposed collection of information contact: Jerri Murray, Department and downloaded at this Justice are encouraged. Your comments should Clearance Officer, United States Department Web site: http:// address one or more of the following Department of Justice, Justice www.justice.gov/enrd/consent-decrees. four points: Management Division, Policy and We will provide a paper copy of the —Evaluate whether the proposed Planning Staff, Two Constitution Consent Decree upon written request collection of information is necessary Square, 145 N Street NE., 3E.405B, and payment of reproduction costs. for the proper performance of the Washington, DC 20530.
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Dated: June 8, 2015. • Minimize the burden of the DEPARTMENT OF JUSTICE Jerri Murray, collection of information on those who Department Clearance Officer for PRA, U.S. are to respond, including through the Office of Justice Programs Department of Justice. use of appropriate automated, [FR Doc. 2015–14281 Filed 6–10–15; 8:45 am] electronic, mechanical, or other [OJP (BJA) Docket No. 1690] BILLING CODE 4410–02–P technological collection techniques or other forms of information technology, Conference Call Meeting of the e.g., permitting electronic submission of Department of Justice’s (DOJ’s) DEPARTMENT OF JUSTICE responses. National Motor Vehicle Title Information System (NMVTIS) Federal [OMB Number 1140–0096] Overview of this information Advisory Committee collection 1140–0096: Agency Information Collection 1. Type of Information Collection: AGENCY: Office of Justice Programs Activities; Proposed eCollection (OJP), Justice. eComments Requested; Environmental Extension without change of an existing Information collection. ACTION: Notice of conference call 2. The Title of the Form/Collection: meeting. AGENCY: Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Environmental Information. SUMMARY: This is an announcement of a Justice. 3. The agency form number, if any, conference call meeting of DOJ’s ACTION: 60-day notice. and the applicable component of the National Motor Vehicle Title Department sponsoring the collection: Information System (NMVTIS) Federal SUMMARY: The Department of Justice Form number: ATF Form 5000.29. Advisory Committee to discuss various (DOJ), Bureau of Alcohol, Tobacco, issues relating to the operation and Firearms and Explosives (ATF), will Component: Bureau of Alcohol, implementation of NMVTIS. Tobacco, Firearms and Explosives, U.S. submit the following information DATES: The conference call meeting will Department of Justice. collection request to the Office of take place on Monday, June 15, 2015, Management and Budget (OMB) for 4. Affected public who will be asked from 1:00 p.m. to 3:00 p.m. ET. review and approval in accordance with or required to respond, as well as a brief the Paperwork Reduction Act of 1995. ADDRESSES: The meeting will take place abstract: as a conference call hosted by the DATES: Comments are encouraged and Primary: Individual or households. Bureau of Justice Assistance. will be accepted for 60 days until August 10, 2015. Other: None. FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: If Abstract: The information will help Todd Brighton, Designated Federal you have additional comments ATF identify any waste product(s) Employee (DFE), Bureau of Justice especially on the estimated public generated as a result of the operations Assistance, Office of Justice Programs, burden or associated response time, by the applicant and the disposal of the 810 7th Street NW., Washington, DC suggestions, or need a copy of the products. The information will help 20531; Phone: (202) 616–3879 [note: proposed information collection determine if there is any adverse impact this is not a toll-free number]; Email: [email protected]. instrument with instructions or on the environment. additional information, please contact 5. An estimate of the total number of SUPPLEMENTARY INFORMATION: This Christopher Reeves, Chief, Federal respondents and the amount of time conference call meeting is open to the Explosives Licensing Center at estimated for an average respondent to public. Members of the public who wish [email protected], 244 Needy respond: An estimated 680 respondents to dial into the call must register with Road, Martinsburg, WV 25405. Mr. Brighton at the above email address will take 30 minutes to complete the SUPPLEMENTARY INFORMATION: at least seven (7) days in advance of the This form. process is conducted in accordance with meeting. Anyone requiring special 5 CFR 1320.10. Written comments and 6. An estimate of the total public accommodations should notify Mr. suggestions from the public and affected burden (in hours) associated with the Brighton at least seven (7) days in agencies concerning the proposed collection: The estimated annual public advance of the meeting. burden associated with this collection is collection of information are Purpose encouraged. Your comments should 340 hours. address one or more of the following If additional information is required The NMVTIS Federal Advisory four points: contact: Jerri Murray, Department Committee will provide input and • Evaluate whether the proposed Clearance Officer, United States recommendations to the Office of Justice collection of information is necessary Department of Justice, Justice Programs (OJP) regarding the operations and administration of NMVTIS. The for the proper performance of the Management Division, Policy and functions of the agency, including primary duties of the NMVTIS Federal Planning Staff, Two Constitution whether the information will have Advisory Committee will be to advise Square, 145 N Street NE., Room 3E– practical utility; the Bureau of Justice Assistance (BJA) • Evaluate the accuracy of the 405B, Washington, DC 20530. Director on NMVTIS-related issues, agency’s estimate of the burden of the Dated: June 8, 2015. including but not limited to: proposed collection of information, Jerri Murray, Implementation of a system that is self- including the validity of the Department Clearance Officer for PRA, U.S. sustainable with user fees; options for methodology and assumptions used; Department of Justice. alternative revenue-generating • Evaluate whether and if so how the [FR Doc. 2015–14265 Filed 6–10–15; 8:45 am] opportunities; determining ways to quality, utility, and clarity of the enhance the technological capabilities information to be collected can be BILLING CODE 4410–FY–P of the system to increase its flexibility; enhanced; and and options for reducing the economic
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burden on current and future reporting FOR FURTHER INFORMATION CONTACT: employed; and what were their entities and users of the system. Luke Murren at 202–693–3733 or earnings. [email protected]. Information is collected on the ETA Todd Brighton, SUPPLEMENTARY INFORMATION: 9002 and VETS 200 reports under the NMVTIS Enforcement Coordinator, Bureau of following authority: Justice Assistance, Office of Justice Programs. I. Background • Wagner-Peyser Act sec. 3(a), 29 [FR Doc. 2015–13779 Filed 6–10–15; 8:45 am] Each quarter, States and territories U.S.C. 49b(a) BILLING CODE 4410–18–P submit data on individuals and • Wagner-Peyser Act sec. 3(c), 29 employers who receive core U.S.C. 49b(c) employment and workforce information • Wagner-Peyser Act sec. 7(b), 29 DEPARTMENT OF LABOR services through the public labor U.S.C. 49f(b) • Wagner-Peyser Act sec. 10(c), 29 Employment and Training exchange and VETS funded labor U.S.C. 49i(c) Administration exchange of the States’ one-stop delivery systems. These data are used by • Wagner-Peyser Act sec. 13(a), 29 Comment Request for Information ETA and VETS to evaluate performance U.S.C. 49l(a) Collection for the Labor Exchange and delivery of labor exchange services • Wagner-Peyser Act sec. 15(e)(2)(I), Reporting System (LERS), OMB within the one-stop delivery system. 29 U.S.C. 49l–2(e)(2)(I) Control No. 1205–0240, Extension With ETA and VETS use the data to track • Provisional Guidance on the Minor Revisions total participants, their characteristics, Implementation of the 1997 Standards services provided, and outcomes for job for Federal Data on Race and Ethnicity, AGENCY: Employment and Training seekers. Additionally, ETA and VETS Executive Office of the President, Office Administration (ETA), Labor. analyze the data to verify the delivery of of Management and Budget (66 FR ACTION: Notice. core labor exchange services within the 3829–3831); and ‘‘Revisions to the Workforce Investment Act of 1998 Standards for Maintaining, Collecting, SUMMARY: The Department of Labor (WIA) framework; to study performance and Presenting Federal Data on Race (Department), as part of its continuing outcomes vis-a`-vis performance and Ethnicity, (62 FR 58781–58790). effort to reduce paperwork and measures, and State policies and • Priority of Service for veterans in respondent burden, conducts a procedures; and to help drive the Department of Labor job training preclearance consultation program to workforce investment system toward programs sec. 38 U.S.C. 4215(a)(2). provide the public and Federal agencies continuous improvement of outcomes In 2012, ETA modified the reporting with an opportunity to comment on and integrated service delivery. Within system to collect several additional proposed and/or continuing collections ETA, the data are used by the Office of statutorily required pieces of of information in accordance with the Workforce Investment, the Office of information. The first of which pertains Paperwork Reduction Act of 1995 [44 Unemployment Insurance, the Office of to the priority of service provisions U.S.C. 3506(c)(2)(A)] (PRA). The PRA Financial Administration, the Office of contained in the Jobs for Veterans Act helps ensure that respondents can Policy Development and Research, and (Pub. L.107–288). These provisions provide requested data in the desired the Office of Regional Management provide that veterans and spouses of format with minimal reporting burden (including the regional offices). Other veterans (together comprising the (time and financial resources), Departmental users include the Office of category of covered persons) are entitled collection instruments are clearly the Assistant Secretary for Employment to priority over non-covered persons for understood, and the impact of collection and Training and the Office of the the receipt of employment, training, and requirements on respondents can be Assistant Secretary for Policy. placement services provided under new properly assessed. The reports and other analyses of the or existing qualified job training Currently, ETA is soliciting comments data are made available to the States, programs. Qualified job training concerning the collection of data about members of Congress, veterans’ programs are defined at 38 U.S.C. LERS, which facilitates reporting for the organizations, research firms, and others 4215(a)(2) as any workforce preparation, Wagner-Peyser Act through the ETA needing information on public development or delivery program or 9002 reports and for Veterans’ employment and workforce information service that is directly funded, in whole Employment and Training Service services. Data on Wagner-Peyser Act or in part, by the Department. (VETS) through the VETS 200 reports. funded public labor exchange is Additional items are required under The current expiration date is August included in the WIA annual report to Pub. L. 112–56, Title II, Vow to Hire 31, 2015. Congress. VETS funded labor exchange Heroes, Sections 238 and 239, and DATES: Submit written comments to the services are provided to Congress to pertain to: (1) Performance measures on office listed in the addresses section meet VETS reporting requirements job counseling, training and placement below on or before August 10, 2015. codified in Title 38 of the United States programs of the Department, and; (2) ADDRESSES: Send written comments to Code. clarifications of priority of service for Karen Staha, Office of Policy Currently, LERS is the only veterans in the Department’s job Development and Research, Room N– mechanism for collecting performance training programs. 5641, Employment and Training information on Wagner-Peyser Act These requirements impacted both the Administration, U.S. Department of funded and Jobs for Veterans’ state ETA 9002 and VETS 200 reports. Lastly, Labor, 200 Constitution Avenue NW., grants. As such, this set of reports is the expansive focus on veteran Washington, DC 20210. Telephone necessary for tracking and reporting to reemployment initiatives has number: 202–693–3700 (this is not a stakeholders data on the usage and necessitated collection of additional toll-free number). Fax: 202–693–2766. performance of these programs. More information on groups of veterans (such Email: [email protected]. To obtain specifically, these reports are used to as Post 9/11 era veterans), targeted a copy of the proposed information monitor the core purpose of the services they received, and additional collection request (ICR), please contact program—mainly, tracking how many aspects of their outcomes in order to the person listed above. people found jobs; did people stay monitor and oversee their effectiveness.
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II. Review Focus DEPARTMENT OF LABOR docket, go to http://www.regulations.gov or the OSHA Docket Office at the The Department is particularly Occupational Safety and Health address above. All documents in the interested in comments which: Administration docket (including this Federal Register • Evaluate whether the proposed [Docket No. OSHA–2012–0005] notice) are listed in the http:// collection of information is necessary www.regulations.gov index; however, for the proper performance of the The Cadmium in General Industry some information (e.g., copyrighted functions of the agency, including Standard; Extension of the Office of material) is not publicly available to whether the information will have Management and Budget Approval of read or download from the Web site. All practical utility; Collection of Information (Paperwork) submissions, including copyrighted • Requirements material, are available for inspection evaluate the accuracy of the and copying at the OSHA Docket Office. agency’s estimate of the burden of the AGENCY: Occupational Safety and Health You may also contact Theda Kenney at proposed collection of information, Administration (OSHA), Labor. the address below to obtain a copy of including the validity of the ACTION: Request for public comments. the ICR. methodology and assumptions used; SUMMARY: OSHA solicits public FOR FURTHER INFORMATION CONTACT: • enhance the quality, utility, and comments concerning its proposal to Theda Kenney or Todd Owen, clarity of the information to be extend the Office of Management and Directorate of Standards and Guidance, collected; and Budget’s (OMB) approval of the OSHA, U.S. Department of Labor, Room • minimize the burden of the collection of information requirements N–3609, 200 Constitution Avenue NW., collection of information on those who contained in the Cadmium in General Washington, DC 20210; telephone (202) are to respond, including through the Industry Standard (29 CFR 1910.1027). 693–2222. use of appropriate automated, DATES: Comments must be submitted SUPPLEMENTARY INFORMATION: electronic, mechanical, or other (postmarked, sent, or received) by I. Background technological collection techniques or August 10, 2015. The Department of Labor, as part of its other forms of information technology, ADDRESSES: continuing effort to reduce paperwork e.g., permitting electronic submissions Electronically: You may submit and respondent (i.e., employer) burden, of responses. comments and attachments electronically at http:// conducts a preclearance consultation III. Current Actions www.regulations.gov, which is the program to provide the public with an Federal eRulemaking Portal. Follow the opportunity to comment on proposed Type of Review: Extension with minor instructions online for submitting and continuing collection of revisions. comments. information requirements in accord Title: Labor Exchange Reporting Facsimile: If your comments, with the Paperwork Reduction Act of System (LERS). including attachments, are not longer 1995 (PRA–95) (44 U.S.C. 3506(c)(2)(A)). This program ensures OMB Number: 1205–0240. than 10 pages you may fax them to the OSHA Docket Office at (202) 693–1648. that information is in the desired Affected Public: State, local, and tribal Mail, hand delivery, express mail, format, reporting burden (time and government entities and private non- messenger, or courier service: When costs) is minimal, collection profit organizations. using this method, you must submit instruments are clearly understood, and Form(s): ETA–9002, VETS–200, your comments and attachments to the OSHA’s estimate of the information Employment and Training (ET) OSHA Docket Office, Docket No. collection burden is accurate. The Handbook No. 406, Employment Service OSHA–2012–0005, Occupational Safety Occupational Safety and Health Act of Record Layout. and Health Administration, U.S. 1970 (the OSH Act) (29 U.S.C. 651 et Department of Labor, Room N–2625, seq.) authorizes information collection Total Annual Respondents: 54. 200 Constitution Avenue NW., by employers as necessary or Annual Frequency: Quarterly. Washington, DC 20210. Deliveries appropriate for enforcement of the OSH Total Annual Responses: 1,944. (hand, express mail, messenger, and Act or for developing information courier service) are accepted during the regarding the causes and prevention of Average Time per Response: 237 Department of Labor’s and Docket occupational injuries, illnesses, and hours. Office’s normal business hours, 8:15 accidents (29 U.S.C. 657). The OSH Act Estimated Total Annual Burden a.m. to 4:45 p.m., e.t. also requires that OSHA obtain such Hours: 461,050. Instructions: All submissions must information with minimum burden upon employers, especially those Total Annual Burden Cost for include the Agency name and the OSHA operating small businesses, and to Respondents: $0. docket number (OSHA–2012–0005) for the Information Collection Request reduce to the maximum extent feasible We will summarize and/or include in (ICR). All comments, including any unnecessary duplication of efforts in the request for OMB approval of the personal information you provide, are obtaining information (29 U.S.C. 657). ICR, the comments received in response placed in the public docket without The collection of information to this comment request; they will also change, and may be made available requirements specified in the Cadmium become a matter of public record. online at http://www.regulations.gov. in General Industry Standard protect For further information on submitting workers from the adverse health effects Portia Wu, comments see the ‘‘Public that may result from their exposure to Assistant Secretary for Employment and Participation’’ heading in the section of cadmium. The major collection of Training, Labor. this notice titled SUPPLEMENTARY information requirements of the [FR Doc. 2015–14300 Filed 6–10–15; 8:45 am] INFORMATION. Standard include: Conducting worker BILLING CODE 4510–FN–P Docket: To read or download exposure monitoring, notifying workers comments or other material in the of their cadmium exposures,
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implementing a written compliance Estimated Total Burden Hours: directed the preparation of this notice. program, implementing medical 75,998. The authority for this notice is the surveillance of workers, providing Estimated Cost (Operation and Paperwork Reduction Act of 1995 (44 examining physicians with specific Maintenance): $5,407,985. U.S.C. 3506 et seq.) and Secretary of information, ensuring that workers IV. Public Participation—Submission of Labor’s Order No. 1–2012 (77 FR 3912). receive a copy of their medical Comments on This Notice and Internet Signed at Washington, DC, on June 8, 2015. surveillance results, maintaining Access to Comments and Submissions David Michaels, workers’ exposure monitoring and You may submit comments in Assistant Secretary of Labor for Occupational medical surveillance records for specific Safety and Health. periods, and providing access to these response to this document as follows: records to the workers who are the (1) Electronically at http:// [FR Doc. 2015–14293 Filed 6–10–15; 8:45 am] subject of the records, the worker’s www.regulations.gov, which is the BILLING CODE 4510–26–P representative, and other designated Federal eRulemaking Portal; (2) by parties. facsimile; or (3) by hard copy. All comments, attachments, and other DEPARTMENT OF LABOR II. Special Issues for Comment material must identify the Agency name and the OSHA docket number for this Occupational Safety and Health OSHA has a particular interest in Administration comments on the following issues: ICR (Docket No. OSHA–2012–0005). • Whether the proposed collection of You may supplement electronic [Docket No. OSHA–2011–0747] information requirements are necessary submissions by uploading document Blasting and the Use of Explosives; for the proper performance of the files electronically. If you wish to mail Extension of the Office of Management Agency’s functions, including whether additional materials in reference to an and Budget Approval of Information the information is useful; electronic or facsimile submission, you Collection (Paperwork) Requirements • The accuracy of OSHA’s estimate of must submit them to the OSHA Docket Office (see the section of this notice the burden (time and costs) of the AGENCY: Occupational Safety and Health titled ADDRESSES). The additional collection of information requirements, Administration (OSHA), Labor. materials must clearly identify your including the validity of the ACTION: Request for public comments. methodology and assumptions used; electronic comments by your name, • The quality, utility, and clarity of date, and the docket number so the SUMMARY: OSHA solicits public the information collected; and Agency can attach them to your comments concerning its proposal to • Ways to minimize the burden on comments. extend the Office of Management and Because of security procedures, the employers who must comply; for Budget’s (OMB) approval of the use of regular mail may cause a example, by using automated or other information collection requirements significant delay in the receipt of technological information collection specified in the Standard on Blasting comments. For information about and transmission techniques. and the Use of Explosives (29 CFR part security procedures concerning the 1926, subpart U). III. Proposed Actions delivery of materials by hand, express delivery, messenger, or courier service, DATES: Comments must be submitted OSHA is requesting an adjustment (postmarked, sent, or received) by decrease of 8,309 burden hours (from please contact the OSHA Docket Office at (202) 693–2350, (TTY (877) 889– August 10, 2015. 84,307 to 75,998 burden hours). The ADDRESSES: reduction is primarily the result of the 5627). Comments and submissions are Electronically: You may submit determination that training delivery posted without change at http:// comments and attachments does not constitute a collection of www.regulations.gov. Therefore, OSHA electronically at http:// information under PRA–95. The Agency cautions commenters about submitting www.regulations.gov, which is the estimates an increase in the number of personal information such as their Federal eRulemaking Portal. Follow the exposed workers based upon updated social security number and date of birth. instructions online for submitting data. As a result, the operation and Although all submissions are listed in comments. maintenance costs have increased from the http://www.regulations.gov index, Facsimile: If your comments, $4,799,475 to $5,407,985, a total some information (e.g., copyrighted including attachments, are not longer increase of $608,510 due to increased material) is not publicly available to than 10 pages you may fax them to the cost estimates for exposure monitoring read or download from this Web site. OSHA Docket Office at (202) 693–1648. sampling and medical exams. All submissions, including copyrighted Mail, hand delivery, express mail, Type of Review: Extension of a material, are available for inspection messenger, or courier service: When currently approved collection. and copying at the OSHA Docket Office. using this method, you must submit a Title: Cadmium in General Industry Information on using the http:// copy of your comments and attachments (29 CFR 1910.1027). www.regulations.gov Web site to submit to the OSHA Docket Office, Docket No. OMB Control Number: 1218–0185. comments and access the docket is OSHA–2011–0747, Occupational Safety Affected Public: Businesses or other available at the Web site’s ‘‘User Tips’’ and Health Administration, U.S. for-profits. link. Contact the OSHA Docket Office Department of Labor, Room N–2625, Number of Respondents: 49,734. for information about materials not 200 Constitution Avenue NW., Frequency of Response: On occasion; available from the Web site, and for Washington, DC 20210. Deliveries Quarterly; Biennially; Semi-annually; assistance in using the Internet to locate (hand, express mail, messenger, and Annually. docket submissions. courier service) are accepted during the Total Responses: 236,630. Department of Labor’s and Docket Average Time per Response: Varies V. Authority and Signature Office’s normal business hours, 8:15 from 5 minutes (.08 hour) to maintain David Michaels, Ph.D., MPH, a.m. to 4:45 p.m., e.t. records to 1.5 hours to complete a Assistant Secretary of Labor for Instructions: All submissions must medical examination. Occupational Safety and Health, include the Agency name and the OSHA
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docket number (OSHA–2011–0747) for unnecessary duplication of efforts in explosives and blasting agents stored for the Information Collection Request obtaining information (29 U.S.C. 657). the operation. (ICR). All comments, including any The Standard on Blasting and the Use § 1926.909(a)—Employers must post a personal information you provide, are of Explosives (29 CFR part 1926, subpart code of blasting signals at one or more placed in the public docket without U) specifies a number of paperwork conspicuous places at the operation site. change, and may be made available requirements. The following is a brief Additionally, all employees shall online at http://www.regulations.gov. description of the collection of familiarize themselves with the code For further information on submitting information requirements contained in and conform to it at all times. Danger comments, see the ‘‘Public the Subpart. signs warning of blasting agents shall Participation’’ heading in the section of General Provisions (§ 1926.900) also be placed at suitable locations. this notice titled SUPPLEMENTARY II. Special Issues for Comment INFORMATION. § 1926.900(d)—Paragraph (d) states Docket: To read or download that employers must ensure that OSHA has a particular interest in comments or other material in the explosives not in use are kept in a comments on the following issues: docket, go to http://www.regulations.gov locked magazine, unavailable to persons • Whether the proposed information or the OSHA Docket Office at the not authorized to handle explosives. collection requirements are necessary address above. All documents in the The employer must maintain an for the proper performance of the docket (including this Federal Register inventory and use record for all Agency’s functions, including whether notice) are listed in the http:// explosives—in use and not in use. In the information is useful; www.regulations.gov index; however, addition, the employer must notify the • The accuracy of OSHA’s estimate of some information (e.g., copyrighted appropriate authorities in the event of the burden (time and costs) of the material) is not publicly available to any loss, theft, or unauthorized entry information collection requirements, read or download from the Web site. All into a magazine. including the validity of the § 1926.900(k)(3)(i)—Paragraph (k)(3)(i) submissions, including copyrighted methodology and assumptions used; requires employers to display adequate material, are available for inspection • The quality, utility, and clarity of signs warning against the use of mobile and copying at the OSHA Docket Office. the information collected; and radio transmitters on all roads within You may also contact Theda Kenney at • Ways to minimize the burden on 1,000 feet of blasting operations to the address below to obtain a copy of employers who must comply; for prevent the accidental discharge of the ICR. example, by using automated or other electric blasting caps caused by current technological information collection FOR FURTHER INFORMATION CONTACT: induced by radar, radio transmitters, and transmission techniques. Theda Kenney or Todd Owen, lightening, adjacent power lines, dust Directorate of Standards and Guidance, storms, or other sources of extraneous III. Proposed Actions OSHA, Room N–3609, 200 Constitution electricity. The employer must certify Avenue NW., Washington, DC 20210, The Agency is requesting an overall and maintain a record of alternative adjustment increase of 372 burden telephone: (202) 693–2222. provisions made to adequately prevent SUPPLEMENTARY INFORMATION: hours (from 1,294 hours to 1,666 hours). any premature firing of electric blasting As a result of the growth in the I. Background caps. construction industry, OSHA increased § 1926.900(o)—Employers must notify the number of sites, from 160 to 201, The Department of Labor, as part of its the operators and/or owners of overhead that would develop and certify an continuing effort to reduce paperwork power lines, communication lines, alternative plan when signs are and respondent (i.e., employer) burden, utility lines, or other services and infeasible to prevent premature conducts a preclearance consultation structures when blasting operations will detonation. In addition, OSHA took into program to provide the public with an take place in proximity to those lines, account the burden for all employers to opportunity to comment on proposed services, or structures. and continuing information collection § 1926.903(d)—The employer must maintain their alternative plan at the requirements in accord with the notify the hoist operator prior to 201 sites having such plans. These Paperwork Reduction Act of 1995 transporting explosives or blasting increases offset the minor reduction in (PRA–95) (44 U.S.C. 3506(c)(2)(A)). This agents in a shaft conveyance. burden hours resulting from excluding program ensures that information is in § 1926.903(e)—Employers must burden hours for employers to provide the desired format, reporting burden perform weekly inspections on the the alternative plans to OSHA during a (time and costs) is minimal, collection electrical system of trucks used for compliance inspection. Such inspection instruments are clearly understood, and underground transportation of activities are not covered by the PRA OSHA’s estimate of the information explosives. The weekly inspection is to (see 5 CFR 1320.4). In addition, the collection burden is accurate. The detect any failure in the system which Agency also increased the number of Occupational Safety and Health Act of would constitute an electrical hazard. instances where trucks transport 1970 (the OSH Act) (29 U.S.C. 651 et The most recent certification of explosives underground, from one to seq.) authorizes information collection inspection must be maintained and four jobs. by employers as necessary or must include the date of inspection, a Type of Review: Extension of a appropriate for enforcement of the OSH serial number or other identifier of the currently approved collection. Act or for developing information truck inspected, and the signature of the Title: Blasting and the Use of regarding the causes and prevention of person who performed the inspection. Explosives (29 CFR part 1926, subpart occupational injuries, illnesses, and § 1926.905(t)—Under § 1926.905(t), U). accidents (29 U.S.C. 657). the blaster must maintain an accurate OMB Control Number: 1218–0217. The OSH Act also requires that OSHA and up-to-date record of explosives, Affected Public: Businesses or other obtain such information with minimum blasting agents, and blasting supplies for-profits. burden upon employers, especially used in a blast. In addition, the Total Number of Respondents: 201. those operating small businesses, and to employer must also maintain an Frequency of Responses: On occasion. reduce to the maximum extent feasible accurate running inventory of all Total Number of Responses: 818.
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Average Time per Response: Time assistance in using the Internet to locate medical attention. There was one varies from 5 minutes (.08 hour) to docket submissions. passenger fatality. notify a hoist operator of blasting agents V. Authority and Signature The investigative hearing will discuss to 8 hours to develop an alternative plan the following issue areas: if an employer is unable to display David Michaels, Ph.D., MPH, • State of WMATA’s Infrastructure; adequate signs warning against the use Assistant Secretary of Labor for • of mobile radio transmitters during Occupational Safety and Health, Emergency Response Efforts; blasting operations. directed the preparation of this notice. • WMATA’s Organizational Culture; Estimated Total Burden Hours: 1,666. The authority for this notice is the and Estimated Cost (Operation and Paperwork Reduction Act of 1995 (44 • Federal Transit Administration and Maintenance): $0. U.S.C. 3506 et seq.) and Secretary of Tri-State Oversight Committees Efforts Labor’s Order No. 1–2012 (77 FR 3911, IV. Public Participation—Submission of for Public Transportation safety. January 25, 2012). Comments on This Notice and Internet Parties to the hearing will include the Access to Comments and Submissions Signed at Washington, DC, on June 8, 2015. Federal Transit Administration, You may submit comments in David Michaels, WMATA, Tri-State Oversight response to this document as follows: Assistant Secretary of Labor for Occupational Committee, Amalgamated Transit Safety and Health. (1) Electronically at http:// Union, International Association of Fire www.regulations.gov, which is the [FR Doc. 2015–14294 Filed 6–10–15; 8:45 am] Fighters, and District of Columbia (DC) Federal eRulemaking Portal; (2) by BILLING CODE 4510–26–P Emergency Services, which includes facsimile (fax); or (3) by hard copy. All three DC departments. comments, attachments, and other At the start of the hearing, the public material must identify the Agency name NATIONAL TRANSPORTATION docket will be opened. Included in the and the OSHA docket number for SAFETY BOARD docket are photographs, interview (Docket No. OSHA–2011–0747) the ICR. Investigative Hearing transcripts, and other documents. You may supplement electronic Order of Proceedings submissions by uploading document On Tuesday, June 23, 2015, the files electronically. If you wish to mail National Transportation Safety Board 1. Opening Statement by the Chairman additional materials in reference to an (NTSB) will convene a two-day of the Board of Inquiry electronic or facsimile submission, you investigative hearing to gather 2. Introduction of the Board of Inquiry must submit them to the OSHA Docket additional factual information for the and Technical Panel Office (see the section of this notice ongoing investigation of the Washington titled ADDRESSES). The additional Metropolitan Area Transit Authority 3. Introduction of the Parties to the materials must clearly identify your Metrorail (WMATA) train 302 that Hearing electronic comments by your name, encountered heavy smoke in the tunnel 4. Introduction of Exhibits by Hearing date, and the docket number so the between the L’Enfant Plaza Station and Officer Agency can attach them to your the Potomac River Bridge on January 12, 5. Overview of the incident and the comments. 2015. The NTSB Chairman Christopher investigation by Investigator-In- Because of security procedures, the Hart will preside over the investigative Charge use of regular mail may cause a hearing. The Board of Inquiry consists 6. Calling of Witnesses by Hearing significant delay in the receipt of of Chairman Hart, Vice Chairman Dinh- Officer and Examination of Witness comments. For information about Zarr and Members Sumwalt and by Board of Inquiry, Technical security procedures concerning the Weener. Panel, and Parties delivery of materials by hand, express On January 12, 2015, about 3:15 p.m. delivery, messenger, or courier service, eastern standard time, Washington 7. Closing Statement by the Chairman of please contact the OSHA Docket Office Metropolitan Area Transit Authority the Board of Inquiry at (202) 693–2350, (TTY (877) 889– (WMATA) Metrorail train 302 stopped The hearing docket is DCA15FR004. 5627). after encountering an accumulation of The Investigative Hearing will be held Comments and submissions are heavy smoke while traveling in the NTSB Board Room and posted without change at http:// southbound in a tunnel between the Conference Center, located at 429 www.regulations.gov. Therefore, OSHA L’Enfant Plaza Station and the Potomac L’Enfant Plaza E, SW., Washington, DC, cautions commenters about submitting River Bridge. After stopping, the rear car on Tuesday, June 23, 2015 and personal information, such as social of the train was about 386 feet from the Wednesday, June 24, 2015, beginning at security number and date of birth. south end of the L’Enfant Plaza Station 9:00 a.m. The public can view the Although all submissions are listed in platform. hearing in person or by live webcast at A following train, stopped at the the http://www.regulations.gov index, www.ntsb.gov. Webcast archives are L’Enfant Plaza Station at about 3:23 some information (e.g., copyrighted generally available by the end of the p.m., and was also affected by the heavy material) is not publicly available to next day following the hearing, and smoke. This train stopped about 100 feet read or download from this Web site. webcasts are archived for a period of 3 short of the south end of the platform. All submissions, including copyrighted months from after the date of the event. material, are available for inspection Passengers of both trains, as well as and copying at the OSHA Docket Office. passengers on the station platforms, Individuals requiring reasonable Information on using the http:// were exposed to the heavy smoke. accommodation and/or wheelchair www.regulations.gov Web site to submit Both Metrorail trains involved in this access directions should contact Ms. comments and access the docket is incident consisted of six passenger cars Rochelle Hall at (202) 314–6305 or by available at the Web site’s ‘‘User and were about 450 feet in length. As a email at [email protected] by Tips’’ link. Contact the OSHA Docket result of the smoke, 86 passengers were Friday, June 19, 2015. Office for information about materials transported to local medical facilities for NTSB Media Contact: Mr. Peter not available from the Web site, and for treatment; another nine people sought Knudson—[email protected]
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NTSB Investigative Hearing Officer: • NRC’s Agencywide Documents Based on the results of the EA Dr. Kristin Poland—Kristin.Poland@ Access and Management System documented herein, the NRC has ntsb.gov. (ADAMS): You may obtain publicly determined not to prepare an available documents online in the NRC environmental impact statement for the Candi R. Bing, Public Documents collection at http:// proposed license amendments and is Federal Register Liaison Officer. www.nrc.gov/reading-rm/adams.html. issuing a finding of no significant [FR Doc. 2015–14259 Filed 6–10–15; 8:45 am] To begin the search, select ‘‘ADAMS impact (FONSI), in accordance with 10 BILLING CODE 7533–01–P Public Documents’’ and then select CFR 51.32. ‘‘Begin Web-based ADAMS Search.’’ For II. Environmental Assessment problems with ADAMS, please contact NUCLEAR REGULATORY the NRC’s Public Document Room (PDR) Plant Site and Environs COMMISSION reference staff at 1–800–397–4209, 301– Salem is a two-unit station with 415–4737, or by email to pdr.resource@ pressurized water reactors that use a [Docket Nos. 50–272, 50–311, and 50–354; nrc.gov. The ADAMS accession number NRC–2015–0148] once-through cooling system that for each document referenced in this withdraws water from and discharges PSEG Nuclear, LLC; Salem Nuclear notice (if that document is available in heated water to the Delaware Estuary. Generating Station, Unit Nos. 1 and 2 ADAMS) is provided the first time that Hope Creek is a one-unit station with a Hope Creek Generating Station a document is referenced. For the boiling-water reactor that uses a closed- convenience of the reader, the ADAMS cycle cooling water system that includes AGENCY: Nuclear Regulatory accession numbers are also provided in a natural draft cooling tower and intake Commission. a table in the ‘‘Availability of and discharge structures on the ACTION: Environmental assessment and Documents’’ section of this document. • Delaware Estuary. Both facilities also finding of no significant impact; NRC’s PDR: You may examine and withdraw water from the estuary for issuance. purchase copies of public documents at their service water systems. the NRC’s PDR, Room O1–F21, One Salem and Hope Creek lie at the SUMMARY: The U.S. Nuclear Regulatory White Flint North, 11555 Rockville southern end of Artificial Island along Commission (NRC) is considering Pike, Rockville, Maryland 20852. the east bank of the Delaware River in issuance of amendments to Renewed FOR FURTHER INFORMATION CONTACT: Lower Alloways Creek Township, Facility Operating License Nos. DPR–70 Carleen Parker, Office of Nuclear Salem County, New Jersey. Artificial and DPR–75, issued on June 30, 2011, Reactor Regulation, U.S. Nuclear Island is a 1,500-acre (ac; 600-hectare and Renewed Facility Operating License Regulatory Commission, Washington, [ha]) man-made island consisting of No. NPF–75, issued on July 20, 2011, DC 20555–0001; telephone: 301–415– industrial lands, tidal marsh, and and held by PSEG Nuclear LLC (PSEG 1603; email: [email protected]. grassland. The U.S. Army Corps of or the licensee) for operation of Salem SUPPLEMENTARY INFORMATION: Engineers created the island by Nuclear Generating Station Unit Nos. 1 depositing hydraulic dredge spoil and 2 (Salem) and Hope Creek I. Introduction material atop a natural sand bar. The Generating Station (Hope Creek) located The NRC is considering issuance of average elevation of the island is about in Lower Alloways Creek Township, amendments to Renewed Facility 9 feet (ft; 3 meters [m]) above mean sea Salem County, New Jersey. The Operating License Nos. DPR–70, DPR– level (MSL), and the maximum proposed amendments would revise the 75, and NPF–57 issued to PSEG for elevation is approximately 18 ft (5.5 m) PSEG Environmental Protection Plans operation of Salem and Hope Creek, above MSL. The PSEG owns (Non-Radiological) (EPPs), contained in located in Lower Alloways Creek approximately 740 ac (300 ha) at the Appendix B to the Salem and Hope Township, Salem County, New Jersey. southern end of the Artificial Island, of Creek renewed facility operating Therefore, as required by Section 51.21 which Salem occupies 220 ac (89 ha) licenses. The NRC concluded that the of Title 10 of the Code of Federal and Hope Creek occupies 153 ac (62 ha). proposed actions will have no Regulations (10 CFR), the NRC The remainder of Artificial Island is significant environmental impact. performed an environmental assessment owned by the U.S. Government and the DATES: The environmental assessment (EA) to document its findings related to State of New Jersey; this portion of the and finding of no significant impact the proposed license amendments. The island remains undeveloped. The referenced in this document is available PSEG submitted its license amendment northernmost tip of Artificial Island on June 11, 2015. request by letter dated December 9, 2014 (owned by the U.S. Government) is ADDRESSES: Please refer to Docket ID (ADAMS Accession No. ML14343A926), within the State of Delaware boundary. NRC–2015–0148 when contacting the and subsequently supplemented its Artificial Island lies approximately 8 NRC about the availability of application by letter dated April 9, 2015 miles (mi; 13 kilometers [km]) information regarding this document. (ADAMS Accession No. ML15099A766). southwest of the City of Salem, New You may obtain publicly available A notice of consideration of issuance, Jersey, 17 mi (27 km) south of the information related to this document proposed no significant hazards Delaware Memorial Bridge, 35 mi (56 using any of the following methods: consideration determination, and km) southwest of Philadelphia, • Federal Rulemaking Web site: Go to opportunity for a hearing for the Pennsylvania. http://www.regulations.gov and search proposed license amendments was The U.S. Atomic Energy Commission for Docket ID NRC–2015–0148. Address issued in the Federal Register on April (AEC), the NRC’s predecessor agency, questions about NRC dockets to Carol 14, 2015 (80 FR 20024). Based on and the NRC have previously conducted Gallagher; telephone: 301–415–3463; information provided in PSEG’s environmental reviews of Salem and email: [email protected]. For application and associated supplement Hope Creek in several documents, and technical questions, contact the and the NRC staff’s independent review, the descriptions therein continue to individual listed in the FOR FURTHER the NRC did not identify any significant accurately depict the Salem and Hope INFORMATION CONTACT section of this environmental impacts associated with Creek site and environs. Those document. the proposed license amendments. documents include the AEC’s April
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1973 Final Environmental Statement inspection of the cooling water intake of the proposed license amendments (FES) Related to Operation of Salem structures, maintenance of lighting at (i.e., the ‘‘no-action’’ alternative). Denial Nuclear Generating Station, Units 1 and the Salem intake structure and trash of the application would result in no 2 (ADAMS Accession No. racks, and availability of sea turtle change in current environmental ML110400162); the NRC’s March 2011 rescue equipment at the Salem intake conditions or impacts. Accordingly, the Generic Environmental Impact structure and trash racks. environmental impacts of the proposed Statement for License Renewal of The proposed EPP revisions would action and no-action alternative are Nuclear Plants: Regarding Hope Creek not result in or require any physical similar. Generating Station and Salem Nuclear changes to Salem or Hope Creek Generating Station, Units 1 and 2—Final systems, structures, or components, Alternative Use of Resources Report (NUREG–1437, Supplement 45) including those intended for the The action does not involve the use of (ADAMS Accession No. ML11089A021); prevention of accidents. any different resources than those and the NRC’s December 2010 previously considered in NUREG–1437, Need for the Proposed Action Biological Assessment for Salem and Supplement 45 prepared for license Hope Creek License Renewal (ADAMS The proposed action is administrative renewal of Salem and Hope Creek. Accession No. ML103350271). in nature. It is needed to reflect the new biological opinion issued by NMFS on Agencies and Persons Consulted Description of the Proposed Action July 17, 2014. The proposed action The staff did not enter into a The proposed action would amend would also remove outdated program consultation with any other Federal the Salem and Hope Creek EPPs to information and relieve PSEG of the Agency or with the State of New Jersey clarify that PSEG must adhere to the burden of submitting unnecessary or regarding the environmental impact of currently applicable biological opinion duplicative information to the NRC. the proposed action. On May 12, 2015, issued by the National Marine Fisheries the New Jersey State official was Service (NMFS). The proposed changes Environmental Impacts of the Proposed notified. The State official had no would also simplify the Aquatic Action comments. Monitoring section of the EPPs to The NRC has completed its evaluation preclude the need for a new license of the proposed action and concludes III. Finding of No Significant Impact amendment request in the event NMFS that the proposed changes are The NRC is considering issuing issues a new biological opinion in the administrative in nature and have no amendments for Renewed Facility future, modify reporting requirements effect on plant equipment or plant Operating License Nos. DPR–70, DPR– related to New Jersey Pollutant operation. No changes will be made to 75, and NPF–75, issued to PSEG for Discharge Elimination System (NJPDES) the design bases for either Salem or operation of Salem and Hope Creek. The permits to remove the requirement to Hope Creek. The proposed action would proposed amendments would revise the submit copies of proposed changes or not have a significant adverse effect on Salem and Hope Creek EPPs to clarify renewals to the NRC since the NRC does the probability or consequences of an that PSEG must adhere to the currently not issue or oversee these permits, accident occurring. applicable biological opinion. The modify the criteria for reporting With regard to potential radiological proposed changes would also simplify Unusual or Important Environmental impacts, the proposed action would not the Aquatic Monitoring section of the Events to eliminate the need for increase the probability or consequences EPPs, modify reporting requirements duplicative reporting, and remove the of accidents, would not change the related to NJPDES permits, modify the requirement for PSEG to submit an types of effluent that may be released criteria for reporting Unusual or Annual Environmental Operating offsite, would not increase the amount Important Environmental Events, and Report. The information contained in of any effluents that may be release remove the requirement for PSEG to the Annual Environmental Operating offsite, and would result in no increase submit an Annual Environmental Report would continue to be submitted in occupational or public radiation Operating Report. The NRC’s evaluation to the NRC in accordance with other exposure. Therefore, there are no considered information provided in the sections of the EPP or would be significant radiological environmental licensee’s application and its associated available for NRC inspection. The impacts associated with the proposed supplement, as well as the NRC’s staff proposed action is in accordance with action. independent review of other the licensee’s application dated With regard to potential non- environmental documents. Section IV December 9, 2014, as supplemented by radiological impacts, the proposed below lists the environmental letter dated April 9, 2015. action does not have any foreseeable documents related to the proposed More specifically, by amending the impacts on land, air, or water resources, action and includes information on the Aquatic Monitoring sections of the EPPs including impacts to biota. In addition availability of these documents. to clarify that PSEG must adhere to the there are no known socioeconomic or The NRC decided not to prepare an currently applicable biological opinion, environmental justice impacts Environmental Impact Statement for the the proposed action would require associated with the proposed action. proposed action. On the basis of the EA PSEG’s compliance with the National Therefore, there are no significant non- presented in Section II above and Marine Fisheries Service’s (NMFS) July radiological environmental impacts incorporated by reference in this 17, 2014, biological opinion (ADAMS associated with the proposed action. finding, the NRC concludes that the Accession No. ML14202A146). PSEG Accordingly, the NRC concludes that proposed action will not have a does not anticipate any changes to there are no significant environmental significant effect on the quality of the station operation as a result of impacts associated with the proposed human environment. Accordingly, the implementing the Reasonable and action. NRC has determined that a finding of no Prudent Measures and Terms and significant impact is appropriate. Conditions included in the biological Environmental Impacts of the opinion’s Incidental Take Statement. Alternatives to the Proposed Action IV. Availability of Documents However, PSEG may alter station As an alternative to the proposed The following table identifies the procedures that contain protocol on action, the NRC staff considered denial environmental and other documents
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cited in this document and related to available for public inspection online reading-rm/adams.html or in person at the NRC’s FONSI. These documents are through ADAMS at http://www.nrc.gov/ the NRC’s PDR as described previously.
ADAMS Document accession No.
Documents Related to License Amendment Request
PSEG Nuclear LLC. License Amendment Request to Update Appendix B to the Renewed Facility Operating Licenses. Dated ML14343A926 December 9, 2014. U.S. Nuclear Regulatory Commission. Request for Additional Information Re: Request to Update Appendix B to the Renewed ML15055A377 Facility Operating Licenses. Dated March 10, 2015. PSEG Nuclear LLC. Response to Request for Additional Information Re: Request to Update Appendix B to the Renewed Fa- ML15099A766 cility Operating Licenses. Dated April 9, 2015.
Other Referenced Documents
National Marine Fisheries Service. Biological Opinion for Continued Operation of Salem and Hope Creek Nuclear Generating ML14202A146 Stations (NER–2010–6581). Dated July 17, 2014. U.S. Atomic Energy Commission. Final Environmental Statement Related to the Operation of Salem Nuclear Generating Sta- ML110400162 tion, Units 1 and 2. Dated April 30, 1973. U.S. Nuclear Regulatory Commission. Generic Environmental Impact Statement for License Renewal of Nuclear Plants: Re- ML11089A021 garding Hope Creek Generating Station and Salem Nuclear Generating Station, Units 1 and 2—Final Report (NUREG– 1437, Supplement 45). Dated March 31, 2011. U.S. Nuclear Regulatory Commission. Biological Assessment for Salem and Hope Creek License Renewal. Dated December ML103350271 13, 2010.
Dated at Rockville, Maryland, this 4th day ADDRESSES: Please refer to Docket ID White Flint North, 11555 Rockville of June 2015. NRC–2015–0150 when contacting the Pike, Rockville, Maryland 20852. For the Nuclear Regulatory Commission. NRC about the availability of FOR FURTHER INFORMATION CONTACT: Douglas A. Broaddus, information regarding this document. Chris Allen, Office of Nuclear Material Chief, Plant Licensing Branch I–2, Division You may obtain publicly-available Safety and Safeguards, U.S. Nuclear of Operating Reactor Licensing, Office of information related to this document Regulatory Commission, Washington, Nuclear Reactor Regulation. using any of the following methods: DC 20555–0001; telephone: 301–415– [FR Doc. 2015–14292 Filed 6–10–15; 8:45 am] • Federal Rulemaking Web site: Go to 6877; email: [email protected]. BILLING CODE 7590–01–P http://www.regulations.gov and search I. Background for Docket ID NRC–2015–0150. Address questions about NRC dockets to Carol DOE is the holder of Special Nuclear NUCLEAR REGULATORY Gallagher; telephone: 301–415–3463; Material License No. SNM–2504 which COMMISSION email: [email protected]. For authorizes receipt, possession, storage, transfer, and use of irradiated fuel [Docket No. 72–09; NRC–2015–0150] technical questions, contact the individual listed in the FOR FURTHER elements from the decommissioned FSV Independent Spent Fuel Storage INFORMATION CONTACT section of this Nuclear Generating Station in Installation, Department of Energy; document. Platteville, Colorado, under part 72 of Fort St. Vrain • title 10 of the Code of Federal NRC’s Agencywide Documents Regulations (10 CFR). AGENCY: Nuclear Regulatory Access and Management System Commission. (ADAMS): You may obtain publicly- II. Request/Action ACTION: Exemption; issuance. available documents online in the According to TS 3.1.1 in Appendix A ADAMS Public Documents collection at of License No. SNM–2504, the FSC seal SUMMARY: The U.S. Nuclear Regulatory http://www.nrc.gov/reading-rm/ leakage rate shall not exceed 1 × 103 Commission (NRC) is issuing an adams.html. To begin the search, select reference cubic centimeters per second exemption in response to a March 19, ‘‘ADAMS Public Documents’’ and then (ref-cm3/s). Surveillance Requirement 2015 request, as supplemented April 3, select ‘‘Begin Web-based ADAMS (SR) 3.3.1.1 calls for one FSC from each and June 1, 2015, from the Department Search.’’ For problems with ADAMS, vault to be leakage rate tested every five of Energy (DOE or the licensee). The please contact the NRC’s Public years. The last leakage rate test was exemption seeks to delay the Document Room (PDR) reference staff at performed in June, 2010; the next performance of an O-ring leakage rate 1–800–397–4209, 301–415–4737, or by leakage rate test is scheduled to be test specified in Technical Specification email to [email protected]. For the completed by June, 2015. In addition, as (TS) 3.3.1 of Appendix A of Special convenience of the reader, the ADAMS part of the aging management program Nuclear Material License No. SNM– accession numbers are provided in a implemented when the license was 2504, and to delay the performance of table in the ‘‘Availability of Documents’’ renewed in 2011, Chapter 9 of the FSV an aging management surveillance section of this document. Some FSAR provides the licensee will check described in the Fort St. Vrain (FSV) documents referenced are located in the six FSCs for hydrogen buildup by June, Final Safety Analysis Report (FSAR) to NRC’s ADAMS Legacy Library. To 2015. This provision regards the check six Fuel Storage Containers obtain these documents, contact the potential for hydrogen generation. The (FSCs) for hydrogen buildup, both until NRC’s PDR for assistance. date of sampling was chosen to be June, 2016. • NRC’s PDR: You may examine and consistent with the FSC seal leakage rate DATES: Notice of issuance of exemption purchase copies of public documents at testing schedule. No FSCs have been given on June 11, 2015. the NRC’s PDR, Room O1–F21, One sampled for hydrogen since being
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placed into storage. DOE requests an endanger life or property, or the acting as the cathode. In addition, the exemption to delay performance of both common defense and security. NRC staff determined that EDF–9166 the FSC O-ring leakage rate test may not have fully considered all Potential Corrosion requirement and the FSAR aging possible reactions. For instance, EDF– management activity described above by The FSV ISFSI Aging Management 9166 only considered galvanic corrosion one year. Program described in Section 9.8 of the between the fuel blocks and the bottom FSV ISFSI FSAR provides for sampling of the FSC, and it assumed material loss III. Discussion one FSC in each vault for hydrogen no from corrosion was distributed over the Under 10 CFR 72.7, the Commission later than June, 2015. The intent of the entire internal surface area of the FSC. may, upon application by any interested test was to identify any potential The NRC staff notes that small portions person or upon its own initiative, grant corrosion on the interior of the FSCs. of carbon steel, resulting either from exemptions from the requirements of 10 The applicant stated its position as to coating defects during the surface CFR part 72 when the exemption is why hydrogen buildup has not coating application or from nicks and authorized by law, will not endanger occurred, and thus why there are no scratches during fabrication or loading, life or property or the common defense safety implications with delaying the could act as localized sites of galvanic and security, and is otherwise in the test for one year, including: corrosion when exposed to water in the public interest. In addition to the 1. The fuel was stored in dry helium FSC. Therefore, the NRC staff finds that requirement from which DOE requested prior to placement in the FSCs; the applicant may have incorrectly exemption, the NRC staff determined 2. General corrosion, as opposed to assumed that corrosion is uniformly that an exemption from 10 CFR galvanic corrosion, was determined by distributed to all FSC interior surfaces 72.44(c)(1) would also be necessary to the licensee to be the only corrosion instead of being localized where implement DOE’s exemption proposal. mechanism of concern for the canister; protective coating is not present. Section 72.44(c)(1) requires, in part, and Nevertheless, the NRC staff finds that compliance with functional and 3. The expected corrosion reactions through wall corrosion remains unlikely operational limits to protect the would not generate significant even if localized corrosion occurs at integrity of waste containers and to quantities of hydrogen since the pH of areas of coating defects or damage guard against the uncontrolled release of any water inside the FSCs was expected because the amount of water present is radioactive material. to be neutral (i.e., not acidic). limited, because water is a low In addition to reviewing information Authorized by Law conductivity electrolyte, and the in the exemption request, the NRC staff voluminous iron hydroxide formed by This exemption would delay also reviewed information associated the corrosion reactions would stifle the performance of an FSC O-ring leakage with the 2011 license renewal corrosion process prior to significant rate test required by TS 3.3.1 of applicable to this request. From its localized loss of thickness of the FSC. Appendix A of Special Nuclear Material review of the license renewal The corrosion processes discussed License No. SNM–2504, and an FSAR documents, the NRC staff identified the above would generate hydrogen as a aging management surveillance to check following information pertinent to its result of reduction reactions on the six FSCs for hydrogen buildup by June, review of DOE’s exemption request: graphite surfaces. For these reduction 2015 by one year. Condition 9 of SNM– Corrosion originating on the FSC reactions to occur, a liquid medium 2504 states, in part, that authorized use interior surfaces was evaluated in must be present in the FSCs. of the material at the FSV ISFSI shall be Engineering Design File 9166 (EDF– Information contained in the ‘‘in accordance with statements, 9166) (ADAMS Accession No. application indicated that, if the representations, and the conditions of ML15132A638). The EDF 9166 assumed temperature of the graphite fuel blocks the Technical Specifications and Safety that 775.6 grams of water was present in exceeded 200 °F [93 °C] due to off- Analysis Report.’’ Condition 11 of each FSC. The analysis assumed normal or accident conditions, any SNM–2504 also directs the licensee to uniform corrosion of all interior FSC water in the graphite fuel blocks could operate the facility in accordance with surfaces resulting in a loss of material of be forced out of the fuel blocks resulting the Technical Specifications in 0.0014 inches. Crevice and galvanic in as much as 77.6 grams of water being Appendix A. corrosion were also assumed for the FSC inside an FSC. The EDF–9166, which The provisions in 10 CFR part 72 from bottom plate resulting in a loss of stated that it increased this amount of which DOE requests an exemption, as thickness of 0.0576 inches. In both water by a factor 10, contains a well as the provisions considered by the cases, the licensee’s analyses corrosion analysis that identified NRC staff, require the licensee to follow determined that the remaining material oxygen reduction as the most likely the technical specifications and the thicknesses for all interior FSC surfaces reduction reaction in the system. This functional and operational limits for the were greater than the required minimum reduction reaction does not generate facility. Section 72.7 allows the NRC to thickness for the FSCs to maintain hydrogen. Although the possible grant exemptions from the requirements confinement of the radioactive material. generation of hydrogen as a result of of 10 CFR part 72. Issuance of this As referenced in the application, a other reactions is described in EDF– exemption is consistent with the Atomic surface coating had been applied to the 9166, the applicant did not evaluate the Energy Act of 1954, as amended, and interior FSC surfaces, but the NRC staff amount of hydrogen that may be not otherwise inconsistent with NRC also found that the licensee’s statement produced. regulations or other applicable laws. that general corrosion, and not galvanic In addition to reviewing information Therefore, the exemption is authorized corrosion, was the only corrosion submitted by DOE in the exemption by law. mechanism of concern for the FSCs is request, the NRC staff identified several not consistent with information in the possible reactions to assess the potential Will Not Endanger Life or Property or FSV FSAR. For instance, Chapter 4, for hydrogen generation from corrosion the Common Defense and Security section 4.2.3.2.3 of the FSV ISFSI FSAR reactions. These include the corrosion As discussed below, the NRC staff has considered the potential for galvanic of iron, the formation of iron corrosion evaluated the proposed exemption corrosion with the carbon steel FSC products, the oxidation of iron corrosion request, and found that it would not acting as the anode and the graphite fuel products, and the reduction reactions
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for oxygen, water and hydrogen ions. These reactions are listed below.
The reduction of hydrogen ions (Eq. graphite, a mole of air, the gas inside an amount of water assumed by DOE in 6) occurs primarily in acidic solutions. FSC, occupies 30 liters. Since air EDF–9166 were present in the FSCs, the The reduction of oxygen (Eq. 2) is the contains 21 percent oxygen by volume, amount of hydrogen would be even likely reduction reaction in a system the free volume of the FSC may be greater. with air. Since the environment inside expected to contain 1.61 moles of O2 However, the NRC staff notes the the FSCs is air, the reduction of oxygen and 6.05 moles of N2. There are 4.3 following facts relative to the possibility (Eq. 2) is applicable. If the oxygen in the moles of water in 77.6 grams of water. of either an explosive or combustible air is completely consumed, then the The reduction of oxygen (Eq. 2) requires mixture of gases inside an FSC at the corrosion reaction can proceed until 2 moles of water for each mole of FSV ISFSI. Based upon the above water is consumed via the water oxygen. Reduction of 1.61 moles of O2 reactions, oxygen, which is a necessary reduction reaction (Eq. 5). requires 3.22 moles of H2O leaving 1.08 ingredient in explosive and combustible Using the equations above, the NRC moles of water unreacted. If the gas mixtures, would not be present staff performed the following analysis remaining 1.08 moles of water is within the FSC interior free volume assuming the complete consumption of reduced (Eq. 5), then 0.54 moles of because the reduction reactions would oxygen and water in corrosion product hydrogen would be produced. The have completely consumed it. There are formation and reduction reactions. It is volume occupied by 0.54 moles of H2 at no credible sources of ignition during ° ° uncertain if the complete consumption 200 F [93 C] is 16.2 liters. This results normal fuel storage operations for the of the reactants is a reasonable in a volume fraction of 16.2/230 = 0.07 following reasons. First, sparks caused assumption due to the use of the surface or 7 percent H2. by metal to metal interaction are not coating. Therefore, it is unknown how Although the analysis above does not produced because the FSCs are much of the carbon steel is available for consider either the formation of water as stationary. Second, Chapter 3 of the FSV corrosion product formation and the a result of decomposition of the surface FSAR identified the maximum FSC gas reduction reactions. Thus, assuming coating on the interior surfaces of the temperature as approximately 165 °F (74 complete consumption of oxygen and FSC or hydrogen formation from the °C). The NRC staff notes that this gas water provides a conservative estimate small amount of grease used on the temperature is far below the estimated of the amount of hydrogen that may be metallic O-rings, it shows that, if all of minimum auto-ignition temperature of formed. the water present is released from the hydrogen gas in air of 752 °F (400 °C). The free volume inside an FSC is graphite and subsequently consumed in Since the maximum temperature in estimated to be 230 liters. At 200 °F [93 corrosion reactions, there is a possibility Chapter 3 of the FSV FSAR was used in °C], the temperature at which water, if of generating a significant amount of support of the license renewal, the NRC present, could be released from the hydrogen. It also shows that, if the staff further notes that the maximum
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temperature inside the FSC is now even (ML15104A064). Both seal leakage rate Based on the findings above, NRC lower considering the fuel has been in values are below the allowed leakage staff concludes that granting DOE’s storage for 24 years. Finally, Chapter 4 rate of 1 × 10¥3 ref-cm3/s required by TS exemption to delay performance of the of the FSV FSAR states the licensee 3.3.1. DOE identified O-ring failure as a FSC O-ring leakage rate test in will, prior to either handling of a loaded potential failure mode that would allow accordance with TS 3.1.1 and FSC or removal of the lid bolts, leakage in excess 1 × 10·3 ref-c cm3/s; performance of the aging management implement the following procedural however, DOE provided no specific surveillance to sample six FSCs for controls: details of potential O-ring failure hydrogen until June 2016, would not 1. Analyze the gas environment in the mechanisms. endanger public health and safety or the FSCs; The NRC staff notes typical failure common defense and security. 2. Determine if flammable levels of modes for O-ring seals include: Otherwise in the Public Interest hydrogen are present; and 1. Corrosion of the O-ring; 3. As necessary, either evacuate or 2. Corrosion of the O-ring flange As described in the application, purge the FSC with air to assure sealing surface (area in contact with the delaying the FSC O-ring leakage rate test hydrogen concentrations are below O-ring); and and FSAR aging management flammable levels. 3. Creep or relaxation of the O-ring. surveillance for one year would allow Therefore, NRC staff concludes that a The O-rings are described in DOE’s DOE to more effectively prioritize fire or explosion due to the presence of exemption request, as supplemented on important activities at the FSV site. It hydrogen is very unlikely, and does not June 1, 2015 (ADAMS Accession No. would also reduce the administrative present a significant safety issue if the ML15153A280), as silver plated alloy burden both on the licensee and on the exemption request is granted. X–750 in the work hardened condition. NRC staff in the performance of the test. Consequently, delaying the analysis of The O-rings are installed with a grease/ Therefore, issuance of the proposed the gases inside the FSC from 24 to 25 lubricant to facilitate sealing and exemption is otherwise in the public years would not result in an increase in prevent damage to the O-rings during interest. the probability of either a hydrogen lid installation and compression of the Environmental Consideration ignition event during storage or failure O-rings. The presence of the grease, the of the FSC integrity due to corrosion. materials of construction, and the The NRC staff evaluated whether The NRC staff also finds that, as long as limited amount of water in the vicinity there would be any significant operational controls that eliminate of the O-rings reduce the possibility of environmental impacts associated with ignition sources and requirements for corrosion of the O-rings and the O-ring the issuance of the requested gas sampling prior to handling or seal area on the FSC. exemption. The NRC staff determined removal of lid bolts are maintained and The NRC staff reviewed the test that this proposed action fits a category followed, hydrogen ignition events methods, the test pressures generated by of actions which do not require an associated with handling FSCs will not previous leakage rate tests, and the environmental assessment or occur. correlations between the leakage rate environmental impact statement. Specifically, the exemption meets the Leakage Rate and the pressure drop across the seals used in EDF–10727 to estimate the O- categorical exclusion in 10 CFR Limiting Condition of Operation 3.3.1 ring seal leakage rates. The NRC staff 51.22(c)(25). in Appendix A of License No. SNM– finds that DOE used appropriate data Granting an exemption from the 2504 states that the FSCs seal leakage and mechanistic relationships between requirements of 10 CFR 72.44(c)(1), and × 3 3 rate shall not exceed 1 10· ref-cm / the rate and the test pressure to predict 10 CFR 72.44(c)(3) involves inspection s. SR 3.3.1.1 calls for one FSC from each June, 2017 FSC O-ring seal leakage rates. and surveillance requirements vault to be leakage rate tested every 5 The staff determined that both the associated with both the FSC O-ring years. The basis for SR 3.3.1.1 is that average and maximum estimated 2017 leakage rate test required per TS 3.3.1 performance of a leakage rate test of at leakage rates of 3.75 × 10¥4 and 6.76 × and the FSAR aging management least six FSC closures every 5 years 10¥4 ref-cm3/s are acceptable and are surveillance of FSCs for hydrogen. A provides reasonable assurance of below the required limit of 1 × 10¥3 ref- categorical exclusion for inspection and continued integrity. The leakage rate cm3/s. surveillance requirements is provided test was originally performed in 1991 The NRC staff also reviewed both under 10 CFR 51.22(c)(25)(vi)(C) if the after loading and subsequent leakage Chapter 8, section 8.2.15 of the FSV criteria in 10 CFR 51.22(c)(25)(i) rate tests were performed in 1996, 2001, FSAR and DOE’s analytical results of through (v) are also satisfied. In its 2005, and 2010. None of the prior the consequences associated with a review of the exemption request, the leakage rate tests exceeded the radiological release from an FSC, and NRC staff determined that, under 10 requirement of 1 × 10·3 ref-cm3/s. confirmed that even if the leakage rate CFR 51.22(c)(25): (i) Granting the DOE evaluated the potential impact of of 1 × 10¥3 ref-cm3/s is grossly exemption does not involve a significant this exemption request in accordance exceeded: hazards considerations, because with the confinement requirements 1. The radiological consequences at granting the exemption neither reduces described in the FSV FSAR. DOE the controlled area boundary would be a margin of safety, creates a new or classified the failure of the FSC within the requirements of 10 CFR different kind of accident from any redundant metal O-ring seals as a low 72.106; accident previously evaluated, nor probability event, and stated Chapter 8, 2. The radiological release caused by significantly increases either the section 8.2.15 of the FSV FSAR a leakage rate greater than 1 × 10¥3 ref- probability or consequences of an identified no credible failure cm3/s past the redundant seals would be accident previously evaluated; (ii) mechanisms for the FSC O-rings. DOE bounded by the maximum credible granting the exemption would not also estimated average and maximum accident in the FSV FSAR; and produce a significant change in either O-ring seal leakage rates would be 3.75 3. The failure of the redundant the types or amounts of any effluents × 10¥4 and 6.76 × 10¥4 ref-cm3/s, metallic seals (loss of confinement) can that may be released offsite, because the respectively and documented these be considered a low probability event requested exemption neither changes calculations in EDF–10727 during the entire storage period. the effluents nor produces additional
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avenues of effluent release; (iii) granting SUMMARY: The U.S. Nuclear Regulatory ‘‘ADAMS Public Documents’’ and then the exemption would not result in a Commission (NRC) is soliciting public select ‘‘Begin Web-based ADAMS significant increase in either comment on a draft cornerstone Search.’’ For problems with ADAMS, occupational radiation exposure or technical document that will be used as please contact the NRC’s Public public radiation exposure, because the a portion of a future revision to its Fuel Document Room (PDR) reference staff at requested exemption neither introduces Cycle Oversight Process. 1–800–397–4209, 301–415–4737, or by new radiological hazards nor increases DATES: Comments may be submitted by email to [email protected]. The existing radiological hazards; (iv) July 13, 2015. Comments received after ADAMS accession number for each granting the exemption would not result this date will be considered, if it is document referenced (if it is available in in a significant construction impact, practical to do so, but the NRC staff is ADAMS) is provided the first time that because there are no construction able to ensure consideration only for it is mentioned in the SUPPLEMENTARY activities associated with the requested comments received on or before this INFORMATION section. The draft exemption; and; (v) granting the date. cornerstone technical document is exemption would not increase either the available in ADAMS under Accession ADDRESSES: potential or consequences from You may submit comments No. ML15140A644. radiological accidents such as a gross by any of the following methods (unless • NRC’s PDR: You may examine and leak from an FSC, or the potential for this document describes a different purchase copies of public documents at hydrogen buildup or consequences from method for submitting comments on a the NRC’s PDR, Room O1–F21, One radiological accidents, because the specific subject): White Flint North, 11555 Rockville • Federal Rulemaking Web site: Go to exemption neither reduces the ability of Pike, Rockville, Maryland 20852. http://www.regulations.gov and search the FSC to confine radioactive material for Docket ID NRC–2015–XXXX. B. Submitting Comments nor creates new accident precursors at Address questions about NRC dockets to the FSV ISFSI. Accordingly, this Please include Docket ID NRC–2015– Carol Gallagher; telephone: 301–415– exemption meets the criteria for a 0149 in your comment submission. 3463; email: [email protected]. The NRC cautions you not to include categorical exclusion in 10 CFR For technical questions, contact the identifying or contact information that 51.22(c)(25)(vi)(C). individual listed in the FOR FURTHER you do not want to be publicly IV. Conclusions INFORMATION CONTACT section of this disclosed in your comment submission. The NRC will post all comment Accordingly, the NRC has determined document. • Mail comments to: Cindy Bladey, submissions at http:// that, under 10 CFR 72.7, this exemption Office of Administration, Mail Stop: www.regulations.gov as well as enter the is authorized by law, will not endanger OWFN–12–H08, U.S. Nuclear comment submissions into ADAMS. life or property or the common defense Regulatory Commission, Washington, The NRC does not routinely edit and security, and is otherwise in the DC 20555–0001. comment submissions to remove public interest. Therefore, the For additional direction on obtaining identifying or contact information. Commission hereby grants DOE an information and submitting comments, If you are requesting or aggregating exemption from 10 CFR 72.44(c)(1) and see ‘‘Obtaining Information and comments from other persons for 10 CFR 72.44(c)(3) to delay by one year Submitting Comments’’ in the submission to the NRC, then you should the scheduled June, 2015 leakage rate SUPPLEMENTARY INFORMATION section of inform those persons not to include test under SR 3.3.1.1 for one FSC from this document. identifying or contact information that each vault to be leakage rate tested every they do not want to be publicly five years, and to delay by one year the FOR FURTHER INFORMATION CONTACT: April Smith, Office of Nuclear Material disclosed in their comment submission. scheduled June, 2015 hydrogen buildup Your request should state that the NRC test described in Chapter 9 of the FSV Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, does not routinely edit comment FSAR. These tests shall be completed no submissions to remove such information later than June, 2016. This exemption is DC 20555–0001; telephone: 301–415– 6547; email: [email protected]. before making the comment effective as of June 4, 2015. submissions available to the public or SUPPLEMENTARY INFORMATION: Dated at Rockville, Maryland, this 4th day entering the comment submissions into of June, 2015. I. Obtaining Information and ADAMS. For the Commission. Submitting Comments Mark Lombard, II. Discussion Director, Division of Spent Fuel Management, A. Obtaining Information In the Staff Requirements Office of Nuclear Material Safety and Please refer to Docket ID NRC–2015– Memorandum for SECY–11–0140, Safeguards. 0149 when contacting the NRC about ‘‘Enhancements to the Fuel Cycle [FR Doc. 2015–14291 Filed 6–10–15; 8:45 am] the availability of information regarding Oversight Process,’’ dated January 5, BILLING CODE 7590–01–P this document. You may obtain 2012 (ADAMS Accession No. publicly-available information related to ML120050322), the Commission this document by any of the following directed the NRC staff to develop a NUCLEAR REGULATORY methods: Revised Fuel Cycle Oversight Process COMMISSION • Federal Rulemaking Web site: Go to (RFCOP). A portion of the RFCOP is the http://www.regulations.gov and search identification of cornerstones. The [NRC–2015–0149] for Docket ID NRC–2015–0149. cornerstones are those aspects of • NRC’s Agencywide Documents licensee performance that are important Fuel Cycle Oversight Process Access and Management System to the mission and, therefore, merit AGENCY: Nuclear Regulatory (ADAMS): You may obtain publicly- regulatory oversight. The draft Commission. available documents online in the cornerstone technical document defines ADAMS Public Documents collection at the cornerstones that will be used in the ACTION: Draft technical document; http://www.nrc.gov/reading-rm/ RFCOP and defines for each request for comment. adams.html. To begin the search, select cornerstone, its objective and key
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attributes that implement the objective. mail at U.S. Fish and Wildlife Service, Acrobat PDF, MS Word, MS Each key attribute has one or more 5275 Leesburg Pike MS: MB, Falls PowerPoint, or rich text file). inspectable areas. Inspectable areas are Church, VA 22041. Giving an Oral Presentation those aspects of the physical facility or SUPPLEMENTARY INFORMATION: the licensee’s programs or processes that Individuals or groups requesting to need to be verified to assure that a key About the Council make an oral presentation at the meeting attribute of a cornerstone is achieved. In accordance with NAWCA (Pub. L. will be limited to 2 minutes per speaker, The NRC is soliciting public comment 101–233, 103 Stat. 1968, December 13, with no more than a total of 10 minutes on its draft cornerstone technical 1989, as amended), the State-private- for all speakers. Interested parties document that will be used as a portion Federal Council meets to consider should contact the acting Council of the RFCOP. The NRC staff will wetland acquisition, restoration, Coordinator by the date above, in consider any public comments prior to enhancement, and management projects writing (preferably via email; see FOR finalizing the cornerstone technical for recommendation and final funding FURTHER INFORMATION CONTACT), to be document for the RFCOP. approval by the Commission. placed on the public speaker list. Nonregistered public speakers will not Dated at Rockville, Maryland, this 4th day About NAWCA of June 2015. be considered during the Council For the Nuclear Regulatory Commission. The North American Wetlands meeting. Registered speakers who wish to expand upon their oral statements, or Marissa Bailey, Conservation Act of 1989 provides matching grants to organizations and those who had wished to speak but Director, Division of Fuel Cycle Safety, could not be accommodated on the Safeguards and Environmental Review, Office individuals who have developed of Nuclear Material Safety and Safeguards. partnerships to carry out wetlands agenda, are invited to submit written statements to the Council within 30 [FR Doc. 2015–14288 Filed 6–10–15; 8:45 am] conservation projects in the United days following the meeting. BILLING CODE 7590–01–P States, Canada, and Mexico. These projects must involve long-term Meeting Minutes protection, restoration, and/or Summary minutes of the Council DEPARTMENT OF THE INTERIOR enhancement of wetlands and associated uplands habitats for the meeting will be maintained by the acting Council Coordinator at the Fish and Wildlife Service benefit of all wetlands-associated migratory birds. Project proposal due address listed under FOR FURTHER [FWS–HQ–MB–2015–N116; 91100–3740– dates, application instructions, and INFORMATION CONTACT. Meeting notes GRNT 7C] eligibility requirements are available on can be obtained by contacting the acting Council Coordinator within 30 days Meeting Announcement: North the NAWCA Web site at http:// www.fws.gov/birds/grants. following the meeting. Personal copies American Wetlands Conservation may be purchased for the cost of Council PUBLIC INPUT duplication. AGENCY: Fish and Wildlife Service, Jerome Ford, Interior. You must Assistant Director, Migratory Birds. ACTION: Notice of meeting. contact the Acting Council [FR Doc. 2015–14260 Filed 6–10–15; 8:45 am] SUMMARY: The North American Coordinator (see BILLING CODE 4310–55–P If you wish to: FOR FURTHER Wetlands Conservation Council INFORMATION (Council) will meet to select North CONTACT) no American Wetlands Conservation Act later than POSTAL SERVICE (NAWCA) U.S. Standard grant proposals for recommendation to the Migratory (1) Listen to Council Meet- June 23, 2015. Product Change—Priority Mail ing. Negotiated Service Agreement Bird Conservation Commission (2) Submit written informa- June 19, 2015. (Commission). This meeting is open to tion or questions before AGENCY: Postal ServiceTM. the public, and interested persons may the Council meeting for ACTION: Notice. present oral or written statements. consideration during the DATES: The meeting is scheduled for meeting. SUMMARY: The Postal Service gives June 23, 2015, at 8:30 a.m. (PDT). If you notice of filing a request with the Postal are interested in presenting information Submitting Written Information or Regulatory Commission to add a at this public meeting, contact the acting Questions domestic shipping services contract to Council Coordinator no later than June Interested members of the public may the list of Negotiated Service 19, 2015. submit relevant information or Agreements in the Mail Classification ADDRESSES: Meeting venue will be questions for the Council to consider Schedule’s Competitive Products List. located at The Westerly Hotel and during the public meeting. If you wish DATES: Effective date: June 11, 2015. Convention Centre, 1590 Cliffe Avenue, to submit a written statement, so that FOR FURTHER INFORMATION CONTACT: Courtenay, BC, V9N 2K4, Canada. the information may be made available Elizabeth A. Reed, 202–268–3179. Participants can join the meeting via to the Council for their consideration SUPPLEMENTARY INFORMATION: The telephone by calling the toll-free prior to this meeting, you must contact United States Postal Service® hereby number 1–877–413–4791; when the acting Council Coordinator by the gives notice that, pursuant to 39 U.S.C. prompted, enter participant passcode date above. Written statements must be 3642 and 3632(b)(3), on June 5, 2015, it 6532444#. supplied to the acting Council filed with the Postal Regulatory FOR FURTHER INFORMATION CONTACT: Coordinator in both of the following Commission a Request of the United Michael Johnson, Acting Council formats: One hard copy with original States Postal Service to Add Priority Coordinator, by phone at 703–358–1784; signature, and one electronic copy via Mail Contract 125 to Competitive by email at [email protected]; or by U.S. email (acceptable file formats are Adobe Product List. Documents are available at
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www.prc.gov, Docket Nos. MC2015–54, the proposed rule change and discussed controlled, directly or indirectly, by CP2015–82. any comments it received on the MIH) for so long as MIAX is controlled, proposed rule change. The text of these directly or indirectly, by MIH. The Stanley F. Mires, statements may be examined at the Exchange also proposes to amend the Attorney, Federal Compliance. places specified in Item IV below. The MIH Certificate of Incorporation to make [FR Doc. 2015–14247 Filed 6–10–15; 8:45 am] Exchange has prepared summaries, set other non-substantive revisions which BILLING CODE 7710–12–P forth in sections A, B, and C below, of (i) correspond to the aforementioned the most significant aspects of such updated references to ‘‘Controlled statements. National Securities Exchange,’’ and (ii) SECURITIES AND EXCHANGE reflect other minor changes to charter A. Self-Regulatory Organization’s COMMISSION provisions no longer applicable since Statement of the Purpose of, and the Commission granted the Exchange’s [Release No. 34–75116; File No. SR–MIAX– Statutory Basis for, the Proposed Rule 2015–38] registration as a national securities Change exchange on December 3, 2012.6 Self-Regulatory Organizations; Notice 1. Purpose MIH Certificate of Incorporation of Filing and Immediate Effectiveness The Exchange proposes to amend of a Proposed Rule Change by Miami The Exchange proposes to amend the certain sections of: (i) The Amended MIH Certificate of Incorporation to International Securities Exchange LLC and Restated Certificate of Incorporation To Amend the Amended and Restated substitute references to MIAX with the (‘‘MIH Certificate of Incorporation’’), defined term ‘‘Controlled National Certificate of Incorporation and the and (ii) the Amended and Restated By- Amended and Restated By-Laws of the Securities Exchange’’ and define it in Laws (‘‘MIH By-Laws’’), of the sole Article EIGHTH as follows: Sole Limited Liability Company limited liability company member of the For so long as this Corporation shall Member of MIAX, Miami International Exchange, Miami International control, directly or indirectly, one or Holdings, Inc. Holdings, Inc. (‘‘MIH’’) to replace all more national securities exchange (each references to MIAX contained therein June 5, 2015. a ‘‘Controlled National Securities with references to a new defined term Pursuant to the provisions of Section Exchange’’), including but not limited to 19(b)(1) of the Securities Exchange Act ‘‘Controlled National Securities Miami International Securities of 1934 (‘‘Act’’) 1 and Rule 19b–4 Exchange.’’ This proposed amendment Exchange, LLC, or a facility thereof thereunder,2 notice is hereby given that is based upon use of the identical .... defined term in the corporate on May 28, 2015, Miami International Article EIGHTH would thereby make documents of another national Securities Exchange LLC (‘‘MIAX’’ or clear that MIAX is covered as a securities exchange.3 The term ‘‘Exchange’’) filed with the Securities Controlled National Securities ‘‘Controlled National Securities and Exchange Commission Exchange. The terminology ‘‘Controlled Exchange’’ is proposed to be defined as (‘‘Commission’’) a proposed rule change National Securities Exchange,’’ ‘‘a any national securities exchange which as described in Items I, II, and III below, Controlled National Securities MIH shall control, directly or which Items have been prepared by the Exchange,’’ or ‘‘each Controlled indirectly.4 As proposed, the defined Exchange. The Commission is National Securities Exchange’’ would be term ‘‘Controlled National Securities publishing this notice to solicit substituted in place of the terminology Exchange’’ would be more comments on the proposed rule change ‘‘Miami International Securities comprehensive than simple references from interested persons. Exchange, LLC’’ or ‘‘the Miami to MIAX in that it would equally apply International Securities Exchange, LLC’’ I. Self-Regulatory Organization’s to any other national securities in Article EIGHTH (to require that any Statement of the Terms of Substance of exchange that MIH may control, directly amendment to or any repeal of any the Proposed Rule Change or indirectly, in the future. As provision of the MIH Certificate of specifically noted in the proposed MIH The Exchange is filing a proposal to Incorporation be submitted to the Board Certificate of Incorporation and MIH By- amend the Amended and Restated of Directors of each Controlled National Laws,5 such defined term would Certificate of Incorporation and the Securities Exchange), Article NINTH continue to cover MIAX (the sole Amended and Restated By-Laws of the and Article NINTH subsections (a)(ii), national securities exchange currently sole limited liability company member (b)(i), and (b)(ii)(B) (to impose of MIAX, Miami International Holdings, limitations on the voting, transfer and Inc. 3 See Certificate of Incorporation of International Securities Exchange Holdings, Inc. (‘‘ISE ownership of shares of MIH’s capital The text of the proposed rule change Holdings’’), Article Fourth, Section III, Articles stock for so long as MIH shall control, is available on the Exchange’s Web site Tenth through Fourteenth; Second Amended and directly or indirectly, any Controlled at http://www.miaxoptions.com/filter/ Restated By-Laws of ISE Holdings, Article I, National Securities Exchange). wotitle/rule_filing, at MIAX’s principal Sections 1.4, 1.5 and 1.6, Article X, Section 10.1 and Article XI, Sections 11.1(b) and 11.2(b). See These changes would (i) enable the office, and at the Commission’s Public also Securities Exchange Act Release Nos. 59135 MIH Certificate of Incorporation to Reference Room. (December 22, 2008), 73 FR 79954 (December 30, accommodate the potential future 2008) (SR–ISE–2008–85). II. Self-Regulatory Organization’s ownership of more than one national 4 Such other national securities exchange has securities exchange by MIH, and (ii) Statement of the Purpose of, and defined the term in substantially the same manner Statutory Basis for, the Proposed Rule as proposed to be defined by MIAX. See Certificate ensure that any such future MIH Change of Incorporation of ISE Holdings, Article Fourth, Controlled National Securities Exchange Section III(a); Second Amended and Restated By- would enjoy and would be subject to the In its filing with the Commission, the Laws of ISE Holdings, Article I, Section 1.4. See same requirements, limitations and Exchange included statements also Securities Exchange Act Release Nos. 59135 (December 22, 2008), 73 FR 79954 (December 30, other self-regulatory organization concerning the purpose of and basis for 2008) (SR–ISE–2008–85). 5 See Amended and Restated Certificate of 6 See Securities Exchange Act Release No. 68341 1 15 U.S.C. 78s(b)(1). Incorporation of MIH, Article Eighth; Amended and (December 3, 2012), 77 FR 73089 (December 7, 2 17 CFR 240.19b–4. Restated By-Laws of MIH, Article VI, Section 2. 2012) (File No. 10–207).
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(‘‘SRO’’) standards as currently apply MIAX with the defined term so that such MIH By-Law would equally with respect to MIAX under MIH’s ‘‘Controlled National Securities apply to any stockholders of a charter documents. This amendment Exchange’’ and define it in Article VI, Controlled National Securities Exchange would not affect any of the Section 2 as ‘‘any national securities that is a corporate entity in the same requirements, limitations or other SRO exchange which this Corporation shall manner as it currently applies to limited standards which currently, and will control, directly or indirectly (each, a liability members of MIAX. This change continue to, apply with respect to MIAX ‘Controlled National Securities would correspond to the updated under MIH’s charter documents. No Exchange’), including but not limited to references to a Controlled National changes to the ownership or corporate Miami International Securities Securities Exchange replacing structure of MIAX or MIH are proposed Exchange, LLC. . .’’. Article VI, Section references to MIAX elsewhere in the by this proposed rule change. 2 would thereby make clear that MIAX MIH By-Laws. The Exchange also proposes to clarify is covered as a Controlled National The Exchange believes that the the defined term ‘‘Exchange Member’’ in Securities Exchange. The terminology foregoing changes are reasonably Article NINTH, Subsection (a)(ii)(D), so ‘‘Controlled National Securities designed to ensure that any MIH that it would apply to ‘‘any Person that Exchange,’’ ‘‘a Controlled National Controlled National Securities Exchange is a registered broker or dealer that has Securities Exchange,’’ ‘‘any Controlled will enjoy and be subject to the same been admitted to membership in a National Securities Exchange,’’ ‘‘each requirements, limitations and other SRO Controlled National Securities Controlled National Securities standards that currently apply under Exchange’’ rather than to ‘‘any Person Exchange,’’ or ‘‘such Controlled MIH’s charter documents with respect that is a registered broker or dealer that National Securities Exchange’’ would to MIAX, the only national securities has been admitted to membership in the replace the terminology ‘‘Miami exchange that is currently controlled, national securities exchange known as International Securities Exchange, LLC’’ directly or indirectly, by MIH, including Miami International Securities, LLC’’ as or ‘‘the Miami International Securities limitations upon ownership and voting it is currently defined. This change Exchange, LLC’’ in MIH By-Law Article of MIH capital stock and other would broaden the defined term VI, Section 2 (regarding meetings of LLC requirements designed to preserve the ‘‘Exchange Member’’ to include any Members or Stockholders of any independence of the self-regulatory member of an applicable Controlled Controlled National Securities function of, and Commission oversight National Securities Exchange, so that it Exchange), Article VII, Sections 1 over, any Controlled National Securities would not be limited to members of through 6 (regarding SRO Function of Exchange. These changes will allow for MIAX alone, and to correspond to the any Controlled National Securities greater flexibility in the corporate updated references to a Controlled Exchange), Article XI, Section 2 structure of MIH by enabling the MIH National Securities Exchange replacing (regarding liability to exchange Certificate of Incorporation and MIH By- MIAX elsewhere in the MIH Certificate members for loss or damage arising out Laws to accommodate the potential of Incorporation. of their use or enjoyment of the facilities future ownership of more than one In addition to the changes set forth of any Controlled National Securities national securities exchange by MIH. above, the Exchange proposes to make Exchange), and Article XII, Section 1 The Exchange notes that no changes to the following non-substantive changes (requiring that any amendment to or the ownership or corporate structure of to the MIH Certificate of Incorporation: repeal of any MIH By-Law provision be either MIAX or MIH have occurred or (i) Define the Securities Exchange Act of submitted to the Board of Directors of a are being proposed by this proposed 1934, as amended, as ‘‘(the ‘Act’)’’ in Controlled National Securities rule change. Article FOURTH, subsection D7(a), and Exchange). (ii) clarify in Article EIGHTH and These changes would (i) enable the 2. Statutory Basis Article TENTH, Section (b) that the MIH By-Laws to accommodate the references to the MIH Certificate of potential future ownership of more than MIAX believes that this proposed rule Incorporation are references to the one national securities exchange by change is consistent with Section 6(b) of ‘‘Amended and Restated’’ Certificate of MIH, and (ii) ensure that any such the Act 8 in general, and furthers the Incorporation of MIH. The Exchange future MIH Controlled National objectives of Sections 6(b)(1) and 6(b)(5) also proposes to delete dated references Securities Exchange would enjoy and of the Act 9 in particular, in that it to time periods and events that have would be subject to the same enables the Exchange to be so organized expired. Specifically, the Exchange requirements, limitations and other SRO as to have the capacity to carry out the proposes to delete text in Articles standards as currently apply with purposes of the Act and to comply, and EIGHTH and NINTH referring to respect to MIAX under MIH’s charter to enforce compliance by its Members commencement of certain obligations documents. This amendment would not and persons associated with its upon the registration of MIAX as a affect any of the requirements, Members with, the provisions of the national securities exchange, since such limitations or other SRO standards Act, the rules and regulations registration was granted on December 3, which currently, and will continue to, thereunder, and the rules of the 2012.7 These clarifying changes would apply with respect to MIAX under Exchange; and that it is designed to make the MIH Certificate of MIH’s charter documents. No changes to prevent fraudulent and manipulative Incorporation more concise, clear and the ownership or corporate structure of acts and practices, to promote just and understandable for, and eliminate the MIAX or MIH are proposed by this equitable principles of trade, to foster potential for confusion to, an investor in proposed rule change. cooperation and coordination with MIH, a MIAX member or other reader of The Exchange also proposes to add a persons engaged in facilitating the MIH Certificate of Incorporation. reference to ‘‘Stockholders’’ in the transactions in securities, to remove caption of Article VI, Section 2, add a impediments to and perfect the MIH By-Laws reference to ‘‘meeting of stockholders’’ mechanisms of a free and open market The Exchange proposes to amend the in the text of Article VI, Section 2, and and a national market system and, in MIH By-Laws to substitute references to replace the defined term ‘‘LLC Members’’ with the more generic term 8 15 U.S.C. 78f(b). 7 See supra note 6. ‘‘Equityholders’’ in Article VI, Section 2 9 15 U.S.C. 78f(b)(1) and (b)(5).
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general, to protect investors and the regarding the election of directors by Finally, this proposed rule change is public interest. MIH as the LLC Member of MIAX,10 and administrative in nature and does not Specifically, this proposed rule on other corporate functions of MIH as propose any changes to MIH’s or change is consistent with and will the parent entity of MIAX, to MIH in its MIAX’s current ownership or corporate facilitate an ownership structure by MIH capacity as an Equityholder or parent structure or MIAX’s operational or that will continue to provide the entity of a Controlled National trading structure. The Exchange will Commission with appropriate oversight Securities Exchange, will preserve the continue to operate in the same manner tools to ensure that the Commission will independence of the self-regulatory following the proposed rule change as it have the ability to enforce the Act with function of, and provide for operates today. respect to not only MIAX, but with Commission oversight over, such respect to any other national securities B. Self-Regulatory Organization’s Controlled National Securities Statement on Burden on Competition exchange that may in the future be Exchange. Such corporate functions of controlled, directly or indirectly, by MIH include those functions concerning The Exchange does not believe that MIH, and with respect to MIH as the confidentiality, record-keeping and the proposed rule change will impose parent entity of any such Controlled cooperation with the Commission to the any burden on competition that is not necessary or appropriate in furtherance National Securities Exchange. It is extent related to the operations, of the purposes of the Act. The further consistent with and will administration, self-regulatory function proposed changes to the MIH Certificate facilitate an ownership structure that or other activities of a Controlled of Incorporation and MIH By-Laws are will provide the Commission with National Securities Exchange.11 MIH administrative in nature and are appropriate oversight tools to ensure charter provisions regarding the that the Commission will have the designed to enable the Exchange to be foregoing are intended to facilitate the ability to enforce the Act with respect to organized so as to have the capacity to free exercise of the self-regulatory MIH’s directors, officers, employees and carry out the purposes of the Act and to function of a Controlled National agents to the extent they are involved in comply, and to enforce compliance by Securities Exchange and protect against the activities of a Controlled National its Exchange Members and persons inappropriate interference with such associated with its Exchange Members, Securities Exchange. 12 This proposed rule change is also function. Free exercise of the self- with the provisions of the Act, the rules consistent with and will facilitate an regulatory function of the Controlled and regulations thereunder, and the ownership structure of any national National Securities Exchange and rules of the Exchange. As such, this is securities exchange that may in the protection against inappropriate conflict not a competitive filing and thus does future be controlled, directly or or interference with such function will not impose any burden on competition. indirectly, by MIH, by providing such be further achieved by requiring that C. Self-Regulatory Organization’s Controlled National Securities Exchange any amendment or repeal of MIH Statement on Comments on the with appropriate oversight tools to carry charter provisions be submitted to the Proposed Rule Change Received From out the purposes of, and to comply with, Board of Directors of each Controlled Members, Participants, or Others the Act, and to enforce compliance by National Securities Exchange and filed MIH as the parent holding entity, by the with and approved by the Commission Written comments were neither Controlled National Securities if required,13 and by imposing solicited nor received. Exchange’s members and persons limitations on the voting, transfer and III. Date of Effectiveness of the associated with such members, and by ownership of shares of MIH’s capital Proposed Rule Change and Timing for MIH’s directors, officers, employees and stock for so long as MIH controls, Commission Action agents to the extent they are involved in directly or indirectly, any Controlled the activities of such Controlled National Securities Exchange.14 Because the foregoing proposed rule change does not: (i) Significantly affect National Securities Exchange, with the The Exchange’s proposed Act, the rules and regulations the protection of investors or the public amendments also address other non- interest; (ii) impose any significant thereunder, and the internal rules of substantive revisions which reflect such Controlled National Securities burden on competition; and (iii) become changes since the Commission granted operative for 30 days after the date of Exchange as applicable. the Exchange’s registration as a national This proposed rule change is also the filing, or such shorter time as the securities exchange on December 3, consistent with and will help to ensure Commission may designate, it has 2012 15 in order to make the MIH that the requirements, limitations and become effective pursuant to 19(b)(3)(A) Certificate of Incorporation more 16 17 other SRO standards that currently of the Act and Rule 19b–4(f)(6) concise, clear and understandable for, apply with respect to MIAX pursuant to thereunder. and eliminate the potential for MIH’s charter documents, would also At any time within 60 days of the confusion to, an investor in MIH, a equally apply with respect to any other filing of the proposed rule change, the MIAX member or other reader of MIH’s national securities exchange that MIH Commission summarily may charter documents, thereby protecting may in the future control, directly or temporarily suspend such rule change if investors and the public interest. indirectly, thereby serving to prevent it appears to the Commission that such fraudulent and manipulative acts and action is necessary or appropriate in the 10 practices, promote just and equitable See Amended and Restated By-Laws of MIH, public interest, for the protection of Article VI, Section 2. investors, or otherwise in furtherance of principles of trade, foster cooperation 11 See Amended and Restated By-Laws of MIH, and coordination with persons engaged Article VII. 16 15 U.S.C. 78s(b)(3)(A). 12 See Amended and Restated By-Laws of MIH, in facilitating transactions in securities, 17 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Article VII, Section 1. remove impediments to and perfect the 4(f)(6) requires a self-regulatory organization to give 13 mechanisms of a free and open market See Amended and Restated Certificate of the Commission written notice of its intent to file and a national market system, and Incorporation of MIH, Article Eighth. the proposed rule change at least five business days 14 See Amended and Restated Certificate of prior to the date of filing of the proposed rule protect investors and the public interest. Incorporation of MIH, Article Ninth and Article change, or such shorter time as designated by the For example, the equal application of Ninth subsections (a)(ii), (b)(i), and (b)(ii)(B). Commission. The Exchange has satisfied this specifically enumerated requirements 15 See supra note 6. requirement.
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the purposes of the Act. If the For the Commission, by the Division of investors individually, and the investors Commission takes such action, the Trading and Markets, pursuant to delegated consent to the delivery of a single Commission shall institute proceedings authority.18 prospectus. The rule applies to to determine whether the proposed rule Robert W. Errett, prospectuses and prospectus should be approved or disapproved. Deputy Secretary. supplements. Currently, the rule [FR Doc. 2015–14243 Filed 6–10–15; 8:45 am] permits householding of all IV. Solicitation of Comments BILLING CODE 8011–01–P prospectuses by an issuer, underwriter, Interested persons are invited to or dealer relying on the rule if, in submit written data, views, and addition to the other conditions set forth arguments concerning the foregoing, SECURITIES AND EXCHANGE in the rule, the issuer, underwriter, or including whether the proposed rule COMMISSION dealer has obtained from each investor change is consistent with the Act. written or implied consent to Comments may be submitted by any of Submission for OMB Review; householding.2 The rule requires the following methods: Comment Request issuers, underwriters, or dealers that Electronic Comments Upon Written Request, Copies Available wish to household prospectuses with implied consent to send a notice to each • Use the Commission’s Internet From: Securities and Exchange Commission, Office of FOIA Services, investor stating that the investors in the comment form (http://www.sec.gov/ household will receive one prospectus rules/sro.shtml); or 100 F Street NE., Washington, DC • 20549–2736. in the future unless the investors Send an email to rule-comments@ provide contrary instructions. In sec.gov. Please include File Number SR– Extension: addition, at least once a year, issuers, MIAX–2015–38 on the subject line. Rule 154; OMB Control No. 3235–0495, underwriters, or dealers, relying on rule SEC File No. 270–438. Paper Comments 154 for the householding of Notice is hereby given that, under the • Send paper comments in triplicate prospectuses relating to open-end Paperwork Reduction Act of 1995 (44 management investment companies that to Secretary, Securities and Exchange U.S.C. 3501–3520), the Securities and Commission, 100 F Street NE., are registered under the Investment Exchange Commission (the Washington, DC 20549–1090. Company Act of 1940 (‘‘mutual funds’’) ‘‘Commission’’) has submitted to the must explain to investors who have All submissions should refer to File Office of Management and Budget a provided written or implied consent Number SR–MIAX–2015–38. This file request for extension of the previously how they can revoke their consent.3 number should be included on the approved collection of information Preparing and sending the notice and subject line if email is used. To help the discussed below. the annual explanation of the right to Commission process and review your The federal securities laws generally revoke are collections of information. comments more efficiently, please use prohibit an issuer, underwriter, or The rule allows issuers, underwriters, only one method. The Commission will dealer from delivering a security for sale or dealers to household prospectuses if post all comments on the Commission’s unless a prospectus meeting certain certain conditions are met. Among the Internet Web site (http://www.sec.gov/ requirements accompanies or precedes conditions with which a person relying rules/sro.shtml). Copies of the the security. Rule 154 (17 CFR 230.154) on the rule must comply are providing submission, all subsequent under the Securities Act of 1933 (15 notice to each investor that only one amendments, all written statements U.S.C. 77a) (the ‘‘Securities Act’’) prospectus will be sent to the household with respect to the proposed rule permits, under certain circumstances, and, in the case of issuers that are change that are filed with the delivery of a single prospectus to mutual funds, providing to each Commission, and all written investors who purchase securities from investor who consents to householding communications relating to the the same issuer and share the same an annual explanation of the right to proposed rule change between the address (‘‘householding’’) to satisfy the revoke consent to the delivery of a Commission and any person, other than applicable prospectus delivery single prospectus to multiple investors those that may be withheld from the requirements.1 The purpose of rule 154 sharing an address. The purpose of the public in accordance with the is to reduce the amount of duplicative notice and annual explanation provisions of 5 U.S.C. 552, will be prospectuses delivered to investors requirements of the rule is to ensure that available for Web site viewing and sharing the same address. investors who wish to receive printing in the Commission’s Public Under rule 154, a prospectus is individual copies of prospectuses are Reference Room, 100 F Street NE., considered delivered to all investors at able to do so. Washington DC 20549, on official a shared address, for purposes of the Although rule 154 is not limited to business days between the hours of federal securities laws, if the person mutual funds, the Commission believes 10:00 a.m. and 3:00 p.m. Copies of such relying on the rule delivers the that it is used mainly by mutual funds filing also will be available for prospectus to the shared address, and by broker-dealers that deliver inspection and copying at the principal addresses the prospectus to the mutual fund prospectuses. The offices of the Exchange. All comments investors as a group or to each of the Commission is unable to estimate the received will be posted without change; number of issuers other than mutual the Commission does not edit personal 1 The Securities Act requires the delivery of funds that rely on the rule. identifying information from prospectuses to investors who buy securities from The Commission estimates that, as of submissions. You should submit only an issuer or from underwriters or dealers who March 2015, there are approximately participate in a registered distribution of securities. information that you wish to make See Securities Act sections 2(a)(10), 4(1), 4(3), 5(b) available publicly. All submissions (15 U.S.C. 77b(a)(10), 77d(1), 77d(3), 77e(b)); see 2 Rule 154 permits the householding of should refer to File Number SR–MIAX– also rule 174 under the Securities Act (17 CFR prospectuses that are delivered electronically to 2015–38, and should be submitted on or 230.174) (regarding the prospectus delivery investors only if delivery is made to a shared obligation of dealers); rule 15c2–8 under the electronic address and the investors give written before July 2, 2015. Securities Exchange Act of 1934 (17 CFR 240.15c2– consent to householding. Implied consent is not 8) (prospectus delivery obligations of brokers and permitted in such a situation. See rule 154(b)(4). 18 17 CFR 200.30–3(a)(12). dealers). 3 See Rule 154(c).
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1,640 mutual funds, approximately 410 The public may view the background 17, 2015, pursuant to Section 19(b)(2) of of which engage in direct marketing and documentation for this information the Act,5 the Commission designated a therefore deliver their own collection at the following Web site, longer period within which to either prospectuses. Of the approximately 410 www.reginfo.gov. Comments should be approve the proposed rule change, mutual funds that engage in direct directed to: (i) Desk Officer for the disapprove the proposed rule change, or marketing, the Commission estimates Securities and Exchange Commission, institute proceedings to determine that approximately half of these mutual Office of Information and Regulatory whether to disapprove the proposed funds (205) (i) do not send the implied Affairs, Office of Management and rule change.6 consent notice requirement because Budget, Room 10102, New Executive Pursuant to Section 19(b)(1) of the they obtain affirmative written consent Office Building, Washington, DC 20503, Act 7 and Rule 19b–4 thereunder,8 to household prospectuses in the fund’s or by sending an email to: Shagufta_ notice is hereby given that, on June 3, account opening documentation; or (ii) [email protected]; and (ii) Pamela 2015, the Exchange filed with the do not take advantage of the Dyson, Director/Chief Information Commission Amendment No. 1 to the householding provision because of Officer, Securities and Exchange proposed rule change, as described in electronic delivery options which lessen Commission, c/o Remi Pavlik-Simon, Sections I and II below, which Sections the economic and operational benefits 100 F Street NE., Washington, DC 20549 have been prepared by the Exchange.9 of rule 154 when compared with the or send an email to: PRA_Mailbox@ The Commission is publishing this costs of compliance. Therefore, the sec.gov. Comments must be submitted to notice to solicit comments on the Commission estimates that each direct- OMB within 30 days of this notice. proposed rule change, as modified by marketed fund will spend an average of Dated: June 5, 2015. Amendment No. 1 thereto, from 20 hours per year complying with the Robert W. Errett, interested persons. notice requirement of the rule, for a total Deputy Secretary. Additionally, this order institutes of 4,100 hours. Of the 410 mutual funds [FR Doc. 2015–14246 Filed 6–10–15; 8:45 am] proceedings under Section 19(b)(2)(B) of that engage in direct marketing, the 10 BILLING CODE 8011–01–P the Act to determine whether to Commission estimates that approve or disapprove the proposed approximately seventy-five percent rule change, as modified by Amendment (308) of these funds will each spend 1 SECURITIES AND EXCHANGE No. 1 thereto, as discussed in Section III hour complying with the annual COMMISSION below. The institution of proceedings explanation of the right to revoke does not indicate that the Commission requirement of the rule, for a total of 308 [Release No. 34–75115; File No. SR– has reached any conclusions with NYSEArca–2015–02] hours. The Commission estimates that respect to any of the issues involved, there are approximately 200 broker- Self-Regulatory Organizations; NYSE nor does it mean that the Commission dealers that carry customer accounts Arca, Inc.; Notice of Filing of will ultimately disapprove the proposed and, therefore, may be required to Amendment No. 1 and Order Instituting rule change. Rather, as described in deliver mutual fund prospectuses. The Proceedings To Determine Whether To Section III, below, the Commission Commission estimates that each affected Approve or Disapprove a Proposed seeks and encourages interested persons broker-dealer will spend, on average, Rule Change, as Modified by to provide additional comment on the approximately 20 hours complying with Amendment No. 1 Thereto, To Amend proposed rule change to inform the the notice requirement of the rule, for a NYSE Arca Equities Rule 8.600 To Commission’s analysis of whether to total of 4,000 hours. Each broker-dealer Adopt Generic Listing Standards for will also spend 1 hour complying with Managed Fund Shares Officer, Eaton Vance Corp. (‘‘Eaton Vance’’), to the annual explanation of the right to Brent J. Fields, Secretary, Commission (all revoke requirement, for a total of 200 June 5, 2015. comments to the proposed rule change are available on the Commission’s Web site at http:// hours. Therefore, the total number of On February 17, 2015, NYSE Arca, www.sec.gov/comments/sr-nysearca-2015-02/ respondents for rule 154 is 507 (307 Inc. (‘‘NYSE Arca’’ or ‘‘Exchange’’) filed nysearca201502.shtml). ICI expressed strong mutual funds plus 200 broker-dealers), with the Securities and Exchange support for the proposal, stating that it would add and the estimated total hour burden is Commission (‘‘SEC’’ or ‘‘Commission’’), certainty and uniformity to the ETF listing process. Eaton Vance also expressed support for the approximately 8,608 hours (4,408 hours pursuant to Section 19(b)(1) of the proposal and offered suggestions to enhance the for mutual funds plus 4,200 hours for Securities Exchange Act of 1934 disclosure regime for Managed Fund Shares. The broker-dealers). (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a anonymous commenter said ‘‘Great job!’’ The estimate of average burden hours proposed rule change to amend NYSE 5 15 U.S.C. 78s(b)(2). is made solely for the purposes of the Arca Equities Rule 8.600 to adopt 6 See Securities Exchange Act Release No. 74755, 80 FR 22762 (Apr. 23, 2014). The Commission Paperwork Reduction Act, and is not generic listing standards for Managed determined that it was appropriate to designate a derived from a comprehensive or even Fund Shares. The proposed rule change longer period within which to take action on the a representative survey or study of the was published for comment in the proposed rule change so that it has sufficient time costs of Commission rules and forms. Federal Register on March 10, 2015.3 to consider the proposed rule change and the comments received. Accordingly, the Commission Compliance with the collection of The Commission received three designated June 8, 2015 as the date by which it 4 information requirements of the rule is comments on the proposal. On April should approve, disapprove, or institute necessary to obtain the benefit of relying proceedings to determine whether to disapprove the on the rule. Responses to the collections 1 15 U.S.C. 78s(b)(1). proposed rule change. 2 7 15 U.S.C.78s(b)(1). of information will not be kept 17 CFR 240.19b–4. 3 See Securities Exchange Act Release No. 74433 8 17 CFR 240.19b–4. confidential. The rule does not require (Mar. 4, 2015), 80 FR 12690 (‘‘Notice’’). 9 Amendment No. 1 amends and replaces the these records be retained for any 4 See letter dated March 31, 2015 from filing, SR–NYSEArca–2015–02, and supersedes specific period of time. An agency may Anonymous; letter dated March 31, 2015 from such filing in its entirety (Amendment No. 1 to the not conduct or sponsor, and a person is Dorothy Donohue, Deputy General Counsel, proposed rule change is also available on the Securities Regulation, Investment Company Commission’s Web site at http://www.sec.gov/ not required to respond to, a collection Institute (‘‘ICI’’), to Brent J. Fields, Secretary, comments/sr-nysearca-2015-02/ of information unless it displays a Commission; and letter dated March 31, 2015 from nysearca201502.shtml). currently valid control number. Thomas E. Faust Jr., Chairman and Chief Executive 10 15 U.S.C. 78s(b)(2)(B).
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approve or disapprove the proposed 8.600(c)(1), the term ‘‘Managed Fund for listing and trading new series of rule change. Share’’ means a security that: Managed Fund Shares on the Exchange (a) Represents an interest in a requires that the Exchange submit a I. Self-Regulatory Organization’s registered investment company proposed rule change with the Statement of the Terms of Substance of (‘‘Investment Company’’) organized as Commission. In this regard, the Proposed Rule Change an open-end management investment Commentary .01 to Rule 8.600 specifies The Exchange proposes to amend company or similar entity, that invests that the Exchange will file separate NYSE Arca Equities Rule 8.600 to adopt in a portfolio of securities selected by proposals under Section 19(b) of the Act generic listing standards for Managed the Investment Company’s investment (hereafter, a ‘‘proposed rule change’’) Fund Shares. The text of the proposed adviser (hereafter ‘‘Adviser’’) consistent before listing and trading of shares of an rule change is available on the with the Investment Company’s issue of Managed Fund Shares. Exchange’s Web site at www.nyse.com, investment objectives and policies; Proposed Changes to Rule 8.600 at the principal office of the Exchange, (b) is issued in a specified aggregate and at the Commission’s Public minimum number in return for a The Exchange would amend Reference Room. deposit of a specified portfolio of Commentary .01 to Rule 8.600 to specify that the Exchange may approve II. Self-Regulatory Organization’s securities and/or a cash amount with a Managed Fund Shares for listing and/or Statement of the Purpose of, and value equal to the next determined net trading (including pursuant to unlisted Statutory Basis for, the Proposed Rule asset value; and trading privileges) pursuant to SEC Rule Change (c) when aggregated in the same specified minimum number, may be 19b–4(e) under the Act, which pertains In its filing with the Commission, the redeemed at a holder’s request, which to derivative securities products (‘‘SEC self-regulatory organization included holder will be paid a specified portfolio Rule 19b–4(e)’’).14 SEC Rule 19b–4(e)(1) statements concerning the purpose of, of securities and/or cash with a value provides that the listing and trading of and basis for, the proposed rule change equal to the next determined net asset a new derivative securities product by a and discussed any comments it received value. self-regulatory organization (‘‘SRO’’) is on the proposed rule change. The text Effectively, Managed Fund Shares are not deemed a proposed rule change, of those statements may be examined at securities issued by an actively- pursuant to paragraph (c)(1) of Rule the places specified in Item IV below. managed open-end Investment 19b–4,15 if the Commission has The Exchange has prepared summaries, Company (i.e., an actively-managed approved, pursuant to section 19(b) of set forth in sections A, B, and C below, exchange-traded fund (‘‘ETF’’)). Because the Act, the SRO’s trading rules, of the most significant parts of such Managed Fund Shares are actively- procedures and listing standards for the statements. managed, they do not seek to replicate product class that would include the A. Self-Regulatory Organization’s the performance of a specified passive new derivative securities product and Statement of the Purpose of, and index of securities. Instead, they the SRO has a surveillance program for Statutory Basis for, the Proposed Rule generally use an active investment the product class. This is the current Change strategy to seek to meet their investment method pursuant to which ‘‘passive’’ objectives. In contrast, an open-end ETFs are listed under NYSE Arca 1. Purpose Investment Company that issues Equities Rule 5.2(j)(3). The Exchange proposes to amend Investment Company Units (‘‘Units’’), The Exchange would also specify NYSE Arca Equities Rule 8.600 to adopt listed and traded on the Exchange within Commentary .01 to Rule 8.600 generic listing standards for Managed pursuant to NYSE Arca Equities Rule that components of Managed Fund Fund Shares. Under the Exchange’s 5.2(j)(3), seeks to provide investment Shares listed pursuant to SEC Rule 19b– current rules, a proposed rule change results that generally correspond to the 4(e) must satisfy on an initial and must be filed with the Commission for price and yield performance of a continued basis certain specific criteria, the listing and trading of each new specific foreign or domestic stock index, which the Exchange would include series of Managed Fund Shares. The fixed income securities index or within Commentary .01, as described in Exchange believes that it is appropriate combination thereof. greater detail below. As proposed, the to codify certain rules within Rule 8.600 All Managed Fund Shares listed and/ Exchange would continue to file that would generally eliminate the need or traded pursuant to Rule 8.600 separate proposed rule changes before for such proposed rule changes, which (including pursuant to unlisted trading the listing and trading of Managed Fund would create greater efficiency and privileges) are subject to the full Shares with components that do not promote uniform standards in the listing panoply of Exchange rules and satisfy the additional criteria described process.11 procedures that currently govern the below or components other than those specified below. For example, if the Background trading of equity securities on the Exchange.13 components of a Managed Fund Share Rule 8.600 sets forth certain rules In addition, Rule 8.600(d) currently exceeded one of the applicable related to the listing and trading of provides for the criteria that Managed thresholds, the Exchange would file a 12 Managed Fund Shares. Under Rule Fund Shares must satisfy for initial and continued listing on the Exchange, 14 17 CFR 240.19b–4(e). As provided under SEC 11 This Amendment No. 1 to SR–NYSEArca– Rule 19b–4(e), the term ‘‘new derivative securities 2015–02 replaces SR–NYSEArca–2015–02 as including, for example, that a minimum product’’ means any type of option, warrant, hybrid originally filed and supersedes such filing in its number of Managed Fund Shares are securities product or any other security, other than entirety. required to be outstanding at the time of a single equity option or a security futures product, 12 See Securities Exchange Act Release No. 57619 commencement of trading on the whose value is based, in whole or in part, upon the (April 4, 2008), 73 FR 19544 (April 10, 2008) (SR– Exchange. However, the current process performance of, or interest in, an underlying NYSEArca–2008–25) (order approving NYSE Arca instrument. Equities Rule 8.600 and listing and trading of shares 15 17 CFR 240.19b–4(c)(1). As provided under of certain issues of Managed Fund Shares) (the listing fees applicable to Managed Fund Shares, and SEC Rule 19b–4(c)(1), a stated policy, practice, or ‘‘Approval Order’’). The Approval Order approved the listing and trading of several individual series interpretation of the SRO shall be deemed to be a the rules permitting the listing and trading of of Managed Fund Shares. proposed rule change unless it is reasonably and Managed Fund Shares, trading hours and halts, 13 See Approval Order, supra note 12, at 19547. fairly implied by an existing rule of the SRO.
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separate proposed rule change before Shares to qualify for listing and trading Securities 21 listed on a national listing and trading such Managed Fund pursuant to SEC Rule 19b–4(e). These securities exchange as follows: Share. Similarly, if the components of a standards would be grouped according (1) Component stocks (excluding Managed Fund Share included a to security or asset type. The Exchange Derivative Securities Products and security or asset that is not specified notes that the standards proposed for a Index-Linked Securities) that in the below, the Exchange would file a Managed Fund Share portfolio that aggregate account for at least 90% of the separate proposed rule change. holds domestic equity securities, equity weight of the portfolio (excluding The Exchange would also add to the Derivative Securities Products and such Derivative Securities Products and criteria of Rule 8.600(c) to provide that Index-Linked Securities are based in the Web site for each series of Managed large part on the existing equity security Index-Linked Securities) each must Fund Shares shall disclose certain standards applicable to Units in have a minimum market value of at least 22 information regarding the Disclosed Commentary .01 to Rule 5.2(j)(3). The $75 million; Portfolio, to the extent applicable. The standards proposed for a Managed Fund (2) Component stocks (excluding required information includes the Share portfolio that holds fixed income Derivative Securities Products and following, to the extent applicable: securities are based in large part on the Index-Linked Securities) that in the ticker symbol, CUSIP or other identifier, existing fixed income security standards aggregate account for at least 70% of the a description of the holding, identity of applicable to Units in Commentary .02 equity weight of the portfolio (excluding the asset upon which the derivative is to Rule 5.2(j)(3). Many of the standards such Derivative Securities Products and based, the strike price for any options, proposed for other types of holdings in Index-Linked Securities) each must the quantity of each security or other a Managed Fund Share portfolio are have a minimum monthly trading asset held as measured by select based on previous proposed rule volume of 250,000 shares, or minimum metrics, maturity date, coupon rate, changes for specific series of Managed notional volume traded per month of effective date, market value and Fund Shares.18 $25,000,000, averaged over the last six percentage weight of the holding in the Proposed Commentary .01(a) would months; 23 portfolio.16 describe the standards for a Managed (3) The most heavily weighted In addition, the Exchange would Fund Share portfolio that holds equity component stock (excluding Derivative amend Rule 8.600(d) to specify that all securities, which are defined to be U.S. Securities Products and Index-Linked Managed Fund Shares must have a Component Stocks,19 Derivative stated investment objective, which must Securities Products,20 and Index-Linked Securities) must not exceed 30% of the be adhered to under normal market equity weight of the portfolio, and, to 17 the extent applicable, the five most conditions. 18 See the PIMCO Total Return Use of Derivatives Finally, the Exchange would also Approval. See also, Securities Exchange Act Release heavily weighted component stocks amend the continued listing Nos. 66321 (February 3, 2012), 77 FR 6850 (excluding Derivative Securities requirement in Rule 8.600(d)(2)(A) by (February 9, 2012) (SR–NYSEArca–2011–95) (the Products and Index-Linked Securities) ‘‘PIMCO Total Return Approval’’); [sic] 69244 changing the requirement that a (March 27, 2013), 78 FR 19766 (April 2, 2013) (SR– must not exceed 65% of the equity Portfolio Indicative Value for Managed NYSEArca–2013–08) (the ‘‘SPDR Blackstone/GSO weight of the portfolio; 24 Fund Shares be widely disseminated by Senior Loan Approval’’); 68870 (February 8, 2013), (4) A portfolio that includes any one or more major market data vendors 78 FR 11245 (February 15, 2013) (SR–NYSEArca– 2012–139) (the ‘‘First Trust Preferred Securities and equity security as described in at least every 15 seconds during the Income Approval’’); 69591 (May 16, 2013), 78 FR Commentary .01(a) shall include a time when the Managed Fund Shares 30372 (May 22, 2013) (SR–NYSEArca–2013–33) minimum of 13 component stocks; (the ‘‘International Bear Approval’’); 61697 (March trade on the Exchange to a requirement provided, however, that there shall be that a Portfolio Indicative Value be 12, 2010), 75 FR 13616 (March 22, 2010) (SR– NYSEArca–2010–04) (the ‘‘WisdomTree Real no minimum number of component widely disseminated by one or more Return Approval’’); and 67054 (May 24, 2012), 77 stocks if (a) one or more series of major market data vendors at least every FR 32161 (May 31, 2012) (SR–NYSEArca–2012–25) Derivative Securities Products or Index- 15 seconds during the Core Trading (the ‘‘WisdomTree Brazil Bond Approval’’). Certain Session (as defined in NYSE Arca standards proposed herein for Managed Fund Linked Securities constitute, at least in Equities Rule 7.34). Shares are also based on previous proposed rule part, components underlying a series of changes for specific series of Units for which Managed Fund Shares, or (b) one or Proposed Managed Fund Share Portfolio Commission approval for listing was required due to the Units not satisfying certain standards of more series of Derivative Securities Standards Commentary .01 and .02 to Rule 5.2(j)(3). See Products or Index-Linked Securities The Exchange is proposing standards Securities Exchange Act Release Nos. 67985 account for 100% of the equity weight (October 4, 2012), 77 FR 61804 (October 11, 2012) that would pertain to Managed Fund (SR–NYSEArca–2012–92) (the ‘‘iShares 2018 S&P AMT-Free Municipal Series and iShares 2019 S&P 21 Index-Linked Securities are securities listed 16 Proposed rule changes for previously-listed AMT-Free Municipal Series Approval’’); under NYSE Arca Equities Rule 5.2(j)(6). series of Managed Fund Shares have similarly 63881(February 9, 2011), 76 FR 9065 (February 16, 22 This proposed text is identical to the included disclosure requirements with respect to 2011) (SR–NYSEArca–2010–120) (the ‘‘SPDR corresponding text of Commentary .01(a)(A)(1) to each portfolio holding, as applicable to the type of Nuveen S&P High Yield Municipal Bond ETF Rule 5.2(j)(3), except for the omission of the holding. See, e.g. Securities Exchange Act Release Approval’’); 63176 (October 25, 2010), 75 FR 66815 reference to ‘‘index,’’ which is not applicable, and No. 72666 (July 3, 2014), 79 FR 44224 (July 30, (October 29, 2010) (SR–NYSEArca–2010–94) (the the addition of the reference to Index-Linked 2014) (SR–NYSEArca–2013–122) (the ‘‘PIMCO ‘‘iShares Taxable Municipal Bond Fund Securities. Total Return Use of Derivatives Approval’’), at Approval’’); and 69373 (April 15, 2013), 78 FR 23 This proposed text is identical to the 44227. 23601 (April 19, 2013) (SR–NYSEArca–2012–108) corresponding text of Commentary .01(a)(A)(2) to 17 The Exchange would also add a new defined (the ‘‘NYSE Arca U.S. Equity Synthetic Reverse Rule 5.2(j)(3), except for the omission of the term under Rule 8.600(c)(5) to specify that the term Convertible Index Fund Approval’’). reference to ‘‘index,’’ which is not applicable, and ‘‘normal market conditions’’ includes, but is not 19 For the purposes of Commentary .01 and this the addition of the reference to Index-Linked limited to, the absence of trading halts in the proposal, the term ‘‘U.S. Component Stocks’’ would Securities. applicable financial markets generally; operational have the same meaning as defined in NYSE Arca 24 This proposed text is identical to the issues causing dissemination of inaccurate market Equities Rule 5.2(j)(3). corresponding text of Commentary .01(a)(A)(3) to information; or force majeure type events such as 20 For the purposes of Commentary .01 and this Rule 5.2(j)(3), except for the omission of the systems failure, natural or man-made disaster, act proposal, the term ‘‘Derivative Securities Products’’ reference to ‘‘index,’’ which is not applicable, and of God, armed conflict, act of terrorism, riot or labor would have the same meaning as defined in NYSE the addition of the reference to Index-Linked disruption or any similar intervening circumstance. Arca Equities Rule 7.34(a)(4)(A). Securities.
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of the portfolio of a series of Managed (i) Each shall have a minimum issuers required for fixed income Fund Shares; 25 original principal amount outstanding securities if at least 70% of the weight (5) Except as provided in proposed of $100 million or more; 28 or of the portfolio consists of equity Commentary .01(a), equity securities in (ii) if a municipal bond component, securities as described in proposed the portfolio must be U.S. Component such component shall be issued in an Commentary .01(a).31 Stocks listed on a national securities offering with an aggregate size, as set (4) Component securities that in exchange and must be NMS Stocks as forth in the official statement of the aggregate account for at least 90% of the 29 defined in Rule 600 of Regulation offering, of $100 million or more; fixed income weight of the portfolio NMS; 26 (2) No component fixed-income must be either (a) from issuers that are security (excluding Treasury Securities (6) For Derivative Securities Products required to file reports pursuant to and GSE Securities) could represent Sections 13 and 15(d) of the Act; (b) and Index-Linked Securities, no more more than 30% of the fixed income than 25% of the equity weight of the from issuers that have a worldwide weight of the portfolio, and the five market value of its outstanding common portfolio could include leveraged and/or most heavily weighted component fixed inverse leveraged Derivative Securities equity held by non-affiliates of $700 income securities in the portfolio must million or more; (c) from issuers that Products or Index-Linked Securities; not in the aggregate account for more and have outstanding securities that are than 65% of the fixed income weight of notes, bonds debentures, or evidence of (7) American Depositary Receipts 30 the portfolio, indebtedness having a total remaining (‘‘ADRs’’) may be sponsored or (3) An underlying portfolio (excluding principal amount of at least $1 billion; unsponsored. However no more than exempted securities) that includes fixed (d) exempted securities as defined in 10% of the equity weight of the income securities must include a Section 3(a)(12) of the Act; or (e) from portfolio shall consist of unsponsored minimum of 13 non-affiliated issuers; issuers that are a government of a ADRs. provided, however, that there shall be foreign country or a political no minimum number of non-affiliated Proposed Commentary .01(b) would subdivision of a foreign country; and describe the standards for a Managed (5) Non-agency, non-GSE and Fund Share portfolio that holds fixed 28 This text of proposed Commentary .01(b)(1)(i) privately-issued mortgage-related and income securities, which are debt to Rule 8.600 is based on the corresponding text of Commentary .02(a)(2) to Rule 5.2(j)(3) . other asset-backed securities securities 27 that are notes, bonds, 29 This proposed text is similar to the amendment components of a portfolio shall not debentures or evidence of indebtedness to Commentary .02(a)(2) to Rule 5.2(j)(3) as account, in the aggregate, for more than that include, but are not limited to, U.S. proposed in SR–NYSEArca–2015–01. See Securities 20% of the weight of the fixed income Department of Treasury securities Exchange Act Release No. 74175 (January 29, 2015), 80 FR 6150 (February 4, 2015) (notice of filing of portion of the portfolio. (‘‘Treasury Securities’’), government- proposed rule change amending NYSE Arca Proposed Commentary .01(c) would sponsored entity securities (‘‘GSE Equities Rule 5.2(j)(3), Commentary .02 relating to Securities’’), municipal securities, trust listing of Investment Company Units based on describe the standards for a Managed preferred securities, supranational debt municipal bond indexes). Proposed rule changes for Fund Share portfolio that holds cash 32 and debt of a foreign country or a series of Units previously listed and traded on the and cash equivalents. Specifically, the Exchange pursuant to Rule 5.2(j)(3) similarly portfolio may hold short-term subdivision thereof, investment grade included the ability for such Units’ holdings to and high yield corporate debt, bank include municipal bond components with instruments with maturities of less than loans, mortgage and asset backed individual principal amount outstanding of less 3 months. There would be no limitation securities, and commercial paper. The than $100 million. See, e.g., iShares 2018 S&P to the percentage of the portfolio AMT-Free Municipal Series and iShares 2019 S&P invested in such holdings. Short-term applicable portfolio holdings standards AMT-Free Municipal Series Approval, supra note would be as follows: 18, at 61807; SPDR Nuveen S&P High Yield instruments would include the Municipal Bond ETF Approval, supra note 18, at following: 33 (1) Components that in the aggregate 9066; and iShares Taxable Municipal Bond Fund account for at least 75% of the fixed (1) U.S. Government securities, Approval, supra note 18, at 66815–6. The proposed including bills, notes and bonds income weight of the portfolio shall rule takes into account features of municipal bonds meet the following: that differ from those of most other Fixed Income differing as to maturity and rates of Securities. Principally, municipal bonds are issued interest, which are either issued or with either ‘‘serial’’ or ‘‘term’’ maturities or some guaranteed by the U.S. Treasury or by 25 This proposed text is identical to the combination thereof. The official statement issued corresponding text of Commentary .01(a)(A)(4) to in connection with a municipal bond offering Rule 5.2(j)(3), except for the omission of the describes the terms of the bonds and the issuer and/ 31 This proposed text is similar to the reference to ‘‘index,’’ which is not applicable, the or obligor on the related bonds, which is comprised corresponding text of Commentary .02(a)(5) to Rule addition of the reference to Index-Linked Securities, of a number of specific maturity sizes. The entire 5.2(j)(3), except for the omission of the reference to and the reference to the 100% limit applying to the issue (sometimes referred to as the ‘‘deal size’’) ‘‘index,’’ which is not applicable, the exclusion of ‘‘equity portion’’ of the portfolio. receives the same credit rating and the various the text ‘‘consisting entirely of exempted securities’’ 26 17 CFR 240.600. This proposed text is identical maturities are all subject to the provisions set forth and the provision that there shall be no minimum to the corresponding text of Commentary in the official statement. The entire issue is based number of non-affiliated issuers required for fixed .01(a)(A)(5) to Rule 5.2(j)(3), except for the addition on a specified project or group of related projects income securities if at least 70% of the weight of of ‘‘equity’’ to make clear that the standard applies and funded by the same revenue or other funding the portfolio consists of equity securities as to ‘‘equity securities’’, the exclusion of unsponsored sources identified in the official statement. The described in proposed Commentary .01(a). ADRs, and the omission of the reference to ‘‘index,’’ Exchange believes that the proposed rule change is 32 Proposed rule changes for previously-listed which is not applicable. reasonable and appropriate in that pricing and series of Managed Fund Shares have similarly 27 Debt securities include a variety of fixed liquidity of such maturity sizes is predominately included the ability for such Managed Fund Share income obligations, including, but not limited to, based on the common characteristics of the holdings to include cash and cash equivalents. See, corporate debt securities, government securities, aggregate issue of which the municipal bond is part. e.g., SPDR Blackstone/GSO Senior Loan Approval, municipal securities, convertible securities, and Thus, consideration of the aggregate issue rather supra note 18, at 19768–69 and First Trust Preferred mortgage-backed securities. Debt securities include than the individual bond component does not raise Securities and Income Approval, supra note 18, at investment-grade securities, non-investment-grade concerns regarding pricing or liquidity of the index 76150. securities, and unrated securities. Debt securities components or of the Units overlying the applicable 33 Proposed rule changes for previously-listed also include variable and floating rate securities. To municipal bond index. series of Managed Fund Shares have similarly the extent a fund holds a convertible security, the 30 This proposed text is identical to the specified short-term instruments with respect to equity security into which such security is corresponding text of Commentary .02(a)(4) to Rule their inclusion in Managed Fund Share holdings. converted would be required to meet the criteria of 5.2(j)(3), except for the omission of the reference to See, e.g., First Trust Preferred Securities and proposed Commentary .01(a). ‘‘index,’’ which is not applicable. Income Approval, supra note 18, at 76150–51.
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U.S. Government agencies or Proposed Commentary .01(e)(1) would Shares during the Opening and Late instrumentalities; provide that no more than 60% of the Trading Sessions when an updated (2) certificates of deposit issued assets in the portfolio may be invested Portfolio Indicative Value will not be against funds deposited in a bank or in OTC derivatives, provided, however, calculated or publicly disseminated, savings and loan association; that no more than 20% of the assets in information regarding the Portfolio (3) bankers’ acceptances, which are the portfolio may be invested in OTC Indicative Value and the Disclosed short-term credit instruments used to derivatives that are not centrally Portfolio, prospectus delivery finance commercial transactions; cleared. requirements, and other trading (4) repurchase agreements and reverse Proposed Commentary .01(f) would information. In addition, the Bulletin repurchase agreements; provide that, to the extent that listed or will disclose that the Managed Fund (5) bank time deposits, which are OTC derivatives are used to gain Shares are subject to various fees and monies kept on deposit with banks or exposure to individual equities and/or expenses, as described in the savings and loan associations for a fixed income securities, or to indexes of Registration Statement, and will discuss stated period of time at a fixed rate of equities and/or fixed income securities, any exemptive, no-action, and interest; such equities and/or fixed income interpretive relief granted by the (6) commercial paper, which are securities, as applicable, shall meet the Commission from any rules under the short-term unsecured promissory notes; criteria set forth in Commentary .01(a) Act. Finally, the Bulletin will disclose and and .01(b) to Rule 8.600, respectively. that the net asset value for the Managed (7) money market funds. The Exchange believes that the Fund Shares will be calculated after 4 Proposed Commentary .01(d) would proposed standards would continue to p.m. ET each trading day; and describe the standards for a Managed ensure transparency surrounding the (4) the issuer of a series of Managed Fund Share portfolio that holds listed listing process for Managed Fund Fund Shares will be required to comply derivatives, including futures, options Shares. Additionally, the Exchange with Rule 10A–3 under the Act for the and swaps on commodities, currencies believes that the proposed portfolio initial and continued listing of Managed and financial instruments (e.g., stocks, standards for listing and trading Fund Shares, as provided under NYSE fixed income, interest rates, and Managed Fund Shares, many of which Arca Equities Rule 5.3. volatility) or a basket or index of any of track existing Exchange rules relating to The Exchange notes that the proposed 34 the foregoing. There would be no Units, are reasonably designed to change is not otherwise intended to limitation to the percentage of the promote a fair and orderly market for address any other issues and that the portfolio invested in such holdings; such Managed Fund Shares.37 These Exchange is not aware of any problems provided, however, that, in the proposed standards would also work in that ETP Holders or issuers would have aggregate, at least 90% of the weight of conjunction with the existing initial and in complying with the proposed change. such holdings invested in futures and continued listing criteria related to 2. Statutory Basis exchange-traded options shall consist of surveillance procedures and trading futures and options whose principal guidelines. The Exchange believes that the market is a member of the Intermarket In support of this proposal, the proposed rule change is consistent with 39 Surveillance Group (‘‘ISG’’) or is a Exchange represents that: 38 Section 6(b) of the Act, in general, and market with which the Exchange has a (1) the Managed Fund Shares will furthers the objectives of Section 6(b)(5) comprehensive surveillance sharing continue to conform to the initial and of the Act,40 in particular, because it is agreement (‘‘CSSA’’).35 Proposed continued listing criteria under Rule designed to prevent fraudulent and Commentary .01(e) would describe the 8.600; manipulative acts and practices, to standards for a Managed Fund Share (2) the Exchange’s surveillance promote just and equitable principles of portfolio that holds over the counter procedures are adequate to continue to trade, to remove impediments to, and (‘‘OTC’’) derivatives, including properly monitor the trading of the perfect the mechanism of a free and forwards, options and swaps on Managed Fund Shares in all trading open market and, in general, to protect commodities, currencies and financial sessions and to deter and detect investors and the public interest. instruments (e.g., stocks, fixed income, violations of Exchange rules. The proposed rule change is designed interest rates, and volatility) or a basket Specifically, the Exchange intends to to perfect the mechanism of a free and or index of any of the foregoing.36 utilize its existing surveillance open market and, in general, to protect procedures applicable to derivative investors and the public interest 34 Proposed rule changes for previously-listed products, which will include Managed because it would facilitate the listing series of Managed Fund Shares have similarly Fund Shares, to monitor trading in the and trading of additional Managed Fund included the ability for such Managed Fund Share Shares, which would enhance holdings to include listed derivatives. See, e.g., Managed Fund Shares; WisdomTree Real Return Approval, supra note 18, (3) prior to the commencement of competition among market participants, at 13617 and WisdomTree Brazil Bond Approval, trading of a particular series of Managed to the benefit of investors and the supra note 18, at 32163. Fund Shares, the Exchange will inform marketplace. Specifically, after more 35 ISG is comprised of an international group of than six years under the current process, exchanges, market centers, and market regulators its Equity Trading Permit (‘‘ETP’’) that perform front-line market surveillance in their Holders in a Bulletin of the special whereby the Exchange is required to file respective jurisdictions. See https:// characteristics and risks associated with a proposed rule change with the www.isgportal.org/home.html. trading the Managed Fund Shares, Commission for the listing and trading 36 A proposed rule change for series of Units including procedures for purchases and of each new series of Managed Fund previously listed and traded on the Exchange Shares, the Exchange believes that it is pursuant to Rule 5.2(j)(3) similarly included the redemptions of Managed Fund Shares, ability for such Units’ holdings to include OTC suitability requirements under NYSE appropriate to codify certain rules derivatives, specifically OTC down-and-in put Arca Equities Rule 9.2(a), the risks within Rule 8.600 that would generally options, which are not NMS Stocks as defined in involved in trading the Managed Fund eliminate the need for separate Rule 600 of Regulation NMS and therefore do not proposed rule changes. The Exchange satisfy the requirements of Commentary .01(a)(A) to Rule 5.2(j)(3). See, e.g., NYSE Arca U.S. Equity 37 See Approval Order, supra note 12 at 19548. Synthetic Reverse Convertible Index Fund 38 The Exchange made similar representations in 39 15 U.S.C. 78f(b). Approval, supra note 18, at 23602. the Approval Order. See id. at 19549. 40 15 U.S.C. 78f(b)(5).
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believes that this would facilitate the or submitted by a national securities index underlying a series of Investment listing and trading of additional types of exchange pursuant to Section Company Units. Proposed Commentary Managed Fund Shares that have 19(b)(3)(A) of the Act 44 or would have .01(b)(3) to Rule 8.600, therefore, investment portfolios that are similar to been listed by a national securities provides for a maximum weighting of a investment portfolios for Units, which exchange pursuant to the requirements fixed income security in a fund’s have been approved for listing and of Rule 19b–4(e) under the Act.45 The portfolio comparable to existing rules trading, thereby creating greater Exchange also notes that Derivative applicable to Investment Company efficiencies in the listing process for the Securities Products and Index-Linked Units based on fixed income indexes. Exchange and the Commission. In this Securities are derivatively priced, and, With respect to proposed regard, the Exchange notes that the therefore, the Exchange believes that it Commentary .01(d)(1) to Rule 8.600 standards proposed for Managed Fund would not be necessary to apply the relating to listed derivatives, the Share portfolios that include domestic proposed generic quantitative criteria Exchange believes that it is appropriate equity securities, Derivative Securities (e.g., market capitalization, trading that there be no limit to the percentage Products, and Index-Linked Securities volume, or portfolio component of a portfolio invested in such holdings, are based in large part on the existing weighting) applicable to equity provided that, in the aggregate, at least equity security standards applicable to securities other than Derivative 90% of the weight of such holdings Units in Commentary .01 to Rule Securities Products or Index-Linked invested in futures and exchange-traded 5.2(j)(3) and that the standards proposed Securities (e.g., common stocks) to such options would consist of futures and for Managed Fund Share portfolios that products.46 options whose principal market is a include fixed income securities are With respect to the proposed member of ISG or is a market with based in large part on the existing fixed amendment to the continued listing which the Exchange has a income standards applicable to Units in requirement in Rule 8.600(d)(2)(A) to comprehensive surveillance sharing Commentary .02 to Rule 5.2(j)(3). require dissemination of a Portfolio agreement. Such a requirement would Additionally, many of the standards Indicative Value at least every 15 facilitate information sharing among proposed for other types of holdings of seconds during the Core Trading market participants trading shares of a series of Managed Fund Shares are Session (as defined in NYSE Arca series on Managed Fund Shares as well based on previous proposed rule Equities Rule 7.34), such requirement as futures and options that such series changes for specific series of Managed conforms to the requirement applicable may hold. In addition, listed swaps Fund Shares.41 to the dissemination of the Intraday would be centrally cleared, reducing With respect to the proposed addition Indicative Value for Investment counterparty risk and thereby furthering to the criteria of Rule 8.600(c) to provide Company Units in Commentary .01(c) investor protection.48 that the Web site for each series of and Commentary .02 (c) to NYSE Arca With respect to proposed Managed Fund Shares shall disclose Equities Rule 5.2(j)(3). In addition, such Commentary .01(e) to Rule 8.600 certain information regarding the dissemination is consistent with relating to OTC derivatives, the Disclosed Portfolio, to the extent representations made in proposed rule Exchange believes that the limitation to applicable, the Exchange notes that changes for issues of Managed Fund 20% of assets for non-centrally cleared proposed rule changes approved by the Shares previously approved by the derivatives would assure that the Commission for previously-listed series Commission.47 preponderance of fund investments in of Managed Fund Shares have similarly With respect to the proposed derivatives would be in centrally included disclosure requirements with requirement in Commentary .01(b)(3) to cleared derivatives. respect to each portfolio holding, as Rule 8.600 that an underlying portfolio With respect to proposed applicable to the type of holding.42 With (excluding exempted securities) that Commentary .01(f) to Rule 8.600 relating respect to the proposed exclusion of includes fixed income securities must to a fund’s use of listed or OTC Derivatives Securities Products and include a minimum of 13 non-affiliated derivatives to gain exposure to Index-Linked Securities from the issuers, but that there would be no individual equities and/or fixed income requirements of proposed Commentary minimum number of non-affiliated securities, or to indexes of equities and/ .01(a) of Rule 8.600, the Exchange issuers required for fixed income or indexes of fixed income securities, believes it is appropriate to exclude securities if at least 70% of the weight the Exchange notes that such exposure Index-Linked Securities as well as of the portfolio consists of equity would be required to meet the Derivative Securities Products from securities, the Exchange notes that such numerical and other criteria set forth in certain component stock eligibility requirement is consistent with proposed proposed Commentary .01(a) and .01(b) criteria for Managed Fund Shares in so Commentary .01(b)(2). The Exchange to Rule 8.600 respectively. far as Derivative Securities Products and further notes that Commentary .02 (a)(4) Quotation and other market Index-Linked Securities are themselves to Rule 5.2(j)(3) currently provides that information relating to listed futures subject to specific quantitative listing a single fixed income security can and options is available from the and continued listing requirements of a represent up to 30% of the weight of an exchanges listing such instruments as national securities exchange on which well as from market data vendors. With such securities are listed. Derivative 44 15 U.S.C. 78s(b)(3)(A). respect to listed swaps, which are Securities Products and Index-Linked 45 17 CFR 240.19b–4(e). centrally cleared and traded on ‘‘Swap Securities that are components of a 46 See Securities Exchange Act Release Nos. Execution Facilities (‘‘SEFs’’)’’, intraday fund’s portfolio would have been listed 57561 (March 26, 2008), 73 FR 17390 (April 1, 2008) (SR–NYSEArca–2008–29) (notice of filing of 48 and traded on a national securities The Commission has noted that ‘‘[c]entral proposed rule change to amend eligibility criteria clearing mitigates counterparty risk among dealers exchange pursuant to a proposed rule for components of an index underlying Investment and other institutions by shifting that risk from change approved by the Commission Company Units); 57751 (May 1, 2008), 73 FR 25818 individual counterparties to [central counterparties pursuant to Section 19(b)(2) of the Act 43 (May 7, 2008) (SR–NYSEArca–2008–29) (order (‘‘CCPs’’)], thereby protecting CCPs from each approving proposed rule change to amend other’s potential failures.’’ See Securities Exchange eligibility criteria for components of an index Act Release No. 67286 (June 28, 2012) (File No. S7– 41 See supra, note 18. underlying Investment Company Units). 44–10) (Process for Submissions for Review of 42 See supra, note 16. 47 See, e.g., Approval Order, supra note 12; Security-Based Swaps for Mandatory Clearing and 43 15 U.S.C. 78s(b)(2). International Bear Approval, supra note 18. Notice Filing Requirements for Clearing Agencies).
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pre-trade (quoting) information, Fund Shares with other markets that are III. Proceedings To Determine Whether including real time streaming quotes members of the ISG, including all U.S. To Approve or Disapprove File No. SR– and market depth is available through securities exchanges and futures NYSEArca–2015–02 and Grounds for the facilities of the applicable SEF.49 exchanges on which the components are Disapproval Under Consideration The Exchange notes that a fund’s traded. In addition, the Exchange may The Commission is instituting investments in derivative instruments obtain information regarding trading in proceedings pursuant to Section would be subject to limits on leverage Managed Fund Shares from other 19(b)(2)(B) of the Act 53 to determine imposed by the 1940 Act. Section 18(f) markets that are members of the ISG, whether the proposed rule change, as of the 1940 Act and related Commission including all U.S. securities exchanges modified by Amendment No. 1 thereto, guidance limit the amount of leverage and futures exchanges on which the should be approved or disapproved. an investment company can obtain. A components are traded, or with which Institution of such proceedings is fund’s investments would be consistent the Exchange has in place a CSSA. appropriate at this time in view of the with its investment objective and would The Exchange also believes that the not be used to enhance leverage. To legal and policy issues raised by the proposed rule change would fulfill the proposed rule change, as discussed limit the potential risk associated with intended objective of Rule 19b–4(e) a fund’s use of derivatives, a fund will below. As noted above, institution of under the Act by allowing Managed proceedings does not indicate that the segregate or ‘‘earmark’’ assets Fund Shares that satisfy the proposed determined to be liquid by a fund in Commission has reached any listing standards to be listed and traded conclusions with respect to any of the accordance with the 1940 Act (or, as without separate Commission approval. permitted by applicable regulation, issues involved. Rather, as described However, as proposed, the Exchange below, the Commission seeks and enter into certain offsetting positions) to would continue to file separate cover its obligations under derivative encourages interested persons to proposed rule changes before the listing provide comments on the proposed rule instruments. A fund’s investments will and trading of Managed Fund Shares not be used to seek performance that is change to inform the Commission’s that do not satisfy the additional criteria analysis of whether to approve or the multiple or inverse multiple (i.e., described above. 2Xs and 3Xs) of a fund’s broad-based disapprove the proposed rule change, as For these reasons, the Exchange securities market index (as defined in modified by Amendment No. 1 thereto. believes that the proposal is consistent Form N–1A).50 Pursuant to Section 19(b)(2)(B) of the The proposed rule change is also with the Act. Act,54 the Commission is providing designed to protect investors and the B. Self-Regulatory Organization’s notice of the grounds for disapproval public interest because Managed Fund Statement on Burden on Competition under consideration. The Commission is Shares listed and traded pursuant to instituting proceedings to allow for In accordance with Section 6(b)(8) of additional analysis of the proposed rule Rule 8.600, including pursuant to the 52 proposed new portfolio standards, the Act, the Exchange does not believe change’s consistency with Section would continue to be subject to the full that the proposed rule change will 6(b)(5) of the Act, which requires, panoply of Exchange rules and impose any burden on competition that among other things, that the rules of a procedures that currently govern the is not necessary or appropriate in national securities exchange be trading of equity securities on the furtherance of the purposes of the Act. ‘‘designed to prevent fraudulent and Exchange.51 Instead, the Exchange believes that the manipulative acts and practices, to The Exchange believes that the proposed rule change would facilitate promote just and equitable principles of proposed rule change is designed to the listing and trading of additional trade,’’ and ‘‘to protect investors and the prevent fraudulent and manipulative types of Managed Fund Shares and public interest.’’ 55 acts and practices because the Managed result in a significantly more efficient process surrounding the listing and IV. Procedure: Request for Written Fund Shares will be listed and traded Comments on the Exchange pursuant to the initial trading of Managed Fund Shares, which and continued listing criteria in Rule will enhance competition among market Interested persons are invited to 8.600. The Exchange has in place participants, to the benefit of investors submit written data, views, and surveillance procedures that are and the marketplace. The Exchange arguments concerning the foregoing, adequate to properly monitor trading in believes that this would reduce the time including whether the proposed rule the Managed Fund Shares in all trading frame for bringing Managed Fund change, as modified by Amendment No. sessions and to deter and detect Shares to market, thereby reducing the 1 thereto, is consistent with Section violations of Exchange rules and burdens on issuers and other market 6(b)(5) of the Act or any other provision applicable federal securities laws. The participants and promoting competition. of the Act, or the rules and regulations Financial Industry Regulatory In turn, the Exchange believes that the thereunder. Although there do not Authority, Inc. (‘‘FINRA’’), on behalf of proposed change would make the appear to be any issues relevant to the Exchange, will communicate as process for listing Managed Fund Shares approval or disapproval which would needed regarding trading in Managed more competitive by applying uniform be facilitated by an oral presentation of listing standards with respect to views, data, and arguments, the 49 There are currently five categories of swaps Managed Fund Shares. Commission will consider, pursuant to eligible for central clearing: Interest rate swaps; Rule 19b–4, any request for an credit default swaps; foreign exchange swaps; C. Self-Regulatory Organization’s Statement on Comments on the opportunity to make an oral equity swaps; and commodity swaps. The following presentation.56 entities provide central clearing for OTC Proposed Rule Change Received From derivatives: ICE Clear Credit (US); ICE Clear (EU); Members, Participants, or Others CME Group; LCH.Clearnet; and Eurex. 53 15 U.S.C. 78s(b)(2)(B). 50 See, e.g., Securities Exchange Act Release No. No written comments were solicited 54 Id. 74842 (April 29, 2015), 86 FR 25723 (May 5, 2015) or received with respect to the proposed 55 15 U.S.C. 78f(b)(5). (SR–NYSEArca–2014–89) (order approving listing rule change. 56 Section 19(b)(2) of the Act, as amended by the and trading of shares of eight PIMCO exchange- Securities Act Amendments of 1975, Public Law traded funds). 94–29 (June 4, 1975), grants the Commission 51 See Approval Order, supra note 12, at 19547. 52 15 U.S.C. 78f(b)(8). Continued
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Interested persons are invited to b. What sources of pricing For the Commission, by the Division of submit written data, views, and information (both intraday and end-of- Trading and Markets, pursuant to delegated 59 arguments regarding whether the day) are available for centrally-cleared authority. proposal, as modified by Amendment OTC Derivatives? What sources of Robert W. Errett, No. 1 thereto, should be approved or pricing information (both intraday and Deputy Secretary. disapproved by July 2, 2015. Any end-of-day) are available for non- [FR Doc. 2015–14242 Filed 6–10–15; 8:45 am] person who wishes to file a rebuttal to centrally-cleared OTC Derivatives? Do BILLING CODE 8011–01–P any other person’s submission must file the answers to these questions depend that rebuttal by July 16, 2015. The upon the underlying reference asset? Commission asks that commenters Comments may be submitted by any SECURITIES AND EXCHANGE address the sufficiency of the of the following methods: COMMISSION Exchange’s statements in support of the [Release No. 34–75112; File No. SR–EDGA– proposal, which are set forth in Electronic Comments 2015–20] Amendment No. 1,57 in addition to any • other comments they may wish to Use the Commission’s Internet Self-Regulatory Organizations; EDGA submit about the proposed rule change. comment form (http://www.sec.gov/ Exchange, Inc.; Notice of Filing and In particular, the Commission seeks rules/sro.shtml); or Immediate Effectiveness of a Proposed comment on the following: • Send an email to rule-comments@ Rule Change to Rule 13.9 Describing a 1. In general, do commenters believe sec.gov. Please include File Number SR– Communication and Routing Service that the proposed listing requirements NYSEArca–2015–02 on the subject line. Known as BATS Connect are adequate to deter manipulation of the price of generically listed Managed Paper Comments June 5, 2015. Pursuant to Section 19(b)(1) of the Fund Shares and other trading abuses? • Send paper comments in triplicate If so, why? If not, why not? Securities Exchange Act of 1934 (the to Secretary, Securities and Exchange ‘‘Act’’),1 and Rule 19b–4 thereunder,2 2. The Exchange proposes to require Commission, 100 F Street NE., that, to qualify for generic listing, the notice is hereby given that on May 27, Washington, DC 20549–1090. 2015, EDGA Exchange, Inc. (the portfolio underlying the Managed Fund ‘‘Exchange’’ or ‘‘EDGA’’) filed with the Shares must not hold more than certain All submissions should refer to File Securities and Exchange Commission percentages of OTC Derivatives, Number SR–NYSEArca–2015–02. This (‘‘Commission’’) the proposed rule specifically: No more than 60% of the file number should be included on the change as described in Items I and II value of the underlying portfolio may subject line if email is used. To help the below, which Items have been prepared consist of OTC Derivatives,58 and no Commission process and review your by the Exchange. The Exchange has more than 20% of the value of the comments more efficiently, please use designated this proposal as a ‘‘non- underlying portfolio may consist of OTC only one method. The Commission will controversial’’ proposed rule change Derivatives that are not centrally- post all comments on the Commission’s pursuant to Section 19(b)(3)(A) of the Internet Web site (http://www.sec.gov/ cleared. Act 3 and Rule 19b–4(f)(6)(iii) rules/sro.shtml). Copies of the a. ETF arbitrage mechanisms thereunder,4 which renders it effective submission, all subsequent generally are designed to maintain upon filing with the Commission. The amendments, all written statements alignment between intraday trading Commission is publishing this notice to with respect to the proposed rule prices of ETF shares and the solicit comments on the proposed rule change that are filed with the contemporaneous value of the change from interested persons. underlying portfolio. Are the proposed Commission, and all written limits for OTC Derivatives sufficient to communications relating to the I. Self-Regulatory Organization’s support effective and efficient arbitrage proposed rule change between the Statement of the Terms of Substance of activity in generically listed Managed Commission and any person, other than the Proposed Rule Change Fund Shares? Will the proposed limits those that may be withheld from the The Exchange is proposing to amend on OTC Derivatives facilitate alignment public in accordance with the Rule 13.9 to describe a communication of the secondary market price of provisions of 5 U.S.C. 552, will be and routing service known as BATS generically listed Managed Fund Shares available for Web site viewing and Connect. The proposed rule change is with the value of their underlying printing in the Commission’s Public based on an identical service offered by portfolio? Why or why not? Are Reference Room, 100 F Street NE., the Exchange’s affiliate, EDGX different percentages more appropriate? Washington, DC 20549, on official Exchange, Inc. (‘‘EDGX’’).5 If so, what should they be and why? business days between the hours of The text of the proposed rule change 10:00 a.m. and 3:00 p.m. Copies of the is available at the Exchange’s Web site flexibility to determine what type of proceeding— filing also will be available for at www.batstrading.com, at the either oral or notice and opportunity for written inspection and copying at the principal principal office of the Exchange, and at comments—is appropriate for consideration of a office of the Exchange. All comments the Commission’s Public Reference particular proposal by a self-regulatory organization. See Securities Act Amendments of received will be posted without change; Room. 1975, Senate Comm. on Banking, Housing & Urban the Commission does not edit personal Affairs, S. Rep. No. 75, 94th Cong., 1st Sess. 30 identifying information from 59 17 CFR 200.30–3(a)(12) and 17 CFR 200.30– (1975). submissions. You should submit only 3(a)(57). 1 57 See supra note 9. information that you wish to make 15 U.S.C. 78s(b)(1). 58 The Exchange states that currently there are 2 17 CFR 240.19b–4. five categories of swaps eligible for central available publicly. All submissions 3 15 U.S.C. 78s(b)(3)(A). clearing—interest rate swaps; credit default swaps; should refer to File Number SR– 4 17 CFR 240.19b–4(f)(6)(iii). foreign exchange swaps; equity swaps; and NYSEArca–2015–02 and should be 5 See EDGX Rule 13.9. See also Securities commodity swaps—and that the following entities submitted on or before July 2, 2015. Exchange Act Release Nos. 73780 (December 8, provide central clearing for OTC derivatives: ICE Rebuttal comments should be submitted 2014), 79 FR 73942 (December 12, 2014) (SR– Clear Credit (US); ICE Clear (EU); CME Group; EDGX–2014–28); and 74935 (May 12, 2015), 80 FR LCH.Clearnet; and Eurex. See supra note 49. by July 16, 2015. 28335 (May 18, 2015) (SR–EDGX–2015–19).
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II. Self-Regulatory Organization’s would not effect trade executions and thereby removing impediments to and Statement of the Purpose of, and would not report trades to the relevant perfecting the mechanism of a free and Statutory Basis for, the Proposed Rule Securities Information Processor. An open market and a national market Change order sent via the service does not pass system, and, in general, protecting In its filing with the Commission, the through the Exchange’s matching engine investors and the public interest. In Exchange included statements before going to a market center outside addition, BATS Connect removes concerning the purpose of and basis for of the Exchange (i.e., a participant could impediments to and perfects the the proposed rule change and discussed choose to route an order directly to any mechanism of a free and open market any comments it received on the market center on the Exchange’s and a national market system because, proposed rule change. The text of these network). A participant would be in the event of a market disruption, statements may be examined at the responsible for identifying the Members would be able to utilize BATS appropriate destination for any orders places specified in Item IV below. The Connect to connect to other market sent through the service and for Exchange has prepared summaries, set centers where other alternative ensuring that it had authority to access forth in Sections A, B, and C below, of connection methods become the selected destination; the Exchange the most significant parts of such would merely provide the connectivity unavailable. BATS Connect would statements. by which orders (and associated operate in the same fashion as an (A) Self-Regulatory Organization’s messages) could be routed by a identical service, also called BATS Statement of the Purpose of, and participant to a destination and from the Connect, offered by the Exchange’s 14 Statutory Basis for, the Proposed Rule destination back to the participant.9 affiliate, EDGX. The proposed rule Change The Exchange will charge a monthly change is also similar to a connectivity fee to Members utilizing communication and routing service 1. Purpose BATS Connect to route orders to other implemented by the Chicago Stock The Exchange proposes to amend exchanges and broker-dealers that are Exchange, Inc. (‘‘CHX’’).15 The proposed Rule 13.9 to describe a communication connected to the Exchange’s network. rule change will also not permit unfair and routing service known as BATS BATS Connect would also allow discrimination among customers, Connect. The Exchange proposes to participants to receive market data feeds brokers, or dealers because BATS offer BATS Connect on a voluntary basis from the exchanges connected to the Connect will be available to all of the in a capacity similar to a vendor. BATS Exchange’s network. The Exchange will Exchange’s customers on an equivalent Connect would operate in the same file a separate proposed rule change basis regardless of whether the servers fashion as an identical service, also with the Commission regarding the of the Member are located in the same called BATS Connect, offered by the connectivity fees for order entry and facilities as the Exchange. Exchange’s affiliate, EDGX.6 BATS market data to be charged for the BATS Connect is a communication service that Connect service.10 (B) Self-Regulatory Organization’s 7 Statement on Burden on Competition provides Members an additional 2. Statutory Basis means to receive market data from and The Exchange does not believe that route orders to any destination The Exchange believes that its connected to Exchange’s network. BATS proposal is consistent with the the proposed rule change will result in Connect does not provide any advantage requirements of Section 6(b) of the any burden on competition that is not 11 to subscribers for connecting to the Act, in general, and Section 6(b)(5) of necessary or appropriate in furtherance 12 Exchange’s affiliates 8 as compared to the Act, in particular, in that it of the purposes of the Act. To the other method of connectivity available promotes just and equitable principles contrary, the Exchange believes that the to subscribers. The servers of the of trade, removes impediments to, and proposal will promote competition by participant need not be located in the perfect the mechanism of, a free and the Exchange offering a service similar same facilities as the Exchange in order open market and a national market to those offered by the CHX and to subscribe to BATS Connect. system, and, in general, protects NYSE.16 Thus, the Exchange believes Participants may also seek to utilize investors and the public interest. this proposed rule change is necessary Specifically, the proposal is consistent to permit fair competition among BATS Connect in the event of a market 13 disruption where other alternative with Section 6(b)(5) of the Act, in that national securities exchanges. In connection methods become it provides Members an alternative addition, the proposed rule change is unavailable. means to receive market data from and designed to provide Members with an Specifically, this service would allow route orders to any destination alternative means to access other market participants to route orders to other connected to the Exchange’s network, centers if they chose or in the event of exchanges and market centers that are a market disruption where other 9 This service is an alternative to a service that the connected to the Exchange’s network. Exchange already provides to its Members—current alternative connection methods become This communications or routing service order-sending Members route orders through access unavailable. Therefore, the Exchange provided by the Exchange to the Exchange that does not believe the proposed rule 6 See supra note 5. either check the Exchange for available liquidity change will have any effect on and then route to other destinations or, in certain 7 The term ‘‘Member’’ is defined as ‘‘any competition. registered broker or dealer, or any person associated circumstances, bypass the Exchange and route to with a registered broker or dealer, that has been other destinations. See Exchange Rule 11.11(g) admitted to membership in the Exchange. A (setting forth routing options whereby Members 14 See supra note 5. Member will have the status of a ‘‘member’’ of the may select their orders be routed to other market 15 See Securities Exchange Act Release No. 54846 Exchange as that term is defined in Section 3(a)(3) centers). (November 30, 2006), 71 FR 71003 (December 7, of the Act.’’ See Exchange Rule 1.5(n). 10 The Exchange understands that its affiliated 2006) (SR–CHX–2006–34) (Notice of Filing and 8 The Exchange’s affiliated exchanges are EDGX, exchanges intend to file identical proposed rule Immediate Effectiveness of Proposed Rule Change BATS Exchange, Inc., and BATS Y-Exchange, Inc. changes to adopt fees for the BATS Connect service Regarding the Implementation of a Communication The Exchange understands that its affiliated with the Commission. and Routing Service). Exchange’s intend to file identical proposed rule 11 15 U.S.C. 78f(b). 16 See NYSE’s SFTI Americas Product and Service changes to adopt the BATS Connect service with 12 15 U.S.C. 78f(b)(5). List available at http://www.nyxdata.com/docs/ the Commission. 13 Id. connectivity. See supra note 15.
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(C) Self-Regulatory Organization’s Commission summarily may available publicly. All submissions Statement on Comments on the temporarily suspend such rule change if should refer to File Number SR–EDGA– Proposed Rule Change Received From it appears to the Commission that such 2015–20 and should be submitted on or Members, Participants or Others action is necessary or appropriate in the before July 2, 2015. The Exchange has neither solicited public interest, for the protection of For the Commission, by the Division of nor received written comments on the investors, or otherwise in furtherance of Trading and Markets, pursuant to delegated proposed rule change. the purposes of the Act. If the authority.20 Commission takes such action, the Robert W. Errett, III. Date of Effectiveness of the Commission shall institute proceedings Deputy Secretary. Proposed Rule Change and Timing for to determine whether the proposed rule Commission Action should be approved or disapproved. [FR Doc. 2015–14241 Filed 6–10–15; 8:45 am] BILLING CODE 8011–01–P Because the proposed rule change IV. Solicitation of Comments does not (i) significantly affect the protection of investors or the public Interested persons are invited to submit written data, views, and SECURITIES AND EXCHANGE interest; (ii) impose any significant COMMISSION burden on competition; and (iii) become arguments concerning the foregoing, operative for 30 days from the date on including whether the proposed rule Submission for OMB Review; which it was filed, or such shorter time change is consistent with the Act. Comment Request as the Commission may designate, the Comments may be submitted by any of proposed rule change has become the following methods: Upon Written Request, Copies Available From: Securities and Exchange effective pursuant to Section 19(b)(3)(A) Electronic Comments Commission, Office of FOIA Services, of the Act and Rule 19b–4(f)(6) • 17 Use the Commission’s Internet 100 F Street NE., Washington, DC thereunder. comment form (http://www.sec.gov/ A proposed rule change filed 20549–2736. rules/sro.shtml); or pursuant to Rule 19b–4(f)(6) under the Extension: • Send an email to rule-comments@ Rule 17f–6; OMB Control No. 3235–0447, Act normally does not become operative sec.gov. Please include File Number SR– SEC File No. 270–392. for 30 days after the date of its filing. EDGA–2015–20 on the subject line. However, Rule 19b–4(f)(6)(iii) permits Notice is hereby given that, under the the Commission to designate a shorter Paper Comments Paperwork Reduction Act of 1995 (44 time if such action is consistent with the • U.S.C. 3501–3520), the Securities and Send paper comments in triplicate Exchange Commission (the protection of investors and the public to Brent J. Fields, Secretary, Securities interest. The Exchange has asked the ‘‘Commission’’) has submitted to the and Exchange Commission, 100 F Street Office of Management and Budget a Commission to waive the 30-day NE., Washington, DC 20549–1090. operative delay so that the proposal may request for extension of the previously All submissions should refer to File approved collection of information become operative immediately upon Number SR–EDGA–2015–20. This file filing. Waiver of the 30-day operative discussed below. number should be included on the Rule 17f–6 (17 CFR 270.17f–6) under delay would permit the Exchange to subject line if email is used. To help the the Investment Company Act of 1940 provide Members with an alternative Commission process and review your (15 U.S.C. 80a) permits registered means to access other market centers, comments more efficiently, please use investment companies (‘‘funds’’) to particularly in the event of a market only one method. The Commission will maintain assets (i.e., margin) with disruption. In addition, the Exchange post all comments on the Commission’s futures commission merchants represents that BATS Connect does not Internet Web site (http://www.sec.gov/ (‘‘FCMs’’) in connection with provide any advantage to subscribers for rules/sro.shtml). Copies of the commodity transactions effected on connecting to the Exchange’s affiliates submission, all subsequent both domestic and foreign exchanges. as compared to other methods of amendments, all written statements Before the rule was adopted, funds connectivity available to subscribers.18 with respect to the proposed rule generally were required to maintain Based on the foregoing, the Commission change that are filed with the such assets in special accounts with a believes the waiver of the operative Commission, and all written custodian bank. delay is consistent with the protection communications relating to the 19 The rule requires a written contract of investors and the public interest. proposed rule change between the that contains certain provisions The Commission hereby grants the Commission and any person, other than designed to ensure important safeguards waiver and designates the proposal those that may be withheld from the and other benefits relating to the operative upon filing. public in accordance with the custody of fund assets by FCMs. To At any time within 60 days of the provisions of 5 U.S.C. 552, will be protect fund assets, the contract must filing of the proposed rule change, the available for Web site viewing and require that FCMs comply with the printing in the Commission’s Public segregation or secured amount 17 In addition, Rule 19b–4(f)(6)(iii) requires the Exchange to give the Commission written notice of Reference Room, 100 F Street NE., requirements of the Commodity the Exchange’s intent to file the proposed rule Washington, DC 20549, on official Exchange Act (‘‘CEA’’) and the rules change, along with a brief description and text of business days between the hours of under that statute. The contract also the proposed rule change, at least five business days 10:00 a.m. and 3:00 p.m. Copies of the must contain a requirement that FCMs prior to the date of filing of the proposed rule change, or such shorter time as designated by the filing will also be available for obtain an acknowledgment from any Commission. The Exchange has satisfied this inspection and copying at the principal clearing organization that the fund’s requirement. office of the Exchange. All comments assets are held on behalf of the FCM’s 18 See supra note 8. received will be posted without change; customers according to CEA provisions. 19 For purposes only of waiving the 30-day the Commission does not edit personal Because rule 17f–6 does not impose operative delay, the Commission has also considered the proposed rule’s impact on identifying information from any ongoing obligations on funds or efficiency, competition, and capital formation. See submissions. You should submit only 15 U.S.C. 78c(f). information that you wish to make 20 17 CFR 200.30–3(a)(12).
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FCMs, Commission staff estimates there professional (attorney) time, Office of Management and Budget a are no costs related to existing contracts Commission staff estimates that the request for extension of the previously between funds and FCMs. This estimate annual dollar cost for the 39 hours is approved collection of information does not include the time required by an $14,820.5 These estimates are made discussed below. FCM to comply with the rule’s contract solely for the purposes of the Paperwork Rule 17f–2 (17 CFR 270.17f–2), requirements because, to the extent that Reduction Act, and are not derived from entitled ‘‘Custody of Investments by complying with the contract provisions a comprehensive or even a Registered Management Investment could be considered ‘‘collections of representative survey or study of the Company,’’ was adopted in 1940 under information,’’ the burden hours for costs of Commission rules and forms. section 17(f) of the Investment Company compliance are already included in Compliance with the collection of Act of 1940 (15 U.S.C. 80a–17(f)) (the other PRA submissions.1 information requirements of the rule is ‘‘Act’’), and was last amended Thus, Commission staff estimates that necessary to obtain the benefit of relying materially in 1947. Rule 17f–2 any burden of the rule would be borne on the rule. An agency may not conduct establishes safeguards for arrangements by funds and FCMs entering into new or sponsor, and a person is not required in which a registered management contracts pursuant to the rule. to respond to, a collection of investment company (‘‘fund’’) is Commission staff estimates that information unless it displays a deemed to maintain custody of its own approximately 291 fund complexes and currently valid control number. assets, such as when the fund maintains 965 funds currently effect commodities The public may view the background its assets in a facility that provides transactions and could deposit margin documentation for this information safekeeping but not custodial services.1 with FCMs in connection with those collection at the following Web site, The rule includes several recordkeeping transactions pursuant to rule 17f–6.2 www.reginfo.gov. Comments should be or reporting requirements. The fund’s Staff further estimates that of this directed to: (i) Desk Officer for the directors must prepare a resolution number, 29 fund complexes and 97 Securities and Exchange Commission, designating not more than five fund funds enter into new contracts with Office of Information and Regulatory officers or responsible employees who FCMs each year.3 Affairs, Office of Management and may have access to the fund’s assets. Based on conversations with fund Budget, Room 10102, New Executive The designated access persons (two or representatives, Commission staff Office Building, Washington, DC 20503, more of whom must act jointly when understands that fund complexes or by sending an email to: Shagufta_ handling fund assets) must prepare a typically enter into contracts with FCMs [email protected]; and (ii) Pamela written notation providing certain on behalf of all funds in the fund Dyson, Director/Chief Information information about each deposit or complex that engage in commodities Officer, Securities and Exchange withdrawal of fund assets, and must transactions. Funds covered by the Commission, c/o Remi Pavlik-Simon, transmit the notation to another officer contract are typically listed in an 100 F Street NE., Washington, DC 20549 or director designated by the directors. attachment, which may be amended to or send an email to: PRA_Mailbox@ An independent public accountant must encompass new funds. Commission staff sec.gov. Comments must be submitted to verify the fund’s assets three times each estimates that the burden for a fund OMB within 30 days of this notice. year, and two of those examinations complex to enter into a contract with an must be unscheduled.2 FCM that contains the contract Dated: June 5, 2015. Rule 17f–2’s requirement that requirements of rule 17f–6 is one hour, Robert W. Errett, directors designate access persons is and further estimates that the burden to Deputy Secretary. intended to ensure that directors add a fund to an existing contract [FR Doc. 2015–14245 Filed 6–10–15; 8:45 am] evaluate the trustworthiness of insiders between a fund complex and an FCM is BILLING CODE 8011–01–P who handle fund assets. The 6 minutes. requirements that access persons act Accordingly, Commission staff jointly in handling fund assets, prepare estimates that funds and FCMs spend 39 SECURITIES AND EXCHANGE a written notation of each transaction, burden hours annually complying with COMMISSION and transmit the notation to another the information collection requirements designated person are intended to of rule 17f–6.4 At $380 per hour of Submission for OMB Review; reduce the risk of misappropriation of Comment Request fund assets by access persons, and to 1 The rule requires a contract with the FCM to Upon Written Request Copies Available ensure that adequate records are contain two provisions requiring the FCM to prepared, reviewed by a responsible comply with existing requirements under the CEA From: U.S. Securities and Exchange and rules adopted thereunder. Thus, to the extent Commission, Office of FOIA Services, third person, and available for these provisions could be considered collections of 100 F Street NE., Washington, DC examination by the Commission. The information, the hours required for compliance 20549–2736. requirement that auditors verify fund would be included in the collection of information assets without notice twice each year is burden hours submitted by the CFTC for its rules. Extension: intended to provide an additional 2 This estimate is based on the number of funds Rule 17f–2; OMB Control No. 3235–0223, that reported on Form N–SAR from June 1, 2014– SEC File No. 270–233. deterrent to the misappropriation of November 30, 2014, in response to items (b) through (i) of question 70, that they engaged in Notice is hereby given that, pursuant 1 The rule generally requires all assets to be futures and commodity option transactions. to the Paperwork Reduction Act of 1995 deposited in the safekeeping of a ‘‘bank or other 3 These estimates are based on the assumption (44 U.S.C. 350l et seq.), the Securities company whose functions and physical facilities that 10% of fund complexes and funds enter into and Exchange Commission (the are supervised by Federal or State authority.’’ The new FCM contracts each year. This assumption fund’s securities must be physically segregated at encompasses fund complexes and funds that enter ‘‘Commission’’) has submitted to the all times from the securities of any other person. into FCM contracts for the first time, as well as fund 2 The accountant must transmit to the complexes and fund that change the FCM with 5 The $380 per hour figure for an attorney is from Commission promptly after each examination a whom they maintain margin accounts for SIFMA’s Management & Professional Earnings in certificate describing the examination on Form commodities transactions. the Securities Industry 2013, modified by N–17f–2. The third (scheduled) examination may 4 This estimate is based upon the following Commission staff to account for an 1800-hour work- coincide with the annual verification required for calculation: (29 fund complexes × 1 hour) + (97 year and multiplied by 5.35 to account for bonuses, every fund by section 30(g) of the Act (15 U.S.C. funds × 0.1 hours) = 39 hours. firm size, employee benefits and overhead. 80a–29(g)).
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fund assets and to detect any information requirements is estimated ADDRESSES: Submit completed loan irregularities. to be approximately $12.7 million.10 applications to: U.S. Small Business The Commission staff estimates that The estimate of average burden hours Administration, Processing And is made solely for the purposes of the each fund makes 974 responses and Disbursement Center, 14925 Kingsport Paperwork Reduction Act, and is not spends an average of 252 hours annually Road, Fort Worth, TX 76155. derived from a comprehensive or even in complying with the rule’s FOR FURTHER INFORMATION CONTACT: A. 3 a representative survey or study of the Escobar, Office of Disaster Assistance, requirements. Commission staff costs of Commission rules and forms. estimates that on an annual basis it U.S. Small Business Administration, Complying with the collections of 409 3rd Street SW., Suite 6050, takes: (i) 0.5 hours of fund accounting information required by rule 17f–2 is Washington, DC 20416. personnel at a total cost of $99 to draft mandatory for those funds that maintain SUPPLEMENTARY INFORMATION: director resolutions; 4 (ii) 0.5 hours of Notice is custody of their own assets. Responses hereby given that as a result of the the fund’s board of directors at a total will not be kept confidential. An agency Administrator’s disaster declaration, cost of $2200 to adopt the resolution; 5 may not conduct or sponsor, and a applications for disaster loans may be (iii) 244 hours for the fund’s accounting person is not required to respond to, a filed at the address listed above or other personnel at a total cost of $63,797 to collection of information unless it locally announced locations. prepare written notations of displays a currently valid control The following areas have been transactions; 6 and (iv) 7 hours for the number. determined to be adversely affected by fund’s accounting personnel at a total The public may view the background the disaster: cost of $1386 to assist the independent documentation for this information Primary Counties: Dekalb. public accountants when they perform collection at the following Web site, Contiguous Counties: verifications of fund assets.7 www.reginfo.gov. Comments should be Illinois: Boone, Kane, Kendall, La Commission staff estimates that directed to: (i) Desk Officer for the Salle, Lee, McHenry, Ogle, approximately 188 funds file Form N– Securities and Exchange Commission, Winnebago. Office of Information and Regulatory 17f–2 each year.8 Thus, the total annual The Interest Rates are: hour burden for rule 17f–2 is estimated Affairs, Office of Management and Budget, Room 10102, New Executive to be 47,376 hours.9 Based on the total Percent Office Building, Washington, DC 20503, costs per fund listed above, the total or by sending an email to: Shagufta_ cost of rule 17f–2’s collection of For Physical Damage: [email protected]; and (ii) Pamela Homeowners with Credit Avail- Dyson, Director/Chief Information able Elsewhere ...... 3.625 3 The 974 responses are: 1 (one) response to draft Officer, Securities and Exchange Homeowners without Credit and adopt the resolution and 973 notations. Available Elsewhere ...... 1.813 Estimates of the number of hours are based on Commission, c/o Remi Pavlik-Simon, 100 F Street NE., Washington, DC 20549 Businesses with Credit Avail- conversations with individuals in the fund able Elsewhere ...... 6.000 industry. The actual number of hours may vary _ or send an email to: PRA Mailbox@ Businesses without Credit significantly depending on individual fund assets. sec.gov. Comments must be submitted to Available Elsewhere ...... 4.000 4 This estimate is based on the following OMB within 30 days of this notice. calculation: 0.5 (burden hours per fund) × $198 Non-Profit Organizations with (senior accountant’s hourly rate) = $99. Unless Dated: June 5, 2015. Credit Available Elsewhere ... 2.625 Non-Profit Organizations with- otherwise indicated, the hourly wage figures used Robert W. Errett, herein are from the Securities Industry and out Credit Available Else- Financial Markets Association’s Management & Deputy Secretary. where ...... 2.625 Professional Earnings in the Securities Industry [FR Doc. 2015–14244 Filed 6–10–15; 8:45 am] For Economic Injury: 2013, modified by Commission staff to account for BILLING CODE 8011–01–P Businesses & small agricultural an 1800-hour work-year and multiplied by 5.35 to cooperatives without credit account for bonuses, firm size, employee benefits available elsewhere ...... 4.000 and overhead. Non-profit organizations without 5 The estimate for the cost of board time as a SMALL BUSINESS ADMINISTRATION credit available elsewhere ..... 2.625 whole is derived from estimates made by the staff regarding typical board size and compensation that [Disaster Declaration #14340 and #14341] is based on information received from fund The number assigned to this disaster representatives and publicly available sources. Illinois Disaster #IL–00045 for physical damage is 14340 B and for 6 Respondents estimated that each fund makes economic injury is 14341 0. AGENCY: U.S. Small Business 974 responses on an annual basis and spends a total The State which received an EIDL Administration. of 0.25 hours per response. The fund personnel Declaration # is Illinois. involved are Accounts Payable Manager ($186 ACTION: Notice. hourly rate), Operations Manager ($334 hourly rate) (Catalog of Federal Domestic Assistance and Accounting Manager ($265 hourly rate). The SUMMARY: This is a notice of an Numbers 59002 and 59008) average hourly rate of these personnel is $262. The Administrative declaration of a disaster estimated cost of preparing notations is based on Dated: June 3, 2015. the following calculation: 974 × 0.25 × $262 = for the State of Illinois dated 06/03/ Maria Contreras-Sweet, $63,797. 2015. Administrator. 7 Incident: Severe thunderstorms and This estimate is based on the following [FR Doc. 2015–14323 Filed 6–10–15; 8:45 am] calculation: 7 × $198 (senior accountant’s hourly tornadoes. rate) = $1386. Incident Period: 04/09/2015. BILLING CODE 8025–01–P 8 On average, each year approximately 188 funds Effective Date: 06/03/2015. filed Form N–17f–2 with the Commission during Physical Loan Application Deadline calendar years 2011–2013. Date: 08/03/2015. SMALL BUSINESS ADMINISTRATION 9 This estimate is based on the following Economic Injury (EIDL) Loan calculation: 188 (funds) × 252 (total annual hourly [Disaster Declaration #14338 and #14339] burden per fund) = 47,376 hours for rule. The Application Deadline Date: 03/03/2016. annual burden for rule 17f–2 does not include time West Virginia Disaster #WV–00036 spent preparing Form N–17f–2. The burden for 10 This estimate is based on the following Form N–17f–2 is included in a separate collection calculation: $67,482 (total annual cost per fund) × AGENCY: U.S. Small Business of information. 188 funds = $12,686,616. Administration.
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ACTION: Notice. The States which received an EIDL SMALL BUSINESS ADMINISTRATION Declaration # are West Virginia, SUMMARY: This is a notice of an Kentucky, Virginia. [Disaster Declaration #14344 and #14345] Administrative declaration of a disaster (Catalog of Federal Domestic Assistance for the State of West Virginia dated 06/ Numbers 59002 and 59008) Oklahoma Disaster #OK–00081 03/2015. Dated: June 3, 2015. Incident: Severe Storms, Heavy Snow AGENCY: U.S. Small Business and Record Low Temperatures. Maria Contreras-Sweet, Administration. Incident Period: 03/03/2015 through Administrator. ACTION: Notice. 03/14/2015. [FR Doc. 2015–14321 Filed 6–10–15; 8:45 am] SUMMARY: This is a Notice of the Effective Date: 06/03/2015. BILLING CODE 8025–01–P Presidential declaration of a major Physical Loan Application Deadline disaster for Public Assistance Only for Date: 08/03/2015. SMALL BUSINESS ADMINISTRATION the State of Oklahoma (FEMA–4222– Economic Injury (EIDL) Loan DR), dated 06/04/2015. Application Deadline Date: 03/03/2016. [Disaster Declaration #14295 and #14296] Incident: Severe Storms, Tornadoes, ADDRESSES: Submit completed loan Straight Line Winds, and Flooding. applications to: U.S. Small Business Kentucky Disaster Number KY–00055 Incident Period: 05/05/2015 and Administration, Processing and continuing. Disbursement Center, 14925 Kingsport AGENCY: U.S. Small Business Effective Date: 06/04/2015. Road, Fort Worth, TX 76155. Administration. Physical Loan Application Deadline FOR FURTHER INFORMATION CONTACT: A. ACTION: Amendment 1. Date: 08/03/2015. Escobar, Office of Disaster Assistance, Economic Injury (EIDL) Loan U.S. Small Business Administration, SUMMARY: This is an amendment of the Application Deadline Date: 03/04/2016. 409 3rd Street SW., Suite 6050, Presidential declaration of a major ADDRESSES: Submit completed loan Washington, DC 20416. disaster for Public Assistance Only for applications to: U.S. Small Business SUPPLEMENTARY INFORMATION: Notice is the Commonwealth of Kentucky Administration, Processing and hereby given that as a result of the (FEMA–4216–DR), dated 04/30/2015. Disbursement Center, 14925 Kingsport Administrator’s disaster declaration, Incident: Severe winter storms, Road, Fort Worth, TX 76155. applications for disaster loans may be snowstorms, flooding, landslides, and FOR FURTHER INFORMATION CONTACT: M. filed at the address listed above or other mudslides. Mitravich, Office of Disaster Assistance, locally announced locations. Incident Period: 02/15/2015 through U.S. Small Business Administration, The following areas have been 02/22/2015. 409 3rd Street SW., Suite 6050, determined to be adversely affected by Effective Date: 06/02/2015. Washington, DC 20416. the disaster: Physical Loan Application Deadline SUPPLEMENTARY INFORMATION: Notice is Primary Counties: Mingo. Date: 06/29/2015. hereby given that as a result of the Contiguous Counties: Economic Injury (EIDL) Loan President’s major disaster declaration on West Virginia: Lincoln, Logan, Application Deadline Date: 02/01/2016. 06/04/2015, Private Non-Profit McDowell, Wayne, Wyoming. organizations that provide essential Kentucky: Martin, Pike. ADDRESSES: Submit completed loan services of governmental nature may file applications to: U.S. Small Business Virginia: Buchanan. disaster loan applications at the address Administration, Processing and listed above or other locally announced The Interest Rates are: Disbursement Center, 14925 Kingsport locations. Road, Fort Worth, TX 76155. Percent The following areas have been FOR FURTHER INFORMATION CONTACT: A. determined to be adversely affected by For Physical Damage: Contreras, Office of Disaster Assistance, the disaster: Homeowners with Credit Avail- U.S. Small Business Administration, Primary Counties: Atoka, Bryan, able Elsewhere ...... 3.625 409 3rd Street SW., Suite 6050, Cleveland, Cotton, Grady, Haskell, Homeowners without Credit Washington, DC 20416. Hughes, Johnston, Latimer, Mcclain, Available Elsewhere ...... 1.813 Businesses with Credit Avail- SUPPLEMENTARY INFORMATION: The notice Okfuskee, Pittsburg, Pontotoc, able Elsewhere ...... 6.000 of the President’s major disaster Seminole, Stephens, Tillman. Businesses without Credit declaration for private non-profit The Interest Rates are: Available Elsewhere ...... 4.000 organizations in the Commonwealth of Non-Profit Organizations with Kentucky, dated 04/30/2015, is hereby Percent Credit Available Elsewhere ... 2.625 amended to include the following areas Non-Profit Organizations with- For Physical Damage: out Credit Available Else- as adversely affected by the disaster. Non-Profit Organizations with where ...... 2.625 Primary Counties: Ballard, Wayne. Credit Available Elsewhere ... 2.625 For Economic Injury: Non-Profit Organizations with- Businesses & Small Agricultural All other information in the original out Credit Available Else- Cooperatives without Credit declaration remains unchanged. where ...... 2.625 Available Elsewhere ...... 4.000 (Catalog of Federal Domestic Assistance For Economic Injury: Non-Profit Organizations with- Numbers 59002 and 59008) Non-Profit Organizations with- out Credit Available Else- out Credit Available Else- where ...... 2.625 Alan E. Escobar, where ...... 2.625 Acting Associate Administrator for Disaster The number assigned to this disaster Assistance. The number assigned to this disaster for physical damage is 14338 B and for [FR Doc. 2015–14327 Filed 6–10–15; 8:45 am] for physical damage is 14344B and for economic injury is 14339 0. BILLING CODE 8025–01–P economic injury is 14345B.
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(Catalog of Federal Domestic Assistance SUMMARY: This is an amendment of the SUMMARY: The Department of State has Numbers 59002 and 59008) Presidential declaration of a major submitted the information collection Alan E. Escobar, disaster for the State of OKLAHOMA described below to the Office of (FEMA–4222–DR), dated 05/26/2015. Acting Associate Administrator for Disaster Management and Budget (OMB) for Assistance. Incident: Severe Storms, Tornadoes, approval. In accordance with the Straight Line Winds, and Flooding. Paperwork Reduction Act of 1995 we [FR Doc. 2015–14325 Filed 6–10–15; 8:45 am] Incident Period: 05/05/2015 and are requesting comments on this BILLING CODE 8025–01–P continuing. collection from all interested Effective Date: 06/04/2015. individuals and organizations. The Physical Loan Application Deadline SMALL BUSINESS ADMINISTRATION purpose of this Notice is to allow 30 Date: 07/27/2015. days for public comment. [Disaster Declaration #14330 and #14331] EIDL Loan Application Deadline Date: 02/26/2016 DATES: Submit comments directly to the Office of Management and Budget Oklahoma Disaster Number OK–00092 ADDRESSES: Submit completed loan applications to: U.S. Small Business (OMB) up to July 13, 2015. AGENCY: U.S. Small Business Administration, Processing and ADDRESSES: Direct comments to the Administration. Disbursement Center, 14925 Kingsport Department of State Desk Officer in the ACTION: Amendment 1. Road, Fort Worth, TX 76155. Office of Information and Regulatory Affairs at the Office of Management and SUMMARY: This is an amendment of the FOR FURTHER INFORMATION CONTACT: M. Budget (OMB). You may submit Presidential declaration of a major Mitravich, Office of Disaster Assistance, U.S. Small Business Administration, comments by the following methods: disaster for the State of Oklahoma • 409 3rd Street SW., Suite 6050, Email: (FEMA–4222–DR), dated 05/26/2015. _ Incident: Severe storms, tornadoes, Washington, DC 20416. oira [email protected]. You straight line winds, and flooding. SUPPLEMENTARY INFORMATION: The notice must include the DS form number, Incident Period: 05/05/2015 and of the Presidential disaster declaration information collection title, and the continuing. for the State of OKLAHOMA, dated 05/ OMB control number in the subject line Effective Date: 06/03/2015. of your message. 26/2015 is hereby amended to include • Physical Loan Application Deadline the following areas as adversely affected Fax: 202–395–5806. Attention: Desk Date: 07/27/2015. by the disaster: Officer for Department of State. EIDL Loan Application Deadline Date: Primary Counties: (Physical Damage FOR FURTHER INFORMATION CONTACT: 02/26/2016. and Economic Injury Loans): Atoka, Direct requests for additional ADDRESSES: Submit completed loan Bryan, Comanche, Johnston, Kiowa, information regarding the collection applications to: U.S. Small Business Le Flore, McClain, McCurtain, listed in this notice, including requests Administration, Processing and Pittsburg, Pottawatomie. for copies of the proposed collection Disbursement Center, 14925 Kingsport Contiguous Counties: (Economic Injury instrument and supporting documents, Road, Fort Worth, TX 76155. Loans Only): to George Weber at _ FOR FURTHER INFORMATION CONTACT: A. Oklahoma: Beckham, Carter, Choctaw, PRA [email protected]. Contreras, Office of Disaster Assistance, Coal, Cotton, Greer, Haskell, SUPPLEMENTARY INFORMATION: U.S. Small Business Administration, Hughes, Jackson, Latimer, Marshall, • Title of Information Collection: 409 3rd Street SW., Suite 6050, McIntosh, Murray, Okfuskee, Application for Immigrant Visa and Washington, DC 20416. Pontotoc, Pushmataha, Seminole, Alien Registration. SUPPLEMENTARY INFORMATION: The notice Sequoyah, Tillman, Washita. • OMB Control Number: 1405–0015. Arkansas: Little River, Polk, Scott, of the President’s major disaster • Type of Request: Extension of a Sebastian, Sevier. declaration for the State of Oklahoma, Currently Approved Application. Texas: Bowie, Fannin, Grayson, dated 05/26/2015 is hereby amended to • Originating Office: CA/VO/L/R. Lamar, Red River. re-establish the incident period for this • Form Number: DS–230. disaster as beginning 05/05/2015 and All other information in the original • Respondents: Immigrant Visa continuing. declaration remains unchanged. Applicants. All other information in the original (Catalog of Federal Domestic Assistance • Estimated Number of Respondents: declaration remains unchanged. Numbers 59002 and 59008) 5,000 respondents. • (Catalog of Federal Domestic Assistance Alan E. Escobar, Estimated Number of Responses: Numbers 59002 and 59008) 5,000 responses. Acting Associate Administrator for Disaster • Assistance. Average Time Per Response: 1 hour. Alan E. Escobar, • Total Estimated Burden Time: 5,000 [FR Doc. 2015–14318 Filed 6–10–15; 8:45 am] Acting Associate Administrator for Disaster hours. Assistance. BILLING CODE 8025–01–P • Frequency: Once per Respondent. [FR Doc. 2015–14329 Filed 6–10–15; 8:45 am] • Obligation to Respond: Required to BILLING CODE 8025–01–P Obtain or Retain a Benefit. DEPARTMENT OF STATE We are soliciting public comments to [Public Notice 9169] permit the Department to: SMALL BUSINESS ADMINISTRATION • Evaluate whether the proposed [Disaster Declaration #14330 and #14331] 30-Day Notice of Proposed Information information collection is necessary for Collection: Application for Immigrant the proper functions of the Department. Oklahoma Disaster Number OK–00092 and Alien Registration • Evaluate the accuracy of our estimate of the time and cost burden for AGENCY: U.S. Small Business ACTION: Notice of request for public this proposed collection, including the Administration. comment and submission to OMB of validity of the methodology and ACTION: Amendment 2. proposed collection of information. assumptions used.
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• Enhance the quality, utility, and Caltrans pursuant to its assigned 1. General: National Environmental clarity of the information to be responsibilities under 23 U.S.C. 327, as Policy Act (NEPA) [42 U.S.C. 4321– collected. well as actions by other Federal 4351]; Federal-Aid Highway Act [23 • Minimize the reporting burden on agencies, are final within the meaning of U.S.C. 109 and 23 U.S.C. 128]. those who are to respond, including the 23 U.S.C. 139(l)(1). The actions relate to 2. Air: Clean Air Act [42 U.S.C. 7401– use of automated collection techniques a proposed Interstate 5 Bus/Carpool 7671(q)]. or other forms of information Lanes Project (Post Miles 9.7 to 22.5), 3. Land: Section 4(f) of the Department technology. south of Elk Grove Blvd. to United of Transportation Act of 1966 [49 Please note that comments submitted in States (US) Highway 50 in Sacramento U.S.C. 303]; Landscaping and response to this Notice are public County, State of California. This action Scenic Enhancement (Wildflowers) record. Before including any detailed grants approval for the project. [23 U.S.C. 319]. 4. Wildlife: Endangered Species Act [16 personal information, you should be DATES: By this notice, FHWA, on behalf aware that your comments as submitted, U.S.C. 1531–1544 and Section of Caltrans, is advising the public of 1536]; Fish and Wildlife including your personal information, final actions subject to 23 U.S.C. will be available for public review. Coordination Act [16 U.S.C. 661– 139(l)(1). These actions have been taken 667(d)]; Migratory Bird Treaty Act Abstract of Proposed Collection by Caltrans pursuant to its assigned [16 U.S.C. 703–712]. responsibilities under 23 U.S.C. 327, as Department of State consular officers 5. Historic and Cultural Resources: well as by other Federal agencies. A use Form DS–230 (Application for Section 106 of the National Historic claim seeking judicial review of the Immigrant Visa and Alien Registration), Preservation Act of 1966, as Federal agency actions on the highway in conjunction with a personal amended [16 U.S.C. 470(f) et seq.]; project will be barred unless the claim interview and other requirements set Archeological Resources Protection is filed on or before November 9, 2015. forth in 22 CFR part 42, subpart G, to Act of 1977 [16 U.S.C. 470(aa)– If the Federal law that authorizes elicit information necessary to ascertain 470(ll)]; Archeological and Historic judicial review of a claim provides a the applicability of the legal Preservation Act [16 U.S.C. 469– time period of less than 150 days for requirements to issue an immigrant visa. 469(c)]; Native American Grave filing such claim, then that shorter time The information requested on the form Protection and Repatriation Act period still applies. is limited to that which is necessary for (NAGPRA) [25 U.S.C. 3001–3013]. consular officers to determine the FOR FURTHER INFORMATION CONTACT: 6. Social and Economic: Civil Rights Act eligibility and classification of aliens Kendall Schinke, Senior Environmental of 1964 [42 U.S.C. 2000(d)– seeking immigrant visas to the United Planner, California Department of 2000(d)(1)]; American Indian States efficiently. A consular officer is Transportation, 2379 Gateway Oaks Dr., Religious Freedom Act [42 U.S.C. unable to adjudicate such visas without Suite 150, Sacramento, CA 95833, 1996]; Farmland Protection Policy collecting this information. weekdays between 8 a.m. and 4:30 p.m., Act (FPPA) [7 U.S.C. 4201–4209]; (916) 274–0610, kendall_schinke@ The Uniform Relocation Assistance Methodology dot.ca.gov. and Real Property Acquisition Act The DS–230 is available electronically of 1970, as amended. SUPPLEMENTARY INFORMATION: Notice is via the internet and is downloaded, 7. Hazardous Materials: Comprehensive hereby given that Caltrans, and other Environmental Response, completed online, printed and Federal agencies have taken final agency submitted to the National Visa Center Compensation, and Liability Act actions by issuing licenses, permits, and (CERCLA), 42 U.S.C. 9601–9675; (NVC). The web address where the DS– approvals for the following highway 230 can be accessed is http:// Superfund Amendments and project in the State of California. The Reauthorization Act of 1986 travel.state.gov/content/visas/english/ Interstate 5 Bus/Carpool Lanes Project forms.html. (SARA); Resource Conservation and would improve operations and safety of Recovery Act (RCRA), 42 U.S.C. Dated: May 4, 2015. Interstate 5 in Sacramento County, 6901–6992(k). Edward Ramotowski, California. This would be accomplished 8. Wetlands and Water Resources: Clean Deputy Assistant Secretary, Bureau of by adding bus/carpool lanes in the Water Act (Section 404, Section Consular Affairs, Department of State. median the entire length of the project. 401, Section 319) [33 U.S.C. 1251– [FR Doc. 2015–14357 Filed 6–10–15; 8:45 am] The actions by Caltrans and other 1377]; Land and Water BILLING CODE 4710–06–P Federal agencies, and the laws under Conservation Fund (LWCF) [16 which such actions were taken, are U.S.C. 4601–4604]; Safe Drinking described in the Environmental Water Act (SDWA) [42 U.S.C. DEPARTMENT OF TRANSPORTATION Assessment (EA)/Finding of No 300(f)–300(j)(6)]; Rivers and significant Impact (FONSI) for the Harbors Act of 1899 [33 U.S.C. 401– Federal Highway Administration project, approved by Caltrans on June 2, 406]; Wild and Scenic Rivers Act 2015. The EA/FONSI and other project [16 U.S.C. 1271–1287]; Emergency Notice of Final Federal Agency Action records are available by contacting Wetlands Resources Act, [16 U.S.C. on Proposed Highway in California Caltrans at the address provided above. 3921, 3931]; Wetlands Mitigation AGENCY: Federal Highway Comments or questions concerning this [23 U.S.C. 103(b)(6)(M) and Administration (FHWA), DOT. proposed action should be directed to 133(b)(11)]; Flood Disaster Caltrans at the address provided above. ACTION: Notice of limitation on claims Protection Act, 42 U.S.C. 4001– for judicial review of actions by FHWA This notice applies to Caltrans and 4128. and other Federal agencies. other Federal agency decisions as of the 9. Executive Orders: E.O. 11990 issuance date of this notice and all laws Protection of Wetlands; E.O. 11988 SUMMARY: The FHWA, on behalf of the under which such actions were taken, Floodplain Management; E.O. California Department of Transportation including but not limited to the 12898, Federal Actions to Address (Caltrans) is issuing this notice to advise following Federal environmental Environmental Justice in Minority the public that Federal actions taken by statutes and Executive orders: Populations and Low Income
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Populations; E.O. 11593 Protection Federal holidays. If you have questions without corrective lenses, field of vision and Enhancement of Cultural on viewing or submitting material to the of at least 70 ° in the horizontal Resources; E.O. 13007 Indian docket, contact Docket Services, meridian in each eye, and the ability to Sacred Sites; E.O. 13287 Preserve telephone (202) 366–9826. recognize the colors of traffic signals America; E.O. 13175 Consultation SUPPLEMENTARY INFORMATION: and devices showing red, green, and and Coordination with Indian amber (49 CFR 391.41(b)(10)). Tribal Governments; E.O. 11514 I. Electronic Access FMCSA recognizes that some drivers Protection and Enhancement of You may see all the comments online do not meet the vision requirement but Environmental Quality; E.O. 13112 through the Federal Document have adapted their driving to Invasive Species. Management System (FDMS) at http:// accommodate their vision limitation and demonstrated their ability to drive (Catalog of Federal Domestic Assistance www.regulations.gov. Program Number 20.205, Highway Planning Docket: For access to the docket to safely. The 21 exemption applicants and Construction. The regulations read background documents or listed in this notice are in this category. implementing Executive Order 12372 comments, go to http:// They are unable to meet the vision regarding intergovernmental consultation on www.regulations.gov and/or Room requirement in one eye for various Federal programs and activities apply to this W12–140 on the ground level of the reasons, including Best disease, program.) West Building, 1200 New Jersey Avenue toxoplasmosis scar, corneal scar, Authority: 23 U.S.C. 139(l)(1). SE., Washington, DC, between 9 a.m. hemorrhage, retinal detachment, and 5 p.m., Monday through Friday, amblyopia, displaced pupil, cataract, Cesar Perez, except Federal holidays. macular drusen, esotropia, refractive Senior Transportation Engineer, Federal Privacy Act: In accordance with 5 amblyopia, complete loss of vision, Highway Administration, Sacramento, U.S.C. 553(c), DOT solicits comments maculopathy, chronic central serous California. from the public to better inform its retinopathy, hyperopia, retinal tear, [FR Doc. 2015–14264 Filed 6–10–15; 8:45 am] rulemaking process. DOT posts these calcification of cornea, and failed BILLING CODE 4910–RY–P comments, without edit, including any penetrating keratoplasty. In most cases, personal information the commenter their eye conditions were not recently provides, to www.regulations.gov, as developed. Thirteen of the applicants DEPARTMENT OF TRANSPORTATION described in the system of records were either born with their vision impairments or have had them since Federal Motor Carrier Safety notice (DOT/ALL–14 FDMS), which can be reviewed at www.dot.gov/privacy. childhood. Administration The eight individuals that sustained [Docket No. FMCSA–2014–0303] II. Background their vision conditions as adults have On March 18, 2015, FMCSA had it for a range of one to 29 years. Qualification of Drivers; Exemption published a notice of receipt of Although each applicant has one eye Applications; Vision exemption applications from certain which does not meet the vision individuals, and requested comments requirement in 49 CFR 391.41(b)(10), AGENCY: Federal Motor Carrier Safety from the public (80 FR 14240). That each has at least 20/40 corrected vision Administration (FMCSA), DOT. notice listed 21 applicants’ case in the other eye, and in a doctor’s ACTION: Notice of final disposition. histories. The 21 individuals applied for opinion, has sufficient vision to perform all the tasks necessary to operate a CMV. SUMMARY: FMCSA announces its exemptions from the vision requirement decision to exempt 21 individuals from in 49 CFR 391.41(b)(10), for drivers who Doctors’ opinions are supported by the the vision requirement in the Federal operate CMVs in interstate commerce. applicants’ possession of valid Motor Carrier Safety Regulations Under 49 U.S.C. 31136(e) and 31315, commercial driver’s licenses (CDLs) or (FMCSRs). They are unable to meet the FMCSA may grant an exemption for a 2- non-CDLs to operate CMVs. Before vision requirement in one eye for year period if it finds ‘‘such exemption issuing CDLs, States subject drivers to various reasons. The exemptions will would likely achieve a level of safety knowledge and skills tests designed to enable these individuals to operate that is equivalent to or greater than the evaluate their qualifications to operate a commercial motor vehicles (CMVs) in level that would be achieved absent CMV. All of these applicants satisfied the interstate commerce without meeting such exemption.’’ The statute also testing requirements for their State of the prescribed vision requirement in allows the Agency to renew exemptions residence. By meeting State licensing one eye. The Agency has concluded that at the end of the 2-year period. requirements, the applicants granting these exemptions will provide Accordingly, FMCSA has evaluated the demonstrated their ability to operate a a level of safety that is equivalent to or 21 applications on their merits and CMV, with their limited vision, to the greater than the level of safety made a determination to grant exemptions to each of them. satisfaction of the State. maintained without the exemptions for While possessing a valid CDL or non- these CMV drivers. III. Vision and Driving Experience of CDL, these 21 drivers have been DATES: The exemptions were granted the Applicants authorized to drive a CMV in intrastate April 18, 2015. The exemptions expire The vision requirement in the commerce, even though their vision on April 18, 2017. FMCSRs provides: disqualified them from driving in FOR FURTHER INFORMATION CONTACT: A person is physically qualified to interstate commerce. They have driven Charles A. Horan, III, Director, Carrier, drive a commercial motor vehicle if that CMVs with their limited vision in Driver and Vehicle Safety Standards, person has distant visual acuity of at careers ranging from one to 29 years. In (202) 366–4001, [email protected], least 20/40 (Snellen) in each eye the past three years, one of drivers was FMCSA, Department of Transportation, without corrective lenses or visual involved in a crash and two were 1200 New Jersey Avenue SE., Room acuity separately corrected to 20/40 convicted of moving violations in a W64–224, Washington, DC 20590–0001. (Snellen) or better with corrective CMV. Office hours are from 8:30 a.m. to 5 lenses, distant binocular acuity of a least The qualifications, experience, and p.m., Monday through Friday, except 20/40 (Snellen) in both eyes with or medical condition of each applicant
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were stated and discussed in detail in for the same individual exposed to each applicant is capable of operating in the March 18, 2015 notice (80 FR certain risks for two different time interstate commerce as safely as he/she 14240). periods vary only slightly (See Bates has been performing in intrastate and Neyman, University of California commerce. Consequently, FMCSA finds IV. Basis for Exemption Determination Publications in Statistics, April 1952). that exempting these applicants from Under 49 U.S.C. 31136(e) and 31315, Other studies demonstrated theories of the vision requirement in 49 CFR FMCSA may grant an exemption from predicting crash proneness from crash 391.41(b)(10) is likely to achieve a level the vision requirement in 49 CFR history coupled with other factors. of safety equal to that existing without 391.41(b)(10) if the exemption is likely These factors—such as age, sex, the exemption. For this reason, the to achieve an equivalent or greater level geographic location, mileage driven and Agency is granting the exemptions for of safety than would be achieved conviction history—are used every day the 2-year period allowed by 49 U.S.C. without the exemption. Without the by insurance companies and motor 31136(e) and 31315 to the 21 applicants exemption, applicants will continue to vehicle bureaus to predict the listed in the notice of March 18, 2015 be restricted to intrastate driving. With probability of an individual (80 FR 14240). the exemption, applicants can drive in experiencing future crashes (See Weber, We recognize that the vision of an interstate commerce. Thus, our analysis Donald C., ‘‘Accident Rate Potential: An applicant may change and affect his/her focuses on whether an equal or greater Application of Multiple Regression ability to operate a CMV as safely as in level of safety is likely to be achieved by Analysis of a Poisson Process,’’ Journal the past. As a condition of the permitting each of these drivers to drive of American Statistical Association, exemption, therefore, FMCSA will in interstate commerce as opposed to June 1971). A 1964 California Driver impose requirements on the 21 restricting him or her to driving in Record Study prepared by the California individuals consistent with the intrastate commerce. Department of Motor Vehicles grandfathering provisions applied to To evaluate the effect of these concluded that the best overall crash drivers who participated in the exemptions on safety, FMCSA predictor for both concurrent and Agency’s vision waiver program. considered the medical reports about nonconcurrent events is the number of Those requirements are found at 49 the applicants’ vision as well as their single convictions. This study used 3 CFR 391.64(b) and include the driving records and experience with the consecutive years of data, comparing the following: (1) That each individual be vision deficiency. experiences of drivers in the first 2 years physically examined every year (a) by To qualify for an exemption from the with their experiences in the final year. an ophthalmologist or optometrist who vision requirement, FMCSA requires a Applying principles from these attests that the vision in the better eye person to present verifiable evidence studies to the past 3-year record of the continues to meet the requirement in 49 that he/she has driven a commercial 21 applicants, one driver was involved CFR 391.41(b)(10) and (b) by a medical vehicle safely with the vision deficiency in a crash, and two were convicted of examiner who attests that the individual for the past 3 years. Recent driving moving violations in a CMV. All the is otherwise physically qualified under performance is especially important in applicants achieved a record of safety 49 CFR 391.41; (2) that each individual evaluating future safety, according to while driving with their vision provide a copy of the ophthalmologist’s several research studies designed to impairment, demonstrating the or optometrist’s report to the medical correlate past and future driving likelihood that they have adapted their examiner at the time of the annual performance. Results of these studies driving skills to accommodate their medical examination; and (3) that each support the principle that the best condition. As the applicants’ ample individual provide a copy of the annual predictor of future performance by a driving histories with their vision medical certification to the employer for driver is his/her past record of crashes deficiencies are good predictors of retention in the driver’s qualification and traffic violations. Copies of the future performance, FMCSA concludes file, or keep a copy in his/her driver’s studies may be found at Docket Number their ability to drive safely can be qualification file if he/she is self- FMCSA–1998–3637. projected into the future. employed. The driver must have a copy FMCSA believes it can properly apply We believe that the applicants’ of the certification when driving, for the principle to monocular drivers, intrastate driving experience and history presentation to a duly authorized because data from the Federal Highway provide an adequate basis for predicting Federal, State, or local enforcement Administration’s (FHWA) former waiver their ability to drive safely in interstate official. study program clearly demonstrate the commerce. Intrastate driving, like driving performance of experienced interstate operations, involves V. Discussion of Comments monocular drivers in the program is substantial driving on highways on the FMCSA received four comments in better than that of all CMV drivers interstate system and on other roads this proceeding. The comments are collectively (See 61 FR 13338, 13345, built to interstate standards. Moreover, discussed below. March 26, 1996). The fact that driving in congested urban areas Casey Fleming agrees with the experienced monocular drivers exposes the driver to more pedestrian proposal to grant the 21 drivers in this demonstrated safe driving records in the and vehicular traffic than exists on proceeding exemptions from the Federal waiver program supports a conclusion interstate highways. Faster reaction to vision standard. that other monocular drivers, meeting traffic and traffic signals is generally Larry Worley agrees with the proposal the same qualifying conditions as those required because distances between to grant Ronald J. Gruszecki an required by the waiver program, are also them are more compact. These exemption from the Federal vision likely to have adapted to their vision conditions tax visual capacity and standard. deficiency and will continue to operate driver response just as intensely as An anonymous commenter agrees safely. interstate driving conditions. The with the proposal to grant Raymond W. The first major research correlating veteran drivers in this proceeding have Pitts an exemption from the Federal past and future performance was done operated CMVs safely under those vision standard. in England by Greenwood and Yule in conditions for at least 3 years, most for An anonymous commenter agrees 1920. Subsequent studies, building on much longer. Their experience and with the proposal to grant Neal S. that model, concluded that crash rates driving records lead us to believe that Anderson, Robert D. Arkwright, Randy
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A. Cimei, and Ronald J. Gruszecki ACTION: Denial of exemption The decision of the Agency must be exemptions from the Federal vision application. published in the Federal Register (49 standard. CFR 381.315(b)). If the Agency denies SUMMARY: FMCSA denies an exemption the request, it must state the reason for IV. Conclusion application from the International doing so. If the decision is to grant the Based upon its evaluation of the 21 Window Film Association (IWFA) to exemption, the notice must specify the exemption applications, FMCSA allow the use of glazing in the windows person or class of persons receiving the exempts the following drivers from the to the immediate right and left of the exemption and the regulatory provision vision requirement in 49 CFR driver that does not meet the light or provisions from which an exemption 391.41(b)(10), subject to the transmission requirements specified in is granted. The notice must also specify requirements cited above (49 CFR the Federal Motor Carrier Safety the effective period of the exemption Regulations (FMCSR). The current rule 391.64(b)): (up to 2 years) and explain the terms permits windshields and side windows Neal S. Anderson (MN) and conditions of the exemption. The of commercial motor vehicles (CMVs) to Robert D. Arkwright (MS) exemption may be renewed (49 CFR be tinted as long as the light Charles D. Ashworth, Jr. (KY) 381.315(c) and 49 CFR 381.300(b)). Randy A. Cimei (IL) transmission is not restricted to less Ronald J. Gruszecki (IL) than 70 percent of normal. While IWFA IWFA Application for Exemption Gerald L. Harper (MO) contended that a reduction of light IWFA applied for an exemption from Alan L. Helfer, Sr. (IL) entering the truck cab interior can (1) 49 CFR 393.60(d) to allow the use of Steven R. Jones (KS) significantly improve driver comfort, (2) glazing in the windows to the William F. Laforce (VT) reduce eye strain, and (3) reduce the immediate right and left of the driver Robert N. Lewis (OH) heat load of the interior environment, that does not meet the light Ryan T. McKinney (TN) thus making the driver more transmission requirements specified in Freeman A. Miller (OH) comfortable as well as lowering energy the FMCSRs. A copy of the application Larry G. Murray (LA) use for cooling, it failed to provide any is included in the docket referenced at Thomas W. Oberschlake (OH) evidence that motor carriers operating the beginning of this notice. Dennis R. Ohl (MO) CMVs equipped with glazing that blocks Section 393.60(d) of the FMCSRs J.W. Peebles (TN) more normal light than currently Craig C. Perrotta (MA) permits coloring or tinting of permitted will achieve a level of safety windshields and the windows to the Raymond W. Pitts (FL) that is equivalent to, or greater than, the Jeffrey A. Porter (CT) immediate right and left of the driver, as level of safety that would be obtained by long as the ‘‘parallel luminous Marty J. Prouty (IA) complying with the regulation. Daniel A. Rau (NJ) transmittance through the colored or FOR FURTHER INFORMATION CONTACT: Mr. In accordance with 49 U.S.C. 31136(e) tinted glazing is not less than 70 percent Mike Huntley, Vehicle and Roadside of the light at normal incidence in those and 31315, each exemption will be valid Operations Division, Office of Bus and for 2 years unless revoked earlier by portions of the windshield or windows Truck Standards and Operations, MC– which are marked as having a parallel FMCSA. The exemption will be revoked PSV, (202) 366–5370; Federal Motor if: (1) The person fails to comply with luminous transmittance of not less than Carrier Safety Administration, 1200 70 percent.’’ The transmittance the terms and conditions of the New Jersey Avenue SE., Washington, exemption; (2) the exemption has restriction does not apply to other DC 20590–0001. windows on the commercial motor resulted in a lower level of safety than SUPPLEMENTARY INFORMATION: was maintained before it was granted; or vehicle. (3) continuation of the exemption would Background In its application, IWFA states: not be consistent with the goals and Section 4007 of the Transportation Many commercial operators, however, objectives of 49 U.S.C. 31136 and 31315. Equity Act for the 21st Century (TEA– have been unable to obtain the approved film products in a timely and local basis; this has If the exemption is still effective at the 21) [Pub. L. 105–178, June 9, 1998, 112 end of the 2-year period, the person may generated a significant volume of inquiries to Stat. 401] amended 49 U.S.C. 31315 and federal, state, and association offices. We are apply to FMCSA for a renewal under 31136(e) to provide authority to grant therefore requesting a favorable consideration procedures in effect at that time. exemptions from the FMCSRs. On for the use of a market-standard 50%-type of Issued on: May 29, 2015. August 20, 2004, FMCSA published a film with a 7% measurement tolerance (to Larry W. Minor, final rule (69 FR 51589) implementing accommodate variances in glass, glass condition, film manufacturing variation, and Associate Administrator for Policy. section 4007. Under this rule, FMCSA must publish a notice of each exemption meter differences.) This would allow the [FR Doc. 2015–14273 Filed 6–10–15; 8:45 am] request in the Federal Register (49 CFR standard 50%-type film to be used on CMVs BILLING CODE 4910–EX–P for the windows to the immediate right and 381.315(a)). The Agency must provide left of the driver. This film is the same the public with an opportunity to minimum visibility requirement used in the DEPARTMENT OF TRANSPORTATION inspect the information relevant to the majority of states for automobiles and is application, including any safety essentially ‘‘clear’’ to the extent that, in most Federal Motor Carrier Safety analyses that have been conducted. The cases, it is difficult to determine if a vehicle Administration Agency must also provide an even has had film applied. Since a reduction opportunity for public comment on the of light entering the truck cab interior will [[Docket No. FMCSA–2013–0436] request. decrease not only available visible light but also scattered light (sometimes called Parts and Accessories Necessary for The Agency reviews the safety analyses and the public comments and ‘‘interference haze’’ by optical researchers), it Safe Operation; Denial of the can significantly improve driver comfort and International Window Film determines whether granting the reduce eye strain while also allowing films Association’s Exemption Application exemption would likely achieve a level to be used which can also reduce the heat of safety equivalent to or greater than load of the interior environment, thus making AGENCY: Federal Motor Carrier Safety the level that would be achieved by the the driver more comfortable as well as Administration (FMCSA), DOT. current regulation (49 CFR 381.305). lowering energy use for cooling.
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In support of its application, IWFA The amount of light transmitted requesting public comment on the also provided an excerpt from an article through vehicle glazing affects the issues raised in the petition (54 FR titled ‘‘Safety Benefits and Costs of ability of the driver to see objects on the 36427). Tinted Glazing’’ published in 1988 by road. Low light transmittance can make The House Appropriations Committee Harold Wakeley of the IIT Research it difficult to detect low contrast objects, Report accompanying the Department of Institute of Chicago. such as pedestrians, whose luminance Transportation Appropriations Act for In addition, IWFA stated: and coloring causes them to blend with Fiscal Year 1991 requested NHTSA to This level of application would retain the the background of the roadside report to the House and Senate industry’s commitment to the enforcement environment. The effect of low light Committees on Appropriations on the community and also provide the commercial transmittance levels on the driver’s adequacy of current regulations fleet operator with the expanded benefits of vision is most pronounced at dusk and governing window tinting. In March a larger number of film products which can night when the ambient light level is 1991, NHTSA issued a Report to provide energy and emissions improvements. low. This is because the ‘‘contrast Congress on Tinting of Motor Vehicle It should be noted that while there may be sensitivity’’ of the eye diminishes as the Windows which, among other things, no additional improvement in UV protection from that received by the current standard of overall brightness of the scene concluded: 70 percent, the added benefit of fuel savings decreases. This lower contrast • While it is not possible to quantify the (and therefore greenhouse gas reductions) as sensitivity makes it especially difficult safety effects of lowering the light well as reduced glare (haze) and enhanced to discern low contrast objects. This transmittance through window tinting, data driver comfort are greatly expanded by the problem is most acute for older drivers indicate that extensive tinting can reduce the benefits associated with the use of the who have poorer contrast sensitivity. ability of drivers to detect objects, which requested level of film on CMVs. Contrast sensitivity declines by a factor could lead to an increase in crashes. • The benefits of tinting do not appear Safety Requirements of two about every 20 years after age 30. Thus, older drivers have poorer dusk great enough to justify any loss in safety that Section 393.60(a) of the FMCSRs may be associated with allowing excessive and night vision. tinting of windows. Further, technology requires that ‘‘Glazing material used in The light transmittance requirements windshields, windows, and doors on a already being applied in production car must be met by all glazing installed in windows can reduce the heat build up in the motor vehicle manufactured on or after windows that are ‘‘requisite for driving occupant compartment while preserving the December 25, 1968, shall at a minimum visibility.’’ For CMVs, glazing that meets driver’s visibility. A greater reduction in the meet the requirements of Federal Motor the 70 percent light transmittance ability of drivers to see through the Vehicle Safety Standard (FMVSS) No. requirement is required in the windshield, rear window or front side 205 in effect on the date of manufacture windshield and the windows to the windows would be expected to decrease of the motor vehicle.’’ immediate left and right of the driver. highway safety. NHTSA is authorized to issue safety Section 393.60 of the FMCSRs does not On January 22, 1992, NHTSA standards applicable to new motor require other windows on CMVs (i.e., published a notice of proposed vehicles and motor vehicle equipment rear windows) to meet the 70 percent rulemaking in the Federal Register to under 49 U.S.C. 30101 et seq. These light transmittance requirement, as amend FMVSS No. 205 to (1) revise the safety standards establish minimum Section 393.80 of the FMCSRs requires light transmittance requirements to performance requirements for motor every bus, truck, and truck tractor to be replicate real-world conditions more vehicles and motor vehicle equipment equipped with two rear-vision mirrors, closely, (2) adjust the required light in order to ‘‘reduce traffic accidents and one at each side, firmly attached to the transmittance levels in the standard in deaths and injuries resulting from traffic outside of the motor vehicle and so response to the new test procedure and accidents’’ [49 U.S.C. 30101]. Under this located as to reflect to the driver a view other considerations, and (3) make the authority, NHTSA issued FMVSS No. of the highway to the rear, along both light transmittance requirements 205, ‘‘Glazing materials,’’ which applies sides of the vehicle. These rear-vision consistent for passenger cars and light to all new vehicles and all new glazing mirrors must meet the requirements of trucks (57 FR 2496). materials for use in motor vehicles. FMVSS No. 111, ‘‘Rearview mirrors,’’ in On July 14, 1998, NHTSA published FMVSS No. 205 specifies performance effect at the time the vehicle was a notice in the Federal Register requirements and permissible locations manufactured. withdrawing the proposed amendments for the types of glazing that may be to FMVSS No. 205 to revise its light NHTSA Rulemaking and Report to installed in motor vehicles. The transmittance requirements (63 FR Congress standard incorporates by reference 36427). In part, NHTSA concluded that American National Standards Institute On August 10, 1988, a group of there was limited prospect of (ANSI) Standard Z26.1, ‘‘Safety Code for businesses submitted a petition for commensurate increases in visibility Safety Glazing Materials for Glazing rulemaking to NHTSA on the issue of and safety, and indicated that it wanted Motor Vehicles Operating on Land light transmissibility for motor vehicle to better define the relationship between Highways,’’ (Z26). The requirements in glazing. Specifically, NHTSA was light transmittance and highway safety Z26 are specified in terms of petitioned to amend FMVSS No. 205 to before requiring differing transmittance performance tests that the various types permit 35 percent minimum luminous values for different vehicle windows. of glazing must pass. transmittance plastic film on glazing in One of the tests is for luminous, or the side and rear locations of passenger Public Comments light, transmittance. This test measures cars. The petition was accompanied by On January 23, 2014, FMCSA the regular (parallel) transmittance of a a report, ‘‘Safety Benefits and Costs of published a notice of the IWFA sample of the glazing, in terms of the Tinted Vehicle Glazing’’ by the Illinois application and asked for public percentage of incident light that passes Institute of Technology Research comment (79 FR 3916). The Agency through the glazing. During the test, Institute (IITRI)—the same report cited received 16 comments. light strikes the glazing at a 90 degree by IWFA in the subject exemption The Agency received 12 comments in angle. To pass the test, the glazing must application. On July 20, 1989, NHTSA support of IWFA’s exemption allow 70 percent of the incident light to published a notice in the Federal application, including 10 from pass through. Register granting the petition and individual drivers, one from a motor
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carrier representative, and one from the Advocates stated that as the IWFA to glazing surfaces, (2) minimize the American Trucking Associations (ATA), exemption, if granted, would apply to possibility of occupants being thrown a united federation of motor carriers, all CMVs, it was concerned that: through the vehicle windows in state trucking associations, and national [t]he exemption would amount to a whole collisions, and, specifically with respect trucking conferences. The individual cloth change of current regulation for all to the subject IWFA exemption drivers and the motor carrier commercial motor vehicles which should application, (3) ensure a necessary representative cited many of the same more appropriately be handled through degree of transparency in motor vehicle rulemaking rather than exemption (or similar) benefits identified by IWFA windows for driver visibility. While in its exemption application in support procedures. Advocates is further concerned that should this exemption be granted, at the IWFA contended that a reduction of of allowing the use of glazing that end of the two-year exemption period there light entering the truck cab interior can blocks more normal light than currently would be widespread non-compliance unless (1) significantly improve driver comfort, permitted, including (1) reduced glare, the exemption were extended, which would (2) reduce eye strain, and (3) reduce the (2) reduced eye stress/strain, tiredness, lead to repetitive requests for renewal of the heat load of the interior environment and headaches due to heat, (3) increased exemption. This situation would effectively eliminate the current regulation, or require thus making the driver more driver comfort and awareness due to comfortable as well as lowering energy decreased cab temperatures, (4) that portion of the fleet using the proposed film to replace the window films or glazing use for cooling, it failed to provide any increased privacy at truck stops, (5) in order to conform to the existing rule evidence that motor carriers operating reduced risk of skin cancer, and (6) without the exemption. The FMCSA should CMVs equipped with glazing that blocks increased availability and lower cost deny the present petition and address the more normal light than currently when compared to compliant glazing. proposal through the rulemaking process. ATA supported the exemption permitted will achieve a level of safety In addition, Advocates states that that is equivalent to, or greater than, the application, stating that it ‘‘believes that IWFA ‘‘neither performed nor included this exemption will not adversely level of safety that would be obtained by any form of safety analysis in the complying with the regulation. impact safety and may help reduce heat Application nor provided any form of load thereby lowering energy use and explanation as to how the Applicant NHTSA’s 1991 Report to Congress improving fuel economy.’’ would ensure that the proposed acknowledged that ‘‘Although all FMCSA Response: None of the alternative window film light studies show a lowering of the ability to commenters that supported the transmission levels would achieve an detect targets as tint level increases, it exemption application provided any equivalent level of safety as required by is not possible to predict accurately the data or information to demonstrate that both statute and regulation.’’ numerical relationship between an equivalent level of safety would be Specifically, Advocates stated: accidents and tinting.’’ At the same maintained with the reduction in light [t]here is no discussion of safety or the time, however, the same report states transmittance. FMCSA agrees with impact that decreased light transmission may ‘‘The loss, due to excessive tinting and NHTSA’s previous conclusions that (1) have under other conditions, such as at night its effect on light transmittance, of the the suggested benefits of reduced light when this may reduce the driver’s ability to ability to see low contrast objects such transmission levels are minimal and can view objects and vehicles through the side as people, animals or unlighted vehicles windows and mirrors. While the Applicant be better achieved through other means, does cite a decades old paper on the benefits is clearly a safety problem.’’ [Emphasis and (2) a reduction in the ability of of reduced light transmittance, there is no added]. drivers to see through the windshield, discussion of this effect in any way, let alone Based on all of the above, FMCSA has rear window or front side windows in terms of safety, on the operation of a made a determination to deny the IWFA commercial vehicle. Additionally the citing would be expected to decrease highway exemption application. Absent any safety. Consistent with the previous of summary findings from a single work of amendments to FMVSS No. 205 and/or findings by NHTSA, FMCSA believes decades old research in no way qualifies as an ‘‘assessment of safety’’ as required by ANSI Z26.1 referenced therein, and that any potential benefits of reduced statute and regulation. lacking any objective data or analyses light transmittance are not great enough demonstrating that a reduction of the to justify any corresponding loss in FMCSA response: The comments safety that may be associated such regarding reduced visibility, especially required light transmittance from 70 reduction. at night, are consistent with previous percent to 50 percent in CMVs will not NHTSA findings, and FMCSA agrees adversely affect the level of safety of The Agency received four comments that this reduced visibility would likely CMV operations, FMCSA is unable to opposed to IWFA’s exemption lead to a reduction in safety. FMCSA make a determination—as required in application, including two from agrees with Advocates that none of the 49 CFR 381.305(a)—that motor carriers individual drivers, one from a retired commenters that supported the would be able to maintain a level of police officer, and one from Advocates exemption application provided any safety equivalent to, or greater than, the for Highway and Auto Safety data or information to demonstrate that level achieved without the exemption. (Advocates). The individual drivers an equivalent level of safety would be noted that window tinting (1) reduces maintained with the reduction in light Issued on: May 27, 2015. visibility, explicitly at night, and (2) transmittance. Lacking any such data or T.F. Scott Darling, III, inhibits the ability to establish eye information, FMCSA is unable to make Chief Counsel. contact with other drivers and a determination—as required in 49 CFR [FR Doc. 2015–14272 Filed 6–10–15; 8:45 am] pedestrians at intersections. The retired 381.305(a)—that motor carriers would BILLING CODE 4910–EX–P police office cited concerns regarding be able to maintain a level of safety the safety of law enforcement officials, equivalent to, or greater than, the level noting that tinted windows make it achieved without the exemption. more difficult to see how many persons are occupying vehicles, and possible FMCSA Decision weapons, drugs, or contraband on board The purpose of FMVSS No. 205 is to the CMV. (1) reduce injuries resulting from impact
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DEPARTMENT OF TRANSPORTATION Background allowed C.R. England time to route the FMCSA has authority under 49 U.S.C. new driver to his or her State of Federal Motor Carrier Safety 31136(e) and 31315 to grant exemptions domicile to obtain the permanent CDL Administration from the Federal Motor Carrier Safety and place the new driver into an on-the- Regulations. FMCSA must publish a job training position with a driver- [Docket No. FMCSA–2014–0406] notice of each exemption request in the trainer. The driver-trainer supervised Federal Register (49 CFR 381.315(a)). and observed the new driver, but was Commercial Driver’s License The Agency must provide the public an not required to be on-duty and in the Standards: Application for Exemption; front seat at all times. Thus, the new opportunity to inspect the information C.R. England, Inc. driver became productive immediately, relevant to the application, including allowing more freight movement for any safety analyses that have been AGENCY: Federal Motor Carrier Safety C.R. England and compensation for the conducted. The Agency must also Administration (FMCSA), DOT. new driver. provide an opportunity for public ACTION: Notice of final disposition; grant C.R. England contends that of application for exemption. comment on the request. compliance with the CDL rule prevents The Agency reviews the safety it from implementing more efficient SUMMARY: FMCSA announces its analyses and the public comments, and operations. The rule places C.R. England decision to grant C.R. England, Inc. (C.R. determines whether granting the in the untenable position of either England) an exemption from the exemption would likely achieve a level sending the CLP holder home without provisions in 49 CFR 383.25(a)(1) that of safety equivalent to, or greater than, having hired him or her (because the require a commercial learner’s permit the level that would be achieved by the person does not yet have a CDL) with (CLP) holder to be accompanied by a current regulation (49 CFR 381.305). no assurance that the driver will remain commercial driver’s license (CDL) The decision of the Agency must be with C. R. England after obtaining the holder with the proper CDL class and published in the Federal Register (49 CDL; or, hiring the CLP holder and endorsements, seated in the front seat of CFR 381.315(b)) with the reason for the sending him or her home in an the vehicle while the CLP holder grant or denial, and, if granted, the unproductive non-driving capacity. performs behind-the-wheel training on specific person or class of persons Granting the exemption would allow the public roads or highways. Under the receiving the exemption, and the CLP holder to drive as part of a team on terms and conditions of this exemption, regulatory provision or provisions from that trip, resulting in reduced costs and a CLP holder who has documentation of which exemption is granted. The notice increased productivity. passing the CDL skills test may drive a must also specify the effective period of C.R. England asserts that the commercial motor vehicle for C.R. the exemption (up to 2 years), and exemption would be consistent with the England without being accompanied by explain the terms and conditions of the Agency’s comments in the preamble to a CDL holder in the front seat. The exemption. The exemption may be the final rule adopting § 383.25 that exemption enables CLP holders to drive renewed (49 CFR 381.300(b)). ‘‘FMCSA does not believe that it is safe as part of a team and have the same Request for Exemption to permit inexperienced drivers who regulatory flexibility that 49 CFR 383 have not passed the CDL skills test to provides for C.R. England’s team drivers C.R. England is a carrier that drive unaccompanied.’’ (76 FR 26854, with CDLs. C.R. England believes that transports temperature-sensitive freight. 26861 May 9, 2011). The exemption the exemption will allow these drivers It provides CDL training for its drivers sought would apply only to those C.R. to operate in a way that benefits the in partnership with Premier Truck England drivers who have passed the driver, the carrier, and the economy as Driving Schools in five locations (Burns CDL skills test and hold a CLP. C.R. a whole without any detriment to safety. Harbor, IN; Dallas, TX; Fontana, CA; England believes that the exemption Richmond, IN; and Salt Lake City, UT). DATES: The exemption is effective from would result in a level of safety that is C.R. England seeks an exemption from 12:01 a.m., June 11, 2015 through 11:59 equivalent to or greater than the level of 49 CFR 383.25(a)(1) that would allow p.m., June 12, 2017. safety provided under the rule. The only CLP holders who have successfully difference between a CLP holder who FOR FURTHER INFORMATION CONTACT: Mrs. passed a CDL skills test and are thus has passed the CDL skills test and a CDL Pearlie Robinson, FMCSA Driver and eligible to receive a CDL, to drive a holder is that the latter has received the Carrier Operations Division; Office of truck without a CDL holder being actual CDL from a State Driver Carrier, Driver and Vehicle Safety present in the front seat. This would Licensing Agency. Standards; Telephone: 202–366–4325. allow a CLP holder to participate in a Email: [email protected]. revenue-producing trip back to his or Public Comments Docket: For access to the docket to her State of domicile to obtain the CDL On November 28, 2014, FMCSA read background documents or document, as the CDL can only be published notice of this application and comments submitted to the notice issued by the State of domicile in requested public comment (79 FR requesting public comments on the accordance with Part 383. 70916). The Agency received 274 exemption application, go to C.R. England advised that FMCSA is comments representing various www.regulations.gov at any time or visit aware of the trucking industry’s need for transportation interests in response to Room W12–140 on the ground level of qualified and well-trained drivers to the proposed exemption. Eleven the West Building, 1200 New Jersey meet increasing shipping demands. C.R. comments received in support of the Avenue SE., Washington, DC, between 9 England believes that 49 CFR exemption were from AAA School of a.m. and 5 p.m., ET, Monday through 383.25(a)(1) limits its ability to Trucking; American Trucking Friday, except Federal holidays. The on- efficiently recruit, train, and employ Associations (ATA); C.R. England; line Federal document management new entrants to the industry. Prior to Katlaw Truck Driving Schools; U.S. system is available 24 hours each day, the implementation of section Truck Driver Training School, Inc.; Utah 365 days each year. The docket number 385.25(a)(1), States routinely issued Trucking Association; an anonymous is listed at the beginning of this notice. temporary CDLs to drivers who passed truck driver training school; and four SUPPLEMENTARY INFORMATION: the CDL skills test. The temporary CDL individuals. Among the 257
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respondents opposing the exemption An anonymous respondent surrounding the applicability of the were Advocates for Highway and Auto commented by stating ‘‘I do not see a regulations.’’ Safety (Advocates); American reason why this exemption would not OOIDA stated that ‘‘OOIDA, as a Association of Motor Vehicle only be granted to C.R. England, but to general policy, does not believe FMCSA Administrators (AAMVA); Commercial any other individual or carrier that is should exempt large motor carriers from Vehicle Safety Alliance (CVSA); Owner- similarly situated.’’ the agency’s CDL training-related Operator Independent Drivers Mr. Matthew Crawford commented regulations.’’ OOIDA further stated that Association (OOIDA); Apex CDL that ‘‘I support the exemption providing ‘‘Given the open nature of FMCSA’s Institute; and individual drivers and the company has a strong driver training rulemaking, it is driver trainees. The Commercial Vehicle documentation in safety and certainly conceivable that the issues Training Association (CVTA) and the compliance department.’’ raised by CRE in its exemption request California Trucking Association (CTA) Advocates, AAMVA, APEX CDL could be considered under that process, were among 6 respondents who did not Institute, CVSA, and OOIDA opposed along with the broad scope of issues indicate opposition or support for the the exemption. The remaining 252 covered under the process by which a exemption. CVTA commented that comments in opposition were from new driver obtains a CDL.’’ before considering C.R. England’s truck drivers, truck driver-trainers, and Mr. Roy Moore wrote that ‘‘I think exemption, the FMCSA must first clarify individuals. These respondents do not this proposal would be a grave mistake. its regulations regarding issuance of a believe that it is safe for a CLP holder As a 27+ year driver I’d say putting CDL. The CTA submitted a petition for to operate a CMV without the someone with No practical experience an exemption to allow States the option supervision of a CDL driver-trainer in on the road without a trainer is a terrible to waive the domicile requirements in the front seat of the truck. mistake.’’ Mr. Brian Riker, a former CDL 49 CFR 383.25(a)(2), 383.71(a)(2)(vi), Advocates commented that ‘‘When a and 384.212. examiner argued that ‘‘It is not advisable CDL holder is not in the front seat of the to allow a CDL permit holder to operate AAA School of Trucking commented truck observing the actions of the CLP a vehicle without direct, front seat that ‘‘As a licensing center, we see holder, the driver cannot provide the supervision. This is a basic design graduates all the time waiting for the supervision as required by the federal function incorporated since the plastic license to be issued, when they regulation. When not present in the inception of the CDL program. When are ready to drive. The extensiveness of front seat of the vehicle, the CDL holder you reduce this to the most basic level, the training, which in our case is is not focused on the task of driving and CR England wishes to have their thorough regardless of licensing cannot give the CLP holder critical ‘‘trainer’’ on their break in the sleeper concerns, still is irrelevant to the issue insight and advice specific to situations berth, sleeping, so they may be ready to at hand.’’ encountered by the CLP holder during drive when the student has run their The ATA commented that ‘‘Because the trip. This type of unique guidance hours out. How can that be construed as such drivers have already successfully is invaluable in teaching and training training if the instructor is sleeping or passed both knowledge and skills tests, novice drivers, forming good driving otherwise occupied and not directly they could be presumed to have habits and can help prevent a crash.’’ observing and correcting the students demonstrated safety performance APEX CDL Institute commented that behavior?’’ All comments are available equally as safe as a driver holding a ‘‘It has nothing to do with CRE’s for review in the docket for this notice. CDL. Only formalities in the drivers’ shortage of drivers . . . it has everything state of domicile prevent the driver from to do with their running a driver FMCSA Response and Decision already holding such a credential. program consisting of indentured The premise of respondents opposing Therefore, ATA encourages FMCSA to servants and their desire to maintain the exemption is that CLP holders lack grant the proposed exemption.’’ control over them.’’ experience and are safer drivers when C.R. England commented that ‘‘The AAMVA recommended that ‘‘FMCSA observed by a CDL driver-trainer who is exemption is not seeking a reprieve not grant this exemption under the on duty and in the front seat of the from any testing or training standards, determination that such an exemption vehicle. The fact is that CLP holders but instead is seeking to allow qualified would not achieve a level of safety who have passed the CDL skills test are drivers to begin providing for their equivalent to the level that would be qualified and eligible to obtain a CDL. families rather than having to cut achieved by current FMCSRs.’’ If these CLP holders had obtained their through unnecessary bureaucratic red ‘‘AAMVA feels that any additional training and CLPs in their State of tape. Additionally, if the FMCSA documentation requirements would domicile, they could immediately believes that this exemption is more contribute to substantial cost being obtain their CDL at the State driver easily and consistently enforced if the borne by the states, additional licensing agency and begin driving a exemption applies to all similarly administrative burden in issuing CMV without any on-board supervision. situated drivers, C.R. England would documentation to satisfy the return trip There is no quantitative data or other support broadening the exemption to the State of domicile, and open the information that having a CDL holder request.’’ commercial transportation network up accompany a CLP holder who has Katlaw Truck Driving Schools to additional instances of document passed the skills test improves safety. commented that ‘‘All they are asking is fraud.’’ Because these drivers have passed the that an out of state candidate who CVSA summarized its opposition to CDL skills test, the only thing necessary passes the skills test is allowed to go to the exemption by stating that ‘‘granting to obtain the CDL is to apply at the work immediately as a licensed driver yet another regulatory exception only Department of Motor Vehicles in their in the same way that an in state serves to confound law enforcement and State of domicile. candidate can.’’ industry’s understanding of the rules. FMCSA has evaluated C.R. England’s Utah Trucking Association Every exception and change to application for exemption and the commented that ‘‘The exemption is regulations requires additional training public comments. The Agency believes merely seeking to eliminate red tape and for inspectors, resulting in the potential that C.R. England’s overall safety inefficiency.’’ for a higher level of confusion performance as reflected in its
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‘‘satisfactory’’ safety rating, will enable g. The police-reported cause of the Chapter 301 on the basis that this it to achieve a level of safety that is accident, noncompliance is inconsequential to equivalent to, or greater than, the level h. Whether the driver was cited for motor vehicle safety. of safety achieved without the violation of any traffic laws, or motor Notice of receipt of the CTA’s petition exemption (49 CFR 381.305(a)). The carrier safety regulations, and was published, with a 30-day public exemption is restricted to C.R. England’s i. The total driving time and the total comment period, on April 16, 2015 in CLP holders who have documentation on-duty time of the CMV driver at the the Federal Register (80 FR 20570). No that they have passed the CDL skills time of the accident. comments were received. To view the petition and all supporting documents test. The exemption will enable these Termination drivers to operate a CMV as a team log onto the Federal Docket driver without requiring the The FMCSA does not believe the CLP- Management System (FDMS) Web site accompanying CDL holder be on duty holders covered by the exemption will at: http://www.regulations.gov/. Then and in the front seat while the vehicle experience any deterioration of their follow the online search instructions to is moving. safety record. However, should this locate docket number ‘‘NHTSA–2015– occur, FMCSA will take all steps 0015.’’ Terms and Conditions of the Exemption necessary to protect the public interest, II. Tires Involved: Affected are Period of the Exemption including revocation of the exemption. approximately 116,500 Continental The FMCSA will immediately revoke This exemption from the ExtremeContact DWS size 225/45R17 the exemption for failure to comply requirements of 49 CFR 383.25(a)(1) is 91W, Continental ExtremeContact DW with its terms and conditions. effective during the period of June 11, size 225/45R17 91W and General G-Max 2015 through June 12, 2017. The Issued on: June 3, 2015. AS–03 size 225/45R17 91W passenger exemption will expire on June 12, 2017, T.F. Scott Darling, III, car tires. III. Noncompliance: CTA explains 11:59 p.m. local time, unless renewed. Chief Counsel. that the noncompliance is that due to Extent of the Exemption [FR Doc. 2015–14276 Filed 6–10–15; 8:45 am] mold labeling errors, the sidewall BILLING CODE 4910–EX–P The exemption is contingent upon markings on the subject tires do not C.R. England maintaining USDOT correctly describe the actual number of plies in the tread area of the tires as registration, minimum levels of public DEPARTMENT OF TRANSPORTATION liability insurance, and not being required by paragraph S5.5(f) of FMVSS subject to any ‘‘imminent hazard’’ or National Highway Traffic Safety No. 139. Specifically, the Continental other out-of-service (OOS) order issued Administration ExtremeContact DWS size 225/45R17 91W tires were manufactured with by FMCSA. Each driver covered by the [Docket No. NHTSA–2015–0015; Notice 2] exemption must maintain a valid ‘‘Tread 4 Plies: 1 Polyester + 2 Steel + 1 Polyamide.’’ The correct labeling and driver’s license and CLP with the Continental Tire the Americas, LLC, stamping should have been ‘‘Tread 5 required endorsements, not be subject to Grant of Petition for Decision of Plies: 1 Polyester + 2 Steel + 2 any OOS order or suspension of driving Inconsequential Noncompliance privileges, and meet all physical Polyamide.’’ The Continental qualifications required by 49 CFR part AGENCY: National Highway Traffic ExtremeContact DW size 225/45R17 391. Safety Administration (NHTSA), 91W tires were manufactured with Department of Transportation (DOT). ‘‘Tread 4 Plies: 1 Polyester + 2 Steel + Preemption ACTION: Grant of petition. 1 Polyamide.’’ The correct labeling and During the period this exemption is in stamping should have been ‘‘Tread 5 effect, no State may enforce any law or SUMMARY: Continental Tire the Plies: 1 Polyester + 2 Steel + 2 regulation that conflicts with or is Americas, LLC, (CTA), has determined Polyamide.’’ The General G-Max AS–03 inconsistent with the exemption with that certain Continental replacement size 225/45R17 91W tires were respect to a person or entity operating passenger car tires do not fully comply manufactured with ‘‘Plies: Tread: 1 under the exemption (49 U.S.C. with paragraph S5.5(f) of Federal Motor Polyester + 2 Steel + 1 Polyamide.’’ The 31315(d)). Vehicle Safety Standard (FMVSS) No. correct labeling and stamping should 139, New Pneumatic Radial Tires for have been ‘‘Plies: Tread: 1 Polyester + FMCSA Accident Notification Light Vehicles. CTA has filed an 2 Steel + 2 Polyamide.’’ C.R. England must notify FMCSA appropriate report dated January 7, IV. Rule Text: Paragraph S5.5 of within 5 business days of any accidents 2015, pursuant to 49 CFR part 573, FMVSS No. 139 requires in pertinent (as defined by 49 CFR 390.5) involving Defect and Noncompliance part: the operation of any of its CMVs while Responsibility and Reports. S5.5 Tire Markings. Except as specified in utilizing this exemption. The ADDRESSES: For further information on paragraphs (a) through (i) of S5.5, each tire notification must be by email to this decision contact Abraham Diaz, must be marked on each sidewall with the [email protected], and include the Office of Vehicles Safety Compliance, information specified in S5.5(a) through (d) following information: the National Highway Traffic Safety and on one sidewall with the information a. Date of the accident, Administration (NHTSA), telephone specified in S5.5(e) through (i) according to b. City or town, and State, in which the phase-in schedule specified in S7 of this (202) 366–5310, facsimile (202) 366– standard . . . the accident occurred, or which is 5930. closest to the scene of the accident, (f) The actual number of plies in the c. Driver’s name and driver’s license SUPPLEMENTARY INFORMATION: sidewall, and the actual number of plies in the tread area, if different; number, I. CTA’s Petition: Pursuant to 49 d. Vehicle number and State license U.S.C. 30118(d) and 30120(h) (see V. Summary of CTA’s Analyses: CTA number, implementing rule at 49 CFR part 556), stated its belief that the subject e. Number of individuals suffering CTA submitted a petition for an noncompliance is inconsequential to physical injury, exemption from the notification and motor vehicle safety for the following f. Number of fatalities, remedy requirements of 49 U.S.C. reasons:
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(A) CTA believes that the mislabeling The use of steel cord construction in the Series sedan passenger vehicles do not of the number of plies on the subject sidewall and tread is the primary safety fully comply with paragraph S8.1.11 of tires has no impact on the operational concern of these industries. In this case, Federal Motor Vehicle Safety Standard performance of the subject tires or on since the tire sidewall is marked (FMVSS) No. 108, Lamps, Reflective the safety of vehicles on which these correctly for the number of steel plies, Devices and Associated Equipment. tires are to be mounted. CTA states that this potential safety concern does not BMW has filed an appropriate report the subject tires also meet or exceed all exist. dated March 26, 2015, pursuant to 49 of the performance requirements NHTSA’s Decision: In consideration CFR part 573, Defect and specified by FMVSS No. 139. of the foregoing, NHTSA has decided Noncompliance Responsibility and (B) CTA states that they are unaware that CTA has met its burden of Reports. of any accidents or injuries that have persuasion that the noncompliance DATES: The closing date for comments occurred as a result of this described is inconsequential to motor on the petition is July 13, 2015. noncompliance. vehicle safety. Accordingly, CTA’s ADDRESSES: Interested persons are (C) CTA states that NHTSA has petition is hereby granted and CTA is invited to submit written data, views, previously granted similar petitions for exempted from the obligation of and arguments on this petition. Inconsequential Noncompliances in the providing notification of, and remedy Comments must refer to the docket and past. for the subject noncompliance. notice number cited at the beginning of CTA has additionally informed NHTSA notes that the statutory this notice and submitted by any of the NHTSA that it has corrected the subject provisions (49 U.S.C. 30118(d) and following methods: noncompliance. 30120(h)) that permit manufacturers to • Mail: Send comments by mail In summation, CTA believes that the file petitions for a determination of addressed to: U.S. Department of described noncompliance of the subject inconsequentiality allow NHTSA to Transportation, Docket Operations, M– tires is inconsequential to motor vehicle exempt manufacturers only from the 30, West Building Ground Floor, Room safety, and that its petition, to exempt duties found in sections 30118 and W12–140, 1200 New Jersey Avenue SE., CTA from providing recall notification 30120, respectively, to notify owners, Washington, DC 20590. of noncompliance as required by 49 purchasers, and dealers of a defect or U.S.C. 30118 and remedying the recall • Hand Deliver: Deliver comments by noncompliance and to remedy the hand to: U.S. Department of noncompliance as required by 49 U.S.C. defect or noncompliance. Therefore, this 30120 should be granted. Transportation, Docket Operations, M– decision only applies to the subject tires 30, West Building Ground Floor, Room NHTSA’s Decision that CTA no longer controlled at the W12–140, 1200 New Jersey Avenue SE., NHTSA’s Analysis of CTA’s time it determined that the Washington, DC 20590. The Docket Arguments: The agency agrees with noncompliance existed. However, the Section is open on weekdays from 10 CTA that the noncompliance is granting of this petition does not relieve a.m. to 5 p.m. except Federal Holidays. inconsequential to motor vehicle safety. tire distributors and dealers of the • Electronically: Submit comments The agency believes that the true prohibitions on the sale, offer for sale, electronically by: logging onto the measure of inconsequentiality to motor or introduction or delivery for Federal Docket Management System vehicle safety in this case is that there introduction into interstate commerce of (FDMS) Web site at http:// is no effect of the noncompliance on the the noncompliant tires under their www.regulations.gov/. Follow the online operational safety of the vehicles on control after CTA notified them that the instructions for submitting comments. which these tires are mounted. The subject noncompliance existed. Comments may also be faxed to (202) safety of people working in the tire Authority: (49 U.S.C. 30118, 30120: 493–2251. retread, repair and recycling industries Delegations of authority at 49 CFR 1.95 and Comments must be written in the must also be considered. 501.8). English language, and be no greater than Although tire construction affects the Jeffrey Giuseppe, 15 pages in length, although there is no strength and durability, neither the Director, Office of Vehicle Safety Compliance. limit to the length of necessary agency nor the tire industry provides attachments to the comments. If [FR Doc. 2015–14252 Filed 6–10–15; 8:45 am] information relating tire strength and comments are submitted in hard copy durability to the number of plies and BILLING CODE 4910–59–P form, please ensure that two copies are types of ply cord material to the tread provided. If you wish to receive and sidewall. Therefore, tire dealers and DEPARTMENT OF TRANSPORTATION confirmation that your comments were customers should consider the tire received, please enclose a stamped, self- construction information along with National Highway Traffic Safety addressed postcard with the comments. other information such as load capacity, Administration Note that all comments received will be maximum inflation pressure, and tread posted without change to http:// wear, temperature, and traction ratings, [Docket No. NHTSA–2015–0040; Notice 1] www.regulations.gov, including any to assess performance capabilities of BMW of North America, LLC, Receipt personal information provided. various tires. In the agency’s judgement, of Petition for Decision of Documents submitted to a docket may the incorrect labeling of the tire Inconsequential Noncompliance be viewed by anyone at the address and construction information will have an times given above. The documents may inconsequential effect on motor vehicle AGENCY: National Highway Traffic also be viewed on the Internet at safety because most consumers do not Safety Administration (NHTSA), http://www.regulations.gov by following base tire purchases or vehicle operation Department of Transportation (DOT). the online instructions for accessing the parameters on the number of plies in a ACTION: Receipt of petition. dockets. DOT’s complete Privacy Act tire. Statement is available for review in the The agency believes the SUMMARY: BMW of North America, LLC, Federal Register published on April 11, noncompliance will have no (BMW) a subsidiary of BMW AG in 2000, (65 FR 19477–78). measureable effect on the safety of tire Munich, Germany, has determined that The petition, supporting materials, retread, repair and recycling industries. certain model year (MY) 2013 BMW 5 and all comments received before the
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close of business on the closing date BMW provided the graph to illustrate DEPARTMENT OF TRANSPORTATION indicated below will be filed and will be that even with parameters representing considered. All comments and a ‘‘worst-case scenario,’’ sufficient National Highway Traffic Safety supporting materials received after the visibility of the rear reflex reflectors of Administration closing date will also be filed and will the affected vehicles exists. [Docket No. NHTSA–2015–0041; Notice 1] be considered to the extent possible. BMW stated that it has not received When the petition is granted or denied, Tireco, Inc., Receipt of Petition for notice of the decision will be published any contacts from vehicle owners or other road users regarding issues related Decision of Inconsequential in the Federal Register pursuant to the Noncompliance authority indicated below. to the subject noncompliance and is also SUPPLEMENTARY INFORMATION: not aware of any accidents or injuries AGENCY: National Highway Traffic that have occurred as a result of this Safety Administration (NHTSA), I. BMW’s Petition issue. Department of Transportation (DOT). Pursuant to 49 U.S.C. 30118(d) and BMW has additionally informed ACTION: Receipt of petition. 30120(h) (see implementing rule at 49 NHTSA that it has corrected the CFR part 556), BMW submitted a noncompliance so that subsequent SUMMARY: Tireco, Inc., (Tireco) has petition for an exemption from the vehicle production will conform to determined that certain Tireco notification and remedy requirements of paragraph 8.1.11 of FMVSS No. 108. replacement tires do not fully comply 49 U.S.C. Chapter 301 on the basis that with paragraph S6.5(b) of Federal Motor this noncompliance is inconsequential In summation, BMW believes that the Vehicle Safety Standard (FMVSS) No. to motor vehicle safety. described noncompliance of the subject 119, New Pneumatic Tires for Motor This notice of receipt of BMW’s vehicles is inconsequential to motor Vehicles with a GVWR of More than petition is published under 49 U.S.C. vehicle safety, and that its petition, to 4,536 Kilograms (10,000 pounds) and 30118 and 30120 and does not represent exempt BMW from providing recall Motorcycles. Tireco has filed an any agency decision or other exercise of notification of noncompliance as appropriate report dated March 30, judgment concerning the merits of the required by 49 U.S.C. 30118 and 2015, pursuant to 49 CFR part 573, petition. remedying the recall noncompliance as Defect and Noncompliance II. Vehicles Involved required by 49 U.S.C. 30120 should be Responsibility and Reports. granted. DATES: Affected are approximately 13,899 The closing date for comments MY 2013 BMW 5 Series sedan passenger NHTSA notes that the statutory on the petition is July 13, 2015. cars manufactured between January 30, provisions (49 U.S.C. 30118(d) and ADDRESSES: Interested persons are 2013 and June 28, 2013. 30120(h)) that permit manufacturers to invited to submit written data, views, file petitions for a determination of and arguments on this petition. III. Noncompliance inconsequentiality allow NHTSA to Comments must refer to the docket and BMW explains that the exempt manufacturers only from the notice number cited at the beginning of noncompliance is that some of the rear duties found in sections 30118 and this notice and submitted by any of the reflex reflectors on the affected vehicles 30120, respectively, to notify owners, following methods: • do not fully conform to the minimum purchasers, and dealers of a defect or Mail: Send comments by mail photometry performance required by noncompliance and to remedy the addressed to: U.S. Department of paragraph S8.1.11 of FMVSS No. 108. defect or noncompliance. Therefore, any Transportation, Docket Operations, M– 30, West Building Ground Floor, Room IV. Rule Text decision on this petition only applies to W12–140, 1200 New Jersey Avenue SE., the subject vehicles that BMW no longer Paragraph S8.1.11 of FMVSS No. 108 Washington, DC 20590. controlled at the time it determined that requires in pertinent part: • Hand Deliver: Deliver comments by the noncompliance existed. However, S8.1.11 Photometry. Each reflex reflector hand to: U.S. Department of must be designed to conform to the any decision on this petition does not Transportation, Docket Operations, M– photometry requirements of Table XVI–a relieve vehicle distributors and dealers 30, West Building Ground Floor, Room when tested according to the procedure of of the prohibitions on the sale, offer for W12–140, 1200 New Jersey Avenue SE., S14.2.3 for the reflex reflector color as sale, or introduction or delivery for specified by this section. Washington, DC 20590. The Docket introduction into interstate commerce of Section is open on weekdays from 10 V. Summary of BMW’s Analyses the noncompliant vehicles under their a.m. to 5 p.m. except Federal Holidays. BMW used Ricco’s Law to determine control after BMW notified them that • Electronically: Submit comments a minimum required reflection the subject noncompliance existed. electronically by: logging onto the coefficient in its analysis. BMW chose Authority: (49 U.S.C. 30118, 30120: Federal Docket Management System Ricco’s Law because they believe it best Delegations of authority at 49 CFR 1.95 and (FDMS) Web site at http:// corresponds to the human physiological 501.8). www.regulations.gov/. Follow the online condition in which a light source of a instructions for submitting comments. given size and intensity is minimally Jeffrey Giuseppe, Comments may also be faxed to (202) capable (i.e. illumination threshold) of Director, Office of Vehicle Safety Compliance. 493–2251. producing visual perception. [FR Doc. 2015–14254 Filed 6–10–15; 8:45 am] Comments must be written in the As such, BMW created a graph BILLING CODE 4910–59–P English language, and be no greater than whereby the y-axis represented the 15 pages in length, although there is no reflection coefficient in units consistent limit to the length of necessary with FMVSS No. 108. While the x-axis attachments to the comments. If represented the distance between two comments are submitted in hard copy vehicles in order to simulate the form, please ensure that two copies are condition of an approaching vehicle and provided. If you wish to receive a parked or stopped vehicle. confirmation that your comments were
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received, please enclose a stamped, self- markings shall be placed between the In summation, Tireco believes that the addressed postcard with the comments. maximum section width (exclusive of described noncompliance of the subject Note that all comments received will be sidewall decorations or curb ribs) and the tires is inconsequential to motor vehicle posted without change to http:// bead on at least one sidewall, unless the safety, and that its petition, to exempt maximum section width of the tire is located www.regulations.gov, including any in an area which is not more than one-fourth Tireco from providing recall notification personal information provided. of the distance from the bead to the shoulder of noncompliance as required by 49 Documents submitted to a docket may of the tire. If the maximum section width U.S.C. 30118 and remedying the recall be viewed by anyone at the address and falls within that area, the markings shall noncompliance as required by 49 U.S.C. times given above. The documents may appear between the bead and a point one-half 30120 should be granted. also be viewed on the Internet at http:// the distance from the bead to the shoulder of NHTSA notes that the statutory www.regulations.gov by following the the tire, on at least one sidewall. The provisions (49 U.S.C. 30118(d) and online instructions for accessing the markings shall be in letters and numerals not 30120(h)) that permit manufacturers to dockets. DOT’s complete Privacy Act less than 2 mm (0.078 inch) high and raised file petitions for a determination of above or sunk below the tire surface not less inconsequentiality allow NHTSA to Statement is available for review in the than 0.4 mm (0.015 inch), except that the Federal Register published on April 11, marking depth shall be not less than 0.25mm exempt manufacturers only from the 2000, (65 FR 19477–78). (0.010 inch) in the case of motorcycle tires. duties found in sections 30118 and The petition, supporting materials, The tire identification and the DOT symbol 30120, respectively, to notify owners, and all comments received before the labeling shall comply with part 574 of this purchasers, and dealers of a defect or close of business on the closing date chapter. Markings may appear on only one noncompliance and to remedy the indicated below will be filed and will be sidewall and the entire sidewall area may be defect or noncompliance. Therefore, any considered. All comments and used in the case of motorcycle tires and decision on this petition only applies to supporting materials received after the recreational, boat, baggage, and special trailer the subject tires that Tireco no longer tires . . . controlled at the time it determined that closing date will also be filed and will (b) The tire identification number required be considered to the extent possible. by part 574 of this chapter. This number may the noncompliance existed. However, When the petition is granted or denied, be marked on only one sidewall. any decision on this petition does not notice of the decision will be published relieve tire distributors and dealers of V. Summary of TIRECO’s Analyses: in the Federal Register pursuant to the the prohibitions on the sale, offer for Tireco state its belief that the subject authority indicated below. sale, or introduction or delivery for noncompliance is inconsequential to introduction into interstate commerce of SUPPLEMENTARY INFORMATION: motor vehicle safety for the following I. Tireco’s Petition: Pursuant to 49 the noncompliant tires under their reasons: control after Tireco notified them that U.S.C. 30118(d) and 30120(h) (see (A) Tireco believes that the absence of the subject noncompliance existed. implementing rule at 49 CFR part 556), the tire size code from the TIN has no Tireco submitted a petition for an impact on the operational performance Authority: (49 U.S.C. 30118, 30120: exemption from the notification and of the subject tires or on the safety of Delegations of authority at 49 CFR 1.95 and remedy requirements of 49 U.S.C. vehicles on which the subject tires are 501.8). Chapter 301 on the basis that this mounted because the subject tires meet Jeffrey Giuseppe, noncompliance is inconsequential to or exceed all of the applicable Director, Office of Vehicle Safety Compliance. motor vehicle safety. performance requirements specified by This notice of receipt of Tireco’s [FR Doc. 2015–14256 Filed 6–10–15; 8:45 am] FMVSS No. 119. BILLING CODE 4910–59–P petition is published under 49 U.S.C. (B) Tireco states that even though the 30118 and 30120 and does not represent size code is absent from the TIN, the tire any agency decision or other exercise of size information is readily available to DEPARTMENT OF TRANSPORTATION judgment concerning the merits of the consumers in a more understandable petition. way by virtue of the actual tire size National Highway Traffic Safety II. Tires Involved: Affected are marking on the sidewalls. Administration approximately 1,600 Tireco brand (C) Tireco also states that in the Power King Traction size 8.25–20E/10, unlikely event that any of the subject [Docket No. NHTSA–2014–0125; Notice 1] Power King Traction size 9.00–20 E/10, tires are ever found to contain a defect General Motors, LLC, Receipt of Milestar Traction size 8.25–20 E/10, and or a substantive noncompliance that Petition for Decision of Milestar Traction size 9.00–20 E/10 would warrant a recall, the recalled tires Inconsequential Noncompliance replacement tires. These tires were could be adequately identified through manufactured between March 1, 2014 the partial [T]IN that is stamped on the AGENCY: National Highway Traffic and March 22, 2015. sidewall. Safety Administration (NHTSA), III. Noncompliance: Tireco explains (D) Tireco referenced Department of Transportation (DOT). that the noncompliance is that the Tire inconsequentiality petitions NHTSA has ACTION: Receipt of petition. Information Numbers (TINs) required to previously granted in the past that have be marked on the tire sidewalls by addressed what it believes are similar SUMMARY: General Motors, LLC, (GM) paragraph S6.5(b) of FMVSS No. 119 are issues. has determined that certain model year incomplete because they do not include Tireco is not aware of any crashes, (MY) 2015 GMC multipurpose the tire size codes required by 49 CFR injuries, customer complaints, or field passenger vehicles (MPV) do not fully part 574.5(b). reports associated with the subject comply with paragraph S7.8.5 of IV. Rule Text: Paragraph S6.5 of noncompliance. Federal Motor Vehicle Safety Standard FMVSS No. 119 requires in pertinent Tireco has additionally informed (FMVSS) No. 108, Lamps, Reflective part: NHTSA that the fabricating Devices and Associated Equipment. GM S6.5 Tire Markings. Except as specified in manufacturer has corrected the molds at has filed an appropriate report dated this paragraph, each tire shall be marked on the manufacturing plant so that no November 5, 2014, pursuant to 49 CFR each sidewall with the information in additional tires will be manufactured part 573, Defect and Noncompliance paragraph (a) through (j) of this section. The with the noncompliance. Responsibility and Reports.
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DATES: The closing date for comments SUPPLEMENTARY INFORMATION: operation, so there is very little need for on the petition is July 13, 2015. I. GM’s Petition: Pursuant to 49 U.S.C. drivers to ever manually operate their ADDRESSES: Interested persons are 30118(d) and 30120(h) (see vehicle’s master lighting control. But invited to submit written data, views, implementing rule at 49 CFR part 556), even if a driver were inclined to do so, and arguments on this petition. GM submitted a petition for an rapidly cycling a vehicle’s master Comments must refer to the docket and exemption from the notification and lighting control from ‘‘AUTO’’ to notice number cited at the beginning of remedy requirements of 49 U.S.C. parking lamp (or headlamp) back to this notice and submitted by any of the Chapter 301 on the basis that this ‘‘AUTO’’ and back to parking lamp (or following methods: noncompliance is inconsequential to headlamp) in less than a second is a • Mail: Send comments by mail motor vehicle safety. highly unusual maneuver that few (if addressed to: U.S. Department of This notice of receipt of GM’s petition any) drivers would ever attempt during Transportation, Docket Operations, M– is published under 49 U.S.C. 30118 and normal vehicle operation. 30, West Building Ground Floor, Room 30120 and does not represent any (C) GM additionally explained that W12–140, 1200 New Jersey Avenue SE., agency decision or other exercise of the condition is short-lived and that if Washington, DC 20590. judgment concerning the merits of the the condition does occur any of the • Hand Deliver: Deliver comments by petition. following routine operations will II. Vehicles Involved: Affected are automatically correct the condition: hand to: U.S. Department of • Transportation, Docket Operations, M– approximately 51,616 MY 2015 GMC Cycling the vehicle’s ignition on 30, West Building Ground Floor, Room Yukon, Yukon Denali, Yukon XL, and and off with the master lighting control Yukon XL Denali MPVs manufactured in auto mode. W12–140, 1200 New Jersey Avenue SE., • Washington, DC 20590. The Docket between September 19, 2013 and Turning the ignition off with the Section is open on weekdays from 10 October 10, 2014. See GM’s petition for master lighting control in any mode a.m. to 5 p.m. except Federal Holidays. additional details. other than auto, and then turning the III. Noncompliance: GM explains that • Electronically: Submit comments ignition back on after a minimum of ten the noncompliance is that under certain electronically by: logging onto the minutes. conditions the parking lamps on the • Cycling the master lighting control Federal Docket Management System subject vehicles fail to meet the device to off and then back to any on position. (FDMS) Web site at http:// activation requirements of paragraph • If the vehicle is in DRL mode, www.regulations.gov/. Follow the online S7.8.5 of FMVSS No. 108. activating both turn signals, or shifting instructions for submitting comments. IV. Rule Text: Paragraph S7.8.5 of the transmission in and out of ‘‘PARK.’’ Comments may also be faxed to (202) FMVSS No. 108, as detailed in Table I– (D) GM mentions that while the 493–2251. a, requires in pertinent part that the condition affects the parking lamps and Comments must be written in the activation of parking lamps must be DRL’s it does not affect the operation of English language, and be no greater than ‘‘Steady burning. Must be activated the vehicle’s other lamps. 15 pages in length, although there is no when the headlamps are activated in a (E) GM also cited a previous petition limit to the length of necessary steady burning state.’’ that NHTSA granted dealing with a attachments to the comments. If V. Summary of GM’s Analyses: GM noncompliance that GM believes is comments are submitted in hard copy stated its belief that the subject similar to the noncompliance that is the form, please ensure that two copies are noncompliance is inconsequential to subject of its petition. provided. If you wish to receive motor vehicle safety for the following GM is not aware of any field incidents confirmation that your comments were reasons: or warranty claims relating to the received, please enclose a stamped, self- (A) GM explains that the condition is subject noncompliance. addressed postcard with the comments. difficult to create even in laboratory GM has additionally informed Note that all comments received will be settings, let alone real-world driving NHTSA that it corrected the posted without change to http:// conditions. GM also stated that they noncompliance in subsequent www.regulations.gov, including any were only able to duplicate the production of the subject vehicles. personal information provided. condition under the following In summation, GM believes that the Documents submitted to a docket may circumstances: described noncompliance of the subject be viewed by anyone at the address and • The vehicle is being operated vehicles is inconsequential to motor times given above. The documents may during the daytime with the master vehicle safety, and that its petition, to also be viewed on the Internet at lighting switch in ‘‘AUTO’’ mode. exempt GM from providing recall http://www.regulations.gov by following • The transmission is not in ‘‘Park.’’ notification of noncompliance as the online instructions for accessing the • Three or more high-inrush current required by 49 U.S.C. 30118 and dockets. DOT’s complete Privacy Act spikes that exceed the body control remedying the recall noncompliance as Statement is available for review in the module (BCM) inrush current threshold required by 49 U.S.C. 30120 should be Federal Register published on April 11, occur on the parking lamp/DRL circuit granted. 2000, (65 FR 19477–78). within a period of 0.625 seconds. While NHTSA notes that the statutory The petition, supporting materials, there may be other methods for provisions (49 U.S.C. 30118(d) and and all comments received before the triggering these spikes (e.g., a service 30120(h)) that permit manufacturers to close of business on the closing date event), GM has only been able to isolate file petitions for a determination of indicated below will be filed and will be one cause: Manually moving the master inconsequentiality allow NHTSA to considered. All comments and lighting control from ‘‘AUTO’’ to exempt manufacturers only from the supporting materials received after the parking lamp (or headlamp), back to duties found in sections 30118 and closing date will also be filed and will ‘‘AUTO’’ and back to parking lamp (or 30120, respectively, to notify owners, be considered to the extent possible. headlamp) within 0.625 seconds. purchasers, and dealers of a defect or When the petition is granted or denied, (B) GM believes that drivers are noncompliance and to remedy the notice of the decision will be published unlikely to cause these spikes during defect or noncompliance. Therefore, any in the Federal Register pursuant to the real-world driving. The subject vehicles decision on this petition only applies to authority indicated below. are equipped with automatic-headlamp the subject vehicles that GM no longer
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controlled at the time it determined that W12–140, 1200 New Jersey Avenue SE., trailer replacement tires manufactured the noncompliance existed. However, Washington, DC 20590. The Docket between March 22, 2015 and April 9, any decision on this petition does not Section is open on weekdays from 10 2015. relieve vehicle distributors and dealers a.m. to 5 p.m. except Federal Holidays. III. Noncompliance: Goodyear of the prohibitions on the sale, offer for • Electronically: Submit comments explains that because the sidewall sale, or introduction or delivery for electronically by: Logging onto the markings on the reference side of the introduction into interstate commerce of Federal Docket Management System subject tires incorrectly identify the the noncompliant vehicles under their (FDMS) Web site at http:// number of plies as ‘‘4 Plies Steel Cord’’ control after GM notified them that the www.regulations.gov/. Follow the online instead of the actual number ‘‘5 Plies subject noncompliance existed. instructions for submitting comments. Steel Cord,’’ the tires do not meet the Authority: (49 U.S.C. 30118, 30120: Comments may also be faxed to (202) requirements of paragraph S6.5(f) of Delegations of authority at 49 CFR 1.95 and 493–2251. FMVSS No. 119. 501.8). Comments must be written in the IV. Rule Text: Paragraph S6.5 of English language, and be no greater than FMVSS No. 119 requires in pertinent Jeffrey Giuseppe, 15 pages in length, although there is no part: Director, Office of Vehicle Safety Compliance. limit to the length of necessary S6.5 Tire Markings. Except as specified in [FR Doc. 2015–14255 Filed 6–10–15; 8:45 am] attachments to the comments. If paragraphs, each tire shall be marked on each BILLING CODE 4910–59–P comments are submitted in hard copy sidewall with the information specified in form, please ensure that two copies are paragraphs (a) through (j) of this section . . . provided. If you wish to receive (f) The actual number of plies and the DEPARTMENT OF TRANSPORTATION confirmation that your comments were composition of the ply cord material in the sidewall and, if different, in the tread area; National Highway Traffic Safety received, please enclose a stamped, self- Administration addressed postcard with the comments. V. Summary of Goodyear’s Analyses: Note that all comments received will be Goodyear stated its belief that the [Docket No. NHTSA–2015–0052; Notice 1] posted without change to http:// subject noncompliance is www.regulations.gov, including any inconsequential to motor vehicle safety Goodyear Tire & Rubber Company, personal information provided. for the following reasons: Receipt of Petition for Decision of Documents submitted to a docket may Inconsequential Noncompliance (A) Goodyear stated that the subject tires be viewed by anyone at the address and were manufactured as designed and meet or AGENCY: National Highway Traffic times given above. The documents may exceed all applicable FMVSS performance Safety Administration (NHTSA), also be viewed on the Internet at standards. Department of Transportation (DOT). http://www.regulations.gov by following (B) Goodyear also stated that all of the sidewall markings related to tire service (load ACTION: Receipt of petition. the online instructions for accessing the dockets. DOT’s complete Privacy Act capacity, corresponding inflation pressure, SUMMARY: Goodyear Tire & Rubber Statement is available for review in the etc.) are correct. Company (Goodyear), has determined Federal Register published on April 11, (C) Goodyear believes that the mislabeling of the subject tires is not a safety concern and that certain Goodyear G316 LHT 2000, (65 FR 19477–78). also has no impact on the retreading, commercial truck trailer replacement The petition, supporting materials, repairing, and recycling industries. tires do not fully comply with paragraph and all comments received before the (D) Goodyear also pointed out that NHTSA S6.5(f) of Federal Motor Vehicle Safety close of business on the closing date has previously granted petitions for non- Standard (FMVSS) No. 119, New indicated below will be filed and will be compliances in sidewall marking that it Pneumatic Radial Tires for motor considered. All comments and believes are similar to its petition. vehicles with a GVWR of more than supporting materials received after the Goodyear additionally informed 4,536 Kilograms (10,000 pounds) and closing date will also be filed and will NHTSA that the molds at the Motorcycles. Goodyear has filed an be considered to the extent possible. manufacturing plant have been appropriate report dated April 27, 2015, When the petition is granted or denied, corrected so that no additional tires will pursuant to 49 CFR part 573, Defect and notice of the decision will be published be manufactured or sold with the Noncompliance Responsibility and in the Federal Register pursuant to the noncompliance. Reports. authority indicated below. In summation, Goodyear believes that DATES: The closing date for comments SUPPLEMENTARY INFORMATION: the described noncompliance of the on the petition is July 13, 2015. I. Goodyear’s Petition: Pursuant to 49 subject tires is inconsequential to motor ADDRESSES: Interested persons are U.S.C. 30118(d) and 30120(h) (see vehicle safety, and that its petition, to invited to submit written data, views, implementing rule at 49 CFR part 556), exempt Goodyear from providing recall and arguments on this petition. Goodyear submitted a petition for an notification of noncompliance as Comments must refer to the docket and exemption from the notification and required by 49 U.S.C. 30118 and notice number cited at the beginning of remedy requirements of 49 U.S.C. remedying the recall noncompliance as this notice and submitted by any of the Chapter 301 on the basis that this required by 49 U.S.C. 30120 should be following methods: noncompliance is inconsequential to granted. • Mail: Send comments by mail motor vehicle safety. NHTSA notes that the statutory addressed to: U.S. Department of This notice of receipt of Goodyear’s provisions (49 U.S.C. 30118(d) and Transportation, Docket Operations, M– petition is published under 49 U.S.C. 30120(h)) that permit manufacturers to 30, West Building Ground Floor, Room 30118 and 30120 and does not represent file petitions for a determination of W12–140, 1200 New Jersey Avenue SE., any agency decision or other exercise of inconsequentiality allow NHTSA to Washington, DC 20590. judgment concerning the merits of the exempt manufacturers only from the • Hand Deliver: Deliver comments by petition. duties found in sections 30118 and hand to: U.S. Department of II. Tires Involved: Affected are 30120, respectively, to notify owners, Transportation, Docket Operations, M– approximately 79 Goodyear G316 LHT purchasers, and dealers of a defect or 30, West Building Ground Floor, Room size 295/75R22.5 commercial truck noncompliance and to remedy the
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defect or noncompliance. Therefore, any M–30, West Building Ground Floor, II. Vehicles Involved decision on this petition only applies to Room W12–140, 1200 New Jersey Affected are approximately 1,366 MY the subject tires that Goodyear no longer Avenue SE., Washington, DC 20590. 2012–2015 McLaren MP4 12–C Spider controlled at the time it determined that The Docket Section is open on and Coupe passenger vehicles the noncompliance existed. However, weekdays from 10 a.m. to 5 p.m. except manufactured from October 10, 2011 any decision on this petition does not Federal Holidays. through February 18, 2014. relieve equipment distributors and • Electronically: Submit comments dealers of the prohibitions on the sale, electronically by: Logging onto the III. Noncompliance offer for sale, or introduction or delivery Federal Docket Management System McLaren explains that the Tire for introduction into interstate (FDMS) Web site at http:// Pressure Monitoring System (TPMS) commerce of the noncompliant tires www.regulations.gov/. Follow the online malfunction indicator illuminates as under their control after Goodyear instructions for submitting comments. required by FMVSS No. 138 when a notified them that the subject Comments may also be faxed to (202) malfunction is first detected, however, if noncompliance existed. 493–2251. the malfunction is caused by an Comments must be written in the incompatible wheel, when the vehicle Authority: 49 U.S.C. 30118, 30120: English language, and be no greater than Delegations of authority at 49 CFR 1.95 and ignition is deactivated and then 501.8. 15 pages in length, although there is no reactivated to the ‘‘On’’ (‘‘Run’’) limit to the length of necessary position after a five-minute period, the Jeffrey Giuseppe, attachments to the comments. If malfunction indicator does not re- Director, Office of Vehicle Safety Compliance. comments are submitted in hard copy illuminate immediately as required. form, please ensure that two copies are [FR Doc. 2015–14257 Filed 6–10–15; 8:45 am] McLaren added, that the malfunction provided. If you wish to receive BILLING CODE 4910–59–P indicator in the subject vehicles will re- confirmation that your comments were illuminate after a maximum of 40 received, please enclose a stamped, self- seconds of driving at or above 23 mph. DEPARTMENT OF TRANSPORTATION addressed postcard with the comments. Note that all comments received will be Rule Text National Highway Traffic Safety posted without change to http:// Paragraph S4.4(c)(2) of FMVSS No. Administration www.regulations.gov, including any 138 requires in pertinent part: [Docket No. NHTSA–2014–0035; Notice 1] personal information provided. Documents submitted to a docket may S4.4—TPMS Malfunction. be viewed by anyone at the address and (c) Combination low tire pressure/TPMS McLaren Automotive, Inc., Receipt of malfunction telltale. The vehicle meets the Petition for Decision of times given above. The documents may requirements of S4.4(a) when equipped with Inconsequential Noncompliance also be viewed on the Internet at a combined Low Tire Pressure/TPMS http://www.regulations.gov by following malfunction telltale that: AGENCY: National Highway Traffic the online instructions for accessing the (2) Flashes for a period of at least 60 Safety Administration (NHTSA), dockets. DOT’s complete Privacy Act seconds but no longer than 90 seconds upon Department of Transportation (DOT). Statement is available for review in the detection of any condition specified in ACTION: Receipt of petition. Federal Register published on April 11, S4.4(a) after the ignition locking system is 2000, (65 FR 19477–78). activated to the ‘‘On’’ (‘‘Run’’) position. After SUMMARY: McLaren Automotive, Inc. each period of prescribed flashing, the The petition, supporting materials, telltale must remain continuously ‘‘McLaren’’ has determined that certain and all comments received before the MY 2012–2015 McLaren MP4 12–C illuminated as long as a malfunction exists close of business on the closing date and the ignition locking system is in the Spider and Coupe passenger vehicles do indicated below will be filed and will be ‘‘On’’ (‘‘Run’’) position. This flashing and not fully comply with paragraph considered. All comments and illumination sequence must be repeated each S4.4(c)(2), of Federal Motor Vehicle supporting materials received after the time the ignition locking system is placed in Safety Standard (FMVSS) No. 138, Tire closing date will also be filed and will the ‘‘On’’ (‘‘Run’’) position until the situation Pressure Monitoring Systems. McLaren be considered to the extent possible. causing the malfunction has been corrected . . . has filed an appropriate report dated When the petition is granted or denied, February 18, 2014, pursuant to 49 CFR notice of the decision will be published V. Summary of McLaren’s Analyses part 573, Defect and Noncompliance in the Federal Register pursuant to the Responsibility and Reports. McLaren stated its belief that the authority indicated below. subject noncompliance is DATES: The closing date for comments SUPPLEMENTARY INFORMATION: inconsequential to motor vehicle safety on the petition is July 13, 2015. for the following reasons: ADDRESSES: Interested persons are I. McLaren’s Petition invited to submit written data, views, Pursuant to 49 U.S.C. 30118(d) and (A) McLaren states that although the 30120(h) and the rule implementing noncompliance arises because the and arguments on this petition. malfunction indicator does not re-illuminate Comments must refer to the docket and those provisions at 49 CFR part 556, immediately after the vehicle is restarted, the notice number cited at the beginning of McLaren submitted a petition for an unit will detect a malfunction and activate this notice and submitted by any of the exemption from the notification and the TPMS malfunction indicator once the following methods: remedy requirements of 49 U.S.C. vehicle is moving above 23 mph for a • Mail: Send comments by mail Chapter 301 on the basis that this maximum of 40 seconds and will remain addressed to: U.S. Department of noncompliance is inconsequential to illuminated for the rest of that ignition cycle, Transportation, Docket Operations, motor vehicle safety. and subsequent ignition cycles. Thus, even in M–30, West Building Ground Floor, This notice of receipt of McLaren’s the presence of the noncompliance, drivers petition is published under 49 U.S.C. are warned of the malfunction in less than Room W12–140, 1200 New Jersey one minute of driving at or above normal Avenue SE., Washington, DC 20590. 30118 and 30120 and does not represent • urban speeds. McLaren submits that this brief Hand Deliver: Deliver comments by any agency decision or other exercise of pause before the malfunction indicator hand to: U.S. Department of judgment concerning the merits of the illuminates is inconsequential to motor Transportation, Docket Operations, petition. vehicle safety.
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(B) McLaren also states that if the TPMS DEPARTMENT OF THE TREASURY and Herzegovina; Filipa Kljajica Str 6, fails to detect a compatible sensor, the TPMS Zvornik, Republika Srpska, Bosnia and indicator on the instrument cluster will Office of Foreign Assets Control Herzegovina; 9/11 Str Zagrebacka, display no value for the tire pressure at the Belgrade 11000, Serbia; SWIFT/BIC affected wheel(s). This will also alert the Unblocking of One Entity and One PRSS BA 22 [BALKANS]. driver to the fact that something is not Individual Pursuant to Executive Order OFAC, in consultation with the functioning properly with the system, 13219, as Amended Department of State, has determined pending the illumination of the malfunction AGENCY: Office of Foreign Assets that circumstances no longer warrant indicator. Control, Treasury. inclusion of the following individual on (C) McLaren further states that with the OFAC’s SDN List and that this ACTION: Notice. exception of the subject noncompliance, all individual will no longer be covered other aspects of the malfunction indicator SUMMARY: The U.S. Department of the within the scope of the sanctions set and of the TPMS in general, are compliant Treasury’s Office of Foreign Assets forth in E.O. 13219, as amended by E.O. with FMVSS No. 138. Control (OFAC) is publishing the name 13304: (D) McLaren confirms that it has received of one entity and one individual whose Individual: VRACAR, Milenko, Bosnia no customer complaints about this condition. property and interests in property are and Herzegovina; DOB 15 May 1956; POB Nisavici, Prijedor, Bosnia- McLaren has additionally informed being unblocked pursuant to Executive Order (E.O.) 13219 of June 26, 2001, as Herzegovina (individual) [BALKANS]. NHTSA that they have corrected this The removal of the entity and noncompliance in all vehicles amended by E.O. 13304 of May 28, 2003. individual listed above from the SDN manufactured after February 18, 2014. List is effective as of June 11, 2015. All DATES: In summation, McLaren believes that The unblocking of property and property and interests in property of interests in property and the removal of the described noncompliance of the these persons that are in or hereafter the entity and individual identified in subject vehicles is inconsequential to come within the United States or the this Notice from the List of Specially motor vehicle safety, and that its possession or control of a United States Designated Nationals and Blocked petition, to exempt McLaren from person are no longer blocked pursuant Persons (SDN List) is effective on June to E.O. 13219, as amended by E.O. providing recall notification of 11, 2015. noncompliance as required by 49 U.S.C. 13304. FOR FURTHER INFORMATION CONTACT: Dated: June 4, 2015. 30118 and remedying the recall Assistant Director, Compliance John E. Smith, noncompliance as required by 49 U.S.C. Outreach & Implementation, Office of 30120 should be granted. Foreign Assets Control, Department of Acting Director, Office of Foreign Assets Control. NHTSA notes that the statutory the Treasury, Washington, DC 20220, provisions (49 U.S.C. 30118(d) and tel.: 202/622–2490. [FR Doc. 2015–14178 Filed 6–10–15; 8:45 am] BILLING CODE 4810–AL–P 30120(h)) that permit manufacturers to SUPPLEMENTARY INFORMATION: file petitions for a determination of Electronic and Facsimile Availability inconsequentiality allow NHTSA to DEPARTMENT OF THE TREASURY exempt manufacturers only from the The SDN List and additional duties found in sections 30118 and information concerning OFAC sanctions Submission for OMB Review; 30120, respectively, to notify owners, programs are available on OFAC’s Web Comment Request purchasers, and dealers of a defect or site (www.treasury.gov/ofac). Certain AGENCY: Department of the Treasury. noncompliance and to remedy the general information pertaining to ACTION: Notice. defect or noncompliance. Therefore, any OFAC’s sanctions programs is also available via facsimile through a 24- decision on this petition only applies to The Department of the Treasury will hour fax-on-demand service, tel.: 202/ the subject vehicles that McLaren no submit the following information 622–0077. longer controlled at the time it collection request to the Office of determined that the noncompliance Notice of OFAC Actions Management and Budget (OMB) for existed. However, any decision on this OFAC, in consultation with the review and clearance in accordance petition does not relieve vehicle Department of State, has determined with the Paperwork Reduction Act of distributors and dealers of the that circumstances no longer warrant 1995, Public Law 104–13, on or after the prohibitions on the sale, offer for sale, inclusion of the following entity in the date of publication of this notice. or introduction or delivery for Annex to E.O. 13219, as amended by DATES: Comments should be received on introduction into interstate commerce of E.O. 13304, and on OFAC’s SDN List, or before July 13, 2015 to be assured of the noncompliant vehicles under their and that this entity will no longer be consideration. control after McLaren notified them that covered within the scope of the ADDRESSES: Send comments regarding the subject noncompliance existed. sanctions set forth in E.O. 13219, as the burden estimate, or any other aspect amended by E.O. 13304: of the information collection, including Authority: 49 U.S.C. 30118, 30120: Entity: PRIVREDNA BANKA suggestions for reducing the burden, to Delegations of authority at 49 CFR 1.95 and SARAJEVO AD (a.k.a. PRIVREDNA (1) Office of Information and Regulatory 501.8. BANKA AD SRPSKO SARAJEVO), Str Affairs, Office of Management and Jeffrey Giuseppe, Srpskih Ratnika br 14, 71420 Pale, Budget, Attention: Desk Officer for Director, Office of Vehicle Safety Compliance. Republika Srpska, Bosnia and Treasury, New Executive Office [FR Doc. 2015–14258 Filed 6–10–15; 8:45 am] Herzegovina; Dobroslava Jedevica 14, Building, Room 10235, Washington, DC 71000 Pale, Republika Srpska, Bosnia 20503, or email at OIRA_Submission@ BILLING CODE 4910–59–P and Herzegovina; Kralja Nikole Str 65, OMB.EOP.gov and (2) Treasury PRA Srbinje/Foca, Republika Srpska, Bosnia Clearance Officer, 1750 Pennsylvania and Herzegovina; Ljube Milanovica Str Ave. NW., Suite 8140, Washington, DC 12, Trebinje, Republika Srpska, Bosnia 20220, or email at [email protected].
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FOR FURTHER INFORMATION CONTACT: brokers in commodities to file Abstract: Regulations require Copies of the submission(s) may be suspicious activity reports. The insurance companies and non-bank obtained by emailing [email protected] administrative burden of one hour is residential mortgage lenders and or viewing the entire information assigned to maintain the regulatory originators to establish and maintain a collection request at www.reginfo.gov. requirement in force. The burden for written anti-money laundering program. actual reporting is reflected in OMB A copy of the written program must be Financial Crimes Enforcement Network Control number 1506–0065. maintained for five years. See 31 CFR (FinCEN) Affected Public: Private Sector: 1025.210 and 1029.210. OMB Number: 1506–0019. Businesses or other for-profits. Affected Public: Private Sector: Type of Review: Extension without Estimated Annual Burden Hours: 1. Businesses or other for-profits. change of a currently approved Estimated Annual Burden Hours: OMB Number: 1506–0035. collection. 32,200. Title: Suspicious Activity Report by Type of Review: Revision of a Securities and Futures Industries and 31 currently approved collection. Dated: June 8, 2015. CFR 1026.320 and 1023.320. Title: Anti-Money Laundering Dawn D. Wolfgang, Abstract: Treasury is requiring certain Programs for Insurance Companies and Treasury PRA Clearance Officer. securities broker-dealers, futures Non-Bank Residential Mortgage Lenders [FR Doc. 2015–14280 Filed 6–10–15; 8:45 am] commission merchants and introducing and Originators. BILLING CODE 4810–02–P
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Part II
Department of the Interior
Fish and Wildlife Service 50 CFR Part 32 2015–2016 Refuge-Specific Hunting and Sport Fishing Regulations; Proposed Rules
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DEPARTMENT OF THE INTERIOR Administration Act of 1966 closes the wildlife species that you may hunt NWRs in all States except Alaska to all or fish, seasons, bag or creel (container Fish and Wildlife Service uses until opened. The Secretary of the for carrying fish) limits, methods of Interior (Secretary) may open refuge hunting or sport fishing, descriptions of 50 CFR Part 32 areas to any use, including hunting and/ areas open to hunting or sport fishing, [Docket No. FWS–HQ–NWRS–2015–0029; or sport fishing, upon a determination and other provisions as appropriate. FXRS12650900000–156–FF09R20000] that such uses are compatible with the You may find previously issued refuge- purposes of the refuge and National specific regulations for hunting and RIN 1018–BA57 Wildlife Refuge System mission. The sport fishing in 50 CFR part 32. In this action also must be in accordance with rulemaking, we are also proposing to 2015–2016 Refuge-Specific Hunting provisions of all laws applicable to the standardize and clarify the language of and Sport Fishing Regulations areas, developed in coordination with existing regulations. the appropriate State fish and wildlife AGENCY: Fish and Wildlife Service, Statutory Authority Interior. agency(ies), consistent with the The National Wildlife Refuge System ACTION: Proposed rule. principles of sound fish and wildlife management and administration, and Administration Act of 1966 (16 U.S.C. SUMMARY: We, the U.S. Fish and otherwise in the public interest. These 668dd–668ee, as amended by the Wildlife Service, propose to add 1 requirements ensure that we maintain National Wildlife Refuge System national wildlife refuge (NWR or refuge) the biological integrity, diversity, and Improvement Act of 1997 [Improvement to the list of areas open for hunting, add environmental health of the Refuge Act]) (Administration Act), and the 4 NWRs to the list of areas open for System for the benefit of present and Refuge Recreation Act of 1962 (16 fishing, increase the hunting activities future generations of Americans. U.S.C. 460k–460k-4) (Recreation Act) available at 16 other NWRs, increase We annually review refuge hunting govern the administration and public fishing opportunities at 1 NWR, and add and sport fishing programs to determine use of refuges. pertinent refuge-specific regulations for whether to include additional refuges or Amendments enacted by the other NWRs that pertain to migratory whether individual refuge regulations Improvement Act built upon the game bird hunting, upland game governing existing programs need Administration Act in a manner that hunting, big game hunting, and sport modifications. Changing environmental provides an ‘‘organic act’’ for the Refuge fishing for the 2015–2016 season. conditions, State and Federal System, similar to organic acts that exist for other public Federal lands. The DATES: We will accept comments regulations, and other factors affecting Improvement Act serves to ensure that received or postmarked on or before July fish and wildlife populations and we effectively manage the Refuge 13, 2015. habitat may warrant modifications to refuge-specific regulations to ensure the System as a national network of lands, ADDRESSES: You may submit comments waters, and interests for the protection by one of the following methods: continued compatibility of hunting and • sport fishing programs and to ensure and conservation of our Nation’s Electronically: Go to the Federal wildlife resources. The Administration eRulemaking Portal: http:// that these programs will not materially interfere with or detract from the Act states first and foremost that we www.regulations.gov. Search for Docket focus our Refuge System mission on No. FWS–HQ–NWRS–2015–0029, fulfillment of refuge purposes or the Refuge System’s mission. conservation of fish, wildlife, and plant which is the docket number for this resources and their habitats. The rulemaking. On the resulting screen, Provisions governing hunting and sport fishing on refuges are in title 50 of Improvement Act requires the Secretary, find the correct document and submit a before allowing a new use of a refuge, comment by clicking on ‘‘Comment the Code of Federal Regulations in part 32 (50 CFR part 32). We regulate or before expanding, renewing, or Now!’’ extending an existing use of a refuge, to • By hard copy: Submit by U.S. mail hunting and sport fishing on refuges to: • Ensure compatibility with refuge determine that the use is compatible or hand delivery: Public Comments with the purpose for which the refuge Processing, Attn: FWS–HQ–NWRS– purpose(s); • Properly manage fish and wildlife was established and the mission of the 2015–0029, U.S. Fish and Wildlife resource(s); Refuge System. The Improvement Act Service, MS: BPHC, 5275 Leesburg Pike, • Protect other refuge values; established as the policy of the United Falls Church, VA 22041–3803. • Ensure refuge visitor safety; and States that wildlife-dependent We will not accept email or faxes. We • Provide opportunities for quality recreation, when compatible, is a will post all comments on http:// fish- and wildlife-dependent recreation. legitimate and appropriate public use of www.regulations.gov. This generally On many refuges where we decide to the Refuge System, through which the means that we will post any personal allow hunting and sport fishing, our American public can develop an information you provide us (see the general policy of adopting regulations appreciation for fish and wildlife. The Request for Comments section, below, identical to State hunting and sport Improvement Act established six for more information). For information fishing regulations is adequate in wildlife-dependent recreational uses as on specific refuges’ public use programs meeting these objectives. On other the priority general public uses of the and the conditions that apply to them or refuges, we must supplement State Refuge System. These uses are: Hunting, for copies of compatibility regulations with more-restrictive fishing, wildlife observation and determinations for any refuge(s), contact Federal regulations to ensure that we photography, and environmental individual programs at the addresses/ meet our management responsibilities, education and interpretation. phone numbers given in Available as outlined in the Statutory Authority The Recreation Act authorizes the Information for Specific Refuges under section, below. We issue refuge-specific Secretary to administer areas within the SUPPLEMENTARY INFORMATION. hunting and sport fishing regulations Refuge System for public recreation as FOR FURTHER INFORMATION CONTACT: when we open wildlife refuges to an appropriate incidental or secondary Brian Salem, (703) 358–2397. migratory game bird hunting, upland use only to the extent that doing so is SUPPLEMENTARY INFORMATION: The game hunting, big game hunting, or practicable and not inconsistent with National Wildlife Refuge System sport fishing. These regulations may list the primary purpose(s) for which
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Congress and the Service established the newly acquired refuges through an previously opened to hunting and/or areas. The Recreation Act requires that interim determination of compatibility sport fishing. We propose this to better any recreational use of refuge lands be made at or near the time of acquisition. inform the general public of the compatible with the primary purpose(s) These regulations ensure that we make regulations at each refuge, to increase for which we established the refuge and the determinations required by these understanding and compliance with not inconsistent with other previously acts prior to adding refuges to the lists these regulations, and to make authorized operations. of areas open to hunting and sport enforcement of these regulations more The Administration Act and fishing in 50 CFR part 32. We ensure efficient. In addition to now finding Recreation Act also authorize the continued compliance by the these regulations in 50 CFR part 32, Secretary to issue regulations to carry development of comprehensive visitors to our refuges may find them out the purposes of the Acts and conservation plans, specific plans, and reiterated in literature distributed by regulate uses. by annual review of hunting and sport each refuge or posted on signs. We develop specific management fishing programs and regulations. plans for each refuge prior to opening it We cross-reference a number of to hunting or sport fishing. In many Amendments to Existing Regulations existing regulations in 50 CFR parts 26, cases, we develop refuge-specific This document proposes to codify in 27, 28, and 32 to assist hunting and regulations to ensure the compatibility the Code of Federal Regulations all of sport fishing visitors with of the programs with the purpose(s) for the Service’s hunting and/or sport understanding safety and other legal which we established the refuge and the fishing regulations that we would requirements on refuges. This Refuge System mission. We ensure update since the last time we published redundancy is deliberate, with the initial compliance with the a rule amending these regulations (79 intention of improving safety and Administration Act and the Recreation FR 14809; March 17, 2014) and that are compliance in our hunting and sport Act for hunting and sport fishing on applicable at Refuge System units fishing programs.
TABLE 1—CHANGES FOR 2015–2016 HUNTING/FISHING SEASON
Refuge/Region Migratory bird Upland game (*) State hunting hunting Big game hunting Sport fishing
Ardoch NWR (6) ...... North Dakota ...... Closed ...... Closed ...... Closed ...... A. Bayou Cocodrie NWR (4) Louisiana ...... Already open ...... C ...... C/D ...... Already open. Great River NWR (3) ...... Illinois and Missouri ...... Already open ...... C ...... C ...... Already Open. Lake Alice NWR (6) ...... North Dakota ...... Already open ...... Already open ...... Already open ...... B. Merritt Island NWR (4) ..... Florida ...... Already open ...... Closed ...... B ...... Already open. Mingo NWR (3) ...... Missouri ...... Already open ...... Already open ...... D ...... Already open. Minnesota Valley NWR (3) Minnesota ...... Already open ...... D ...... Already open ...... Already open. Missisquoi NWR (5) ...... Vermont ...... C/D ...... C/D ...... C/D ...... Already open. Northern Tallgrass Prairie Iowa and Minnesota ...... C/D ...... C/D ...... C/D ...... Closed. NWR (3). Patoka River NWR and Indiana ...... C ...... C ...... C ...... C. Management Area (3). Prime Hook NWR (5) ...... Delaware ...... C ...... C/D ...... C ...... Already open. Rose Lake NWR (6) ...... North Dakota ...... Closed ...... Closed ...... Closed ...... A. Sacramento River NWR California ...... Already open ...... Already open ...... C/D ...... Already open. (8). St. Marks NWR (4) ...... Florida ...... Already open ...... C ...... C ...... Already open. Seney NWR (3) ...... Michigan ...... C ...... C ...... C ...... Already open. Silver Lake NWR (6) ...... North Dakota ...... Closed ...... Closed ...... Closed ...... A. Swan Lake NWR (3) ...... Missouri ...... C/D ...... C/D ...... C/D ...... Already open. Tualatin River NWR (1) .... Oregon ...... A ...... Closed ...... Closed ...... Closed. Two Rivers NWR (3) ...... Illinois and Missouri ...... C ...... Already Open ...... C ...... Already open. Wallkill River NWR (5) ...... New Jersey and New Already open ...... B ...... C/D ...... Already open. York. William L. Finley NWR (1) Oregon ...... Closed ...... Closed ...... D ...... Closed. Key: * number in () refers to the Region as explained in the preamble to this proposed rule for additional information regarding refuge specific regu- lations. A = New refuge opened. B = New activity on a refuge previously open to other activities. C = Refuge already open to activity, but added new lands/waters or modified areas open to hunting or fishing. D = Refuge already open to activity but added new species to hunt.
The changes for the 2015–16 hunting/ all of which were the subject of a public on Service-managed waters. You can fishing season noted in the chart above review and comment process. These find information about current fish are each based on a complete documents are available upon request. consumption advisories on the Internet administrative record which, among at: http://www.epa.gov/waterscience/ Fish Advisory other detailed documentation, also fish/. includes a hunt plan, a compatibility For health reasons, anglers should Plain Language Mandate determination, and the appropriate review and follow State-issued National Environmental Policy Act consumption advisories before enjoying In this proposed rule, we propose (NEPA; 42 U.S.C. 4321 et seq.) analysis, recreational sport fishing opportunities some of the revisions to the individual
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refuge units to comply with a them expeditiously to maximize the Regulatory Planning and Review Presidential mandate to use plain time available for public review. We (Executive Orders 12866 and 13563) language in regulations; as such, these believe that a 30-day comment period, Executive Order 12866 provides that particular revisions do not modify the through the broader publication the Office of Information and Regulatory substance of the previous regulations. following the earlier public Affairs (OIRA) will review all significant These types of changes include using involvement, gives the public sufficient rules. OIRA has determined that this ‘‘you’’ to refer to the reader and ‘‘we’’ time to comment and allows us to rule is not significant. to refer to the Refuge System, using the establish hunting and fishing programs Executive Order 13563 reaffirms the word ‘‘allow’’ instead of ‘‘permit’’ when in time for the upcoming seasons. Many principles of E.O. 12866 while calling we do not require the use of a permit for of these rules would also relieve for improvements in the nation’s an activity, and using active voice (i.e., restrictions and allow the public to regulatory system to promote ‘‘We restrict entry into the refuge’’ vs. participate in recreational activities on a predictability, to reduce uncertainty, ‘‘Entry into the refuge is restricted’’). number of refuges. In addition, in order and to use the best, most innovative, Request for Comments to continue to provide for previously and least burdensome tools for authorized hunting opportunities while achieving regulatory ends. The You may submit comment and at the same time providing for adequate materials on this proposed rule by any executive order directs agencies to resource protection, we must be timely consider regulatory approaches that one of the methods listed in the in providing modifications to certain ADDRESSES section. We will not accept reduce burdens and maintain flexibility hunting programs on some refuges. and freedom of choice for the public comments sent by email or fax or to an We considered providing a 60-day, address not listed in the ADDRESSES where these approaches are relevant, rather than a 30-day, comment period. feasible, and consistent with regulatory section. We will not consider hand- However, we determined that an delivered comments that we do not objectives. E.O. 13563 emphasizes additional 30-day delay in processing further that regulations must be based receive, or mailed comments that are these refuge-specific hunting and sport not postmarked, by the date specified in on the best available science and that fishing regulations would hinder the the rulemaking process must allow for the DATES section. effective planning and administration of We will post your entire comment on public participation and an open our hunting and sport fishing programs. exchange of ideas. We have developed http://www.regulations.gov. Before Such a delay would jeopardize enacting including personal identifying this rule in a manner consistent with amendments to hunting and sport these requirements. information in your comment, you fishing programs in time for should be aware that we may make your implementation this year and/or early Regulatory Flexibility Act entire comment—including your next year, or shorten the duration of personal identifying information— Under the Regulatory Flexibility Act these programs. (as amended by the Small Business publicly available at any time. While Even after issuance of a final rule, we you can ask us in your comment to Regulatory Enforcement Fairness Act accept comments, suggestions, and [SBREFA] of 1996) (5 U.S.C. 601 et seq.), withhold your personal identifying concerns for consideration for any information from public review, we whenever a Federal agency is required appropriate subsequent rulemaking. to publish a notice of rulemaking for cannot guarantee that we will be able to When finalized, we will incorporate do so. We will post all hardcopy any proposed or final rule, it must these regulations into 50 CFR part 32. prepare and make available for public comments on http:// Part 32 contains general provisions and www.regulations.gov. comment a regulatory flexibility refuge-specific regulations for hunting analysis that describes the effect of the Public Comment and sport fishing on refuges. rule on small entities (i.e., small Department of the Interior policy is, Clarity of This Rule businesses, small organizations, and whenever practicable, to afford the Executive Orders 12866 and 12988 small government jurisdictions). public a meaningful opportunity to and the Presidential Memorandum of However, no regulatory flexibility participate in the rulemaking process. June 1, 1998, require us to write all rules analysis is required if the head of an The process of opening refuges is done in plain language. This means that each agency certifies that the rule would not in stages, with the fundamental work rule we publish must: have a significant economic impact on being performed on the ground at the (a) Be logically organized; a substantial number of small entities. refuge and in the community where the (b) Use the active voice to address Thus, for a regulatory flexibility analysis program is administered. In these stages, readers directly; to be required, impacts must exceed a the public is given other opportunities (c) Use clear language rather than threshold for ‘‘significant impact’’ and a to comment, for example, on the jargon; threshold for a ‘‘substantial number of comprehensive conservation plans and (d) Be divided into short sections and small entities.’’ See 5 U.S.C. 605(b). the compatibility determinations. The sentences; and SBREFA amended the Regulatory second stage is this document, when we (e) Use lists and tables wherever Flexibility Act to require Federal publish the proposed rule in the Federal possible. agencies to provide a statement of the Register for additional comment, If you feel that we have not met these factual basis for certifying that a rule commonly for a 30-day comment requirements, send us comments by one would not have a significant economic period. of the methods listed in the ADDRESSES impact on a substantial number of small There is nothing contained in this section. To better help us revise the entities. proposed rule outside the scope of the rule, your comments should be as This proposed rule adds 1 NWR to the annual review process where we specific as possible. For example, you list of refuges open to hunting and determine whether individual refuges should tell us the numbers of the increases hunting activities on 16 need modifications, deletions, or sections or paragraphs that are unclearly additional NWRs. It adds 4 NWRs to the additions made to them. We make every written, which sections or sentences are list of refuges open to fishing and attempt to collect all of the proposals too long, the sections where you feel increases fishing activities at 1 from the refuges nationwide and process lists or tables would be useful, etc. additional NWR. As a result, visitor use
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for wildlife-dependent recreation on per day participating in a recreational Therefore, this is likely to be a these NWRs will change. If the refuges opportunity, Table 2). Because the substitute site for the activity and not establishing new programs were a pure participation trend is flat in these necessarily an increase in participation addition to the current supply of such activities since 1991, this increase in rates for the activity. activities, it would mean an estimated supply will most likely be offset by increase of 16,266 user days (one person other sites losing participants.
TABLE 2—ESTIMATED CHANGE IN RECREATION OPPORTUNITIES IN 2015/2016 [Dollars in thousands]
Additional Additional Refuge days expenditures
Ardoch ...... 150 $6.2 Bayou Cocodrie ...... 60 2.3 Great River ...... 185 7.2 Lake Alice ...... 6,442 266.7 Merritt Island ...... 1,350 52.5 Mingo ...... 0 ...... Minnesota Valley ...... 64 2.5 Missisquoi ...... 665 25.9 Northern Tallgrass Prairie ...... 125 4.9 Patoka River ...... 1,112 45.5 Prime Hook ...... 336 13.1 Rose Lake ...... 502 20.8 Sacramento River ...... 250 9.7 St. Marks ...... 1,000 38.9 Seney ...... 0 ...... Silver Lake ...... 2,244 92.9 Swan Lake ...... 1,320 51.4 Tualatin River ...... 224 8.7 Two Rivers ...... 195 7.6 Wallkill River ...... 30 1.2 William L. Finley ...... 12 0.5
Total ...... 16,266 658.5
To the extent visitors spend time and activities (2.40) derived from the report the local economy and, therefore, the money in the area of the refuge that they ‘‘Sportfishing in America’’ yields a total real impact would be on the order of would not have spent there anyway, economic impact of approximately about $310,000 annually. they contribute new income to the $1.55 million (2014 dollars) (Southwick Small businesses within the retail regional economy and benefit local Associates, Inc., 2012). Using a local trade industry (such as hotels, gas businesses. Due to the unavailability of impact multiplier would yield more stations, taxidermy shops, bait and site-specific expenditure data, we use accurate and smaller results. However, tackle shops, and similar businesses) the national estimates from the 2011 we employed the national impact may be impacted from some increased National Survey of Fishing, Hunting, multiplier due to the difficulty in or decreased refuge visitation. A large and Wildlife Associated Recreation to developing local multipliers for each identify expenditures for food and specific region. percentage of these retail trade lodging, transportation, and other Since we know that most of the establishments in the local communities incidental expenses. Using the average fishing and hunting occurs within 100 around NWRs qualify as small expenditures for these categories with miles of a participant’s residence, then businesses (Table 3). We expect that the the maximum expected additional it is unlikely that most of this spending incremental recreational changes will be participation of the Refuge System would be ‘‘new’’ money coming into a scattered, and so we do not expect that yields approximately $658,500 in local economy; therefore, this spending the rule will have a significant recreation-related expenditures (Table would be offset with a decrease in some economic effect on a substantial number 2). By having ripple effects throughout other sector of the local economy. The of small entities in any region or the economy, these direct expenditures net gain to the local economies would nationally. As noted previously, we are only part of the economic impact of be no more than $1.55 million, and most expect approximately $310,000 to be these recreational activities. Using a likely considerably less. Since 80 spent in total in the refuges’ local national impact multiplier for hunting percent of the participants travel less economies. The maximum increase at activities (2.27) derived from the report than 100 miles to engage in hunting and most would be less than one-tenth of 1 ‘‘Hunting in America: An Economic fishing activities, their spending percent for local retail trade spending Force for Conservation’’ and for fishing patterns would not add new money into (Table 3).
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TABLE 3—COMPARATIVE EXPENDITURES FOR RETAIL TRADE ASSOCIATED WITH ADDITIONAL REFUGE VISITATION FOR 2015/2016 [Thousands, 2014 dollars]
Estimated Retail trade in maximum Addition as % of Establishments Establ. with <10 Refuge/county(ies) 2007 addition from total in 2012 emp in 2012 new activities
Ardoch Walsh, ND ...... $112,752 $6.2 0.006 58 40 Bayou Cocodrie Concordia, LA ...... 222,552 2.3 0.001 83 60 Great River Adams, IL ...... 1,059,889 1.4 <0.001 300 202 Pike, IL ...... 155,819 1.4 0.001 53 36 Clark, MO ...... 101,269 1.4 0.001 35 28 Shelby, MO ...... 56,054 1.4 0.003 35 25 Lewis, MO ...... 67,717 1.4 0.002 30 20 Lake Alice Ramsey, ND ...... 267,463 266.7 0.100 80 56 Merritt Island Brevard, FL ...... 7,528,790 26.3 <0.001 1,956 1,443 Volusia, FL ...... 6,964,692 26.3 <0.001 1,871 1,412 Minnesota Valley Carver, MN ...... 921,566 0.4 <0.001 209 132 Dakota, MN ...... 5,896,056 0.4 <0.001 1,132 689 Hennepin, MN ...... 25,437,206 0.4 <0.001 4,209 2,657 Le Sueur, MN ...... 235,446 0.4 <0.001 84 58 Scott, MN ...... 1,335,522 0.4 <0.001 323 215 Sibley, MN ...... 86,154 0.4 <0.001 54 39 Missisquoi Franklin, VT ...... 622,657 12.9 0.002 197 129 Orleans, VT ...... 370,098 12.9 0.003 147 110 Northern Tallgrass Prairie Dickinson, IA ...... 291,367 0.5 <0.001 111 85 Kossuth, IA ...... 223,589 0.5 <0.001 93 69 Clay, MN ...... 719,600 0.5 <0.001 163 97 Kittson, MN ...... 47,141 0.5 0.001 30 21 Murray, MN ...... 53,206 0.5 0.001 43 34 Rock, MN ...... 124,588 0.5 <0.001 42 31 Otter Tail, MN ...... 804,419 0.5 <0.001 261 201 Lincoln, MN ...... 60,635 0.5 0.001 38 29 Stevens, MN ...... 194,164 0.5 <0.001 50 32 Patoka River Gibson, IN ...... 505,351 22.8 0.005 122 84 Pike, IN ...... 63,864 22.8 0.036 31 23 Prime Hook Sussex, DE ...... 3,401,815 13 <0.001 1,107 789 Rose Lake Nelson, ND ...... 27,841 20.8 0.075 19 15 Sacramento River Tehama, CA ...... 839,653 2.4 <0.001 153 118 Glenn, CA ...... 232,872 2.4 0.001 73 58 Butte, CA ...... 2,740,982 2.4 <0.001 723 517 Colusa, CA ...... 238,107 2.4 0.001 59 45 Saint Marks Wakulla, FL ...... 191,471 13.0 0.007 62 49 Jefferson, FL ...... 101,289 13.0 0.013 43 35 Taylor, FL ...... 236,429 13.0 0.005 86 67 Silver Lake Benson, ND ...... 22,991 46.46 0.202 9 7 Ramsey, ND ...... 267,463 46.46 0.017 80 56 Swan Lake Bates, MO ...... 154,620 10.3 0.007 59 47 Cedar, MO ...... 136,878 10.3 0.008 48 34 Chariton, MO ...... 59,162 10.3 0.017 41 32 Henry, MO ...... 324,554 10.3 0.003 115 88 St. Claire, MO ...... 73,925 10.3 0.014 34 21 Tualatin River Washington, OR ...... 9,995,463 8.7 <0.001 1,594 1,002 Two Rivers Calhoun, IN ...... 25,469 7.6 0.030 15 9 Wallkill River Sussex, NJ ...... 1,966,557 0.2 <0.001 414 299 Orange, NY ...... 6,541,423 0.2 <0.001 1,503 1,017
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TABLE 3—COMPARATIVE EXPENDITURES FOR RETAIL TRADE ASSOCIATED WITH ADDITIONAL REFUGE VISITATION FOR 2015/2016—Continued [Thousands, 2014 dollars]
Estimated Retail trade in maximum Addition as % of Establishments Establ. with <10 Refuge/county(ies) 2007 addition from total in 2012 emp in 2012 new activities
William L. Finley Benton, OR ...... 782,306 0.2 <0.001 262 184 Linn, OR ...... 1,323,264 0.2 <0.001 339 247
With the small change in overall the ability of U.S.-based enterprises to understanding of the regulations by spending anticipated from this proposed compete with foreign-based enterprises. refuge visitors. rule, it is unlikely that a substantial This proposed rule represents only a number of small entities will have more small proportion of recreational Energy Supply, Distribution or Use than a small impact from the spending spending at NWRs. Therefore, this rule (E.O. 13211) change near the affected refuges. would have no measurable economic On May 18, 2001, the President issued Therefore, we certify that this proposed effect on the wildlife-dependent E.O. 13211 on regulations that rule will not have a significant industry, which has annual sales of significantly affect energy supply, economic effect on a substantial number equipment and travel expenditures of distribution, and use. E.O. 13211 of small entities as defined under the $72 billion nationwide. requires agencies to prepare Statements Regulatory Flexibility Act (5 U.S.C. 601 Unfunded Mandates Reform Act of Energy Effects when undertaking et seq.). An initial regulatory flexibility certain actions. Because this proposed analysis is not required. Accordingly, a Since this proposed rule would apply rule would add a new hunt at 1 NWR, small entity compliance guide is not to public use of federally owned and increase hunting activities at 16 other required. managed refuges, it would not impose an unfunded mandate on State, local, or NWRs, add fishing to 4 NWRs, and Small Business Regulatory Enforcement Tribal governments or the private sector increase fishing opportunities at 1 NWR, Fairness Act of more than $100 million per year. The it is not a significant regulatory action The proposed rule is not a major rule rule would not have a significant or under E.O. 12866, and we do not expect under 5 U.S.C. 804(2), the Small unique effect on State, local, or Tribal it to significantly affect energy supplies, Business Regulatory Enforcement governments or the private sector. A distribution, and use. Therefore, this Fairness Act. We anticipate no statement containing the information action is not a significant energy action significant employment or small required by the Unfunded Mandates and no Statement of Energy Effects is business effects. This rule: Reform Act (2 U.S.C. 1531 et seq.) is not required. a. Would not have an annual effect on required. Consultation and Coordination With the economy of $100 million or more. Indian Tribal Governments (E.O. The minimal impact would be scattered Takings (E.O. 12630) 13175) across the country and would most In accordance with E.O. 12630, this likely not be significant in any local proposed rule would not have In accordance with E.O. 13175, we area. significant takings implications. This have evaluated possible effects on b. Would not cause a major increase rule would affect only visitors at NWRs federally recognized Indian tribes and in costs or prices for consumers; and describe what they can do while have determined that there are no individual industries; Federal, State, or they are on a refuge. effects. We coordinate recreational use local government agencies; or Federalism (E.O. 13132) on NWRs with Tribal governments geographic regions. This proposed rule having adjoining or overlapping would have only a slight effect on the As discussed in the Regulatory jurisdiction before we propose the costs of hunting opportunities for Planning and Review and Unfunded regulations. Americans. If the substitute sites are Mandates Reform Act sections, above, farther from the participants’ residences, this proposed rule would not have Paperwork Reduction Act then an increase in travel costs would sufficient federalism summary impact occur. The Service does not have statement implications to warrant the This regulation does not contain any information to quantify this change in preparation of a federalism summary information collection requirements travel cost but assumes that, since most impact statement under E.O. 13132. In other than those already approved by people travel less than 100 miles to preparing this proposed rule, we the Office of Management and Budget hunt, the increased travel cost would be worked with State governments. (OMB) under the Paperwork Reduction small. We do not expect this proposed Act (44 U.S.C. 3501 et seq.) and Civil Justice Reform (E.O. 12988) rule to affect the supply or demand for assigned OMB Control Numbers 1018– hunting opportunities in the United In accordance with E.O. 12988, the 0102 (expires June 30, 2017), 1018–0140 States and, therefore, it should not affect Office of the Solicitor has determined (expires May 31, 2015), and 1018–0153 prices for hunting equipment and that this proposed rule would not (expires December 31, 2015). An agency supplies, or the retailers that sell unduly burden the judicial system and may not conduct or sponsor and a equipment. that it meets the requirements of person is not required to respond to a c. Would not have significant adverse sections 3(a) and 3(b)(2) of the Order. collection of information unless it effects on competition, employment, The rule would clarify established displays a currently valid OMB control investment, productivity, innovation, or regulations and result in better number.
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Endangered Species Act Section 7 Available Information for Specific Primary Author Consultation Refuges Brian Salem, Division of Conservation We comply with section 7 of the Individual refuge headquarters have Planning and Policy, National Wildlife Refuge System is the primary author of Endangered Species Act of 1973, as information about public use programs this rulemaking document. amended (16 U.S.C. 1531 et seq.), when and conditions that apply to their developing Comprehensive specific programs and maps of their List of Subjects in 50 CFR Part 32 respective areas. To find out how to Conservation Plans and step-down Fishing, Hunting, Reporting, and management plans—which would contact a specific refuge, contact the appropriate Regional office listed below: recordkeeping requirements, Wildlife, include hunting and/or fishing plans— Wildlife refuges. for public use of refuges, and prior to Region 1—Hawaii, Idaho, Oregon, and implementing any new or revised public Washington. Regional Chief, National Proposed Regulation Promulgation Wildlife Refuge System, U.S. Fish and recreation program on a refuge as For the reasons set forth in the Wildlife Service, Eastside Federal identified in 50 CFR 26.32. We have preamble, we propose to amend title 50, Complex, Suite 1692, 911 NE. 11th completed section 7 consultation on chapter I, subchapter C of the Code of Avenue, Portland, OR 97232–4181; each of the affected refuges. Federal Regulations as follows: Telephone (503) 231–6214. National Environmental Policy Act Region 2—Arizona, New Mexico, PART 32—[AMENDED] Oklahoma, and Texas. Regional Chief, We analyzed this proposed rule in National Wildlife Refuge System, U.S. ■ 1. The authority citation for part 32 accordance with the criteria of the Fish and Wildlife Service, P.O. Box continues to read as follows: National Environmental Policy Act of 1306, 500 Gold Avenue SW., Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 1969 (NEPA) (42 U.S.C. 4332(C)), 43 Albuquerque, NM 87103; Telephone 664, 668dd–668ee, and 715i. CFR part 46, and 516 Departmental (505) 248–6937. ■ 2. Amend § 32.7 by: Manual (DM) 8. Region 3—Illinois, Indiana, Iowa, ■ a. Adding an entry for ‘‘Iowa Wetland A categorical exclusion from NEPA Michigan, Minnesota, Missouri, Ohio, Management District’’ and placing it in documentation applies to publication of and Wisconsin. Regional Chief, National alphabetical order in the State of Iowa; proposed amendments to refuge-specific Wildlife Refuge System, U.S. Fish and ■ b. Adding an entry for ‘‘Wallkill hunting and fishing regulations because Wildlife Service, 5600 American Blvd. National Wildlife Refuge’’ and placing it they are technical and procedural in West, Suite 990, Bloomington, MN in alphabetical order in the State of New nature, and the environmental effects 55437–1458; Telephone (612) 713–5360. York; are too broad, speculative, or conjectural Region 4—Alabama, Arkansas, ■ c. Adding an entry for ‘‘Ardoch to lend themselves to meaningful Florida, Georgia, Kentucky, Louisiana, National Wildlife Refuge’’ and placing it analysis (43 CFR 46.210 and 516 DM 8). Mississippi, North Carolina, South in alphabetical order in the State of Concerning the actions that are the Carolina, Tennessee, Puerto Rico, and North Dakota; subject of this proposed rulemaking, we the Virgin Islands. Regional Chief, ■ d. Adding an entry for ‘‘Rose Lake have complied with NEPA at the project National Wildlife Refuge System, U.S. National Wildlife Refuge’’ and placing it level when developing each proposal. Fish and Wildlife Service, 1875 Century in alphabetical order in the State of This is consistent with the Department Boulevard, Atlanta, GA 30345; North Dakota; Telephone (404) 679–7166. ■ e. Adding an entry for ‘‘Silver Lake of the Interior instructions for National Wildlife Refuge’’ and placing it compliance with NEPA where actions Region 5—Connecticut, Delaware, in alphabetical order in the State of are covered sufficiently by an earlier District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New North Dakota; and environmental document (43 CFR Jersey, New York, Pennsylvania, Rhode ■ f. Adding an entry for ‘‘Tualatin River 46.120). Island, Vermont, Virginia, and West National Wildlife Refuge’’ and placing it Prior to the addition of a refuge to the Virginia. Regional Chief, National in alphabetical order in the State of list of areas open to hunting and fishing Wildlife Refuge System, U.S. Fish and Oregon. in 50 CFR part 32, we develop hunting Wildlife Service, 300 Westgate Center ■ 3. Amend § 32.20 by: and fishing plans for the affected Drive, Hadley, MA 01035–9589; ■ a. Revising the introductory text of refuges. We incorporate these proposed Telephone (413) 253–8307. paragraph B; removing paragraph C.6; refuge hunting and fishing activities in Region 6—Colorado, Kansas, and revising paragraphs B.1, B.2, B.3, the refuge Comprehensive Conservation Montana, Nebraska, North Dakota, B.5, B.6, B.7, B.8, B.9, B.10, C.2, C.3, Plan and/or other step-down South Dakota, Utah, and Wyoming. C.4, C.5, D.1, and D.2 under Choctaw management plans, pursuant to our Regional Chief, National Wildlife Refuge National Wildlife Refuge. ■ refuge planning guidance in 602 Fish System, U.S. Fish and Wildlife Service, b. Adding paragraphs A.16 and A.17; and Wildlife Service Manual (FW) 1, 3, 134 Union Blvd., Lakewood, CO 80228; removing paragraph B.5; and revising and 4. We prepare these Comprehensive Telephone (303) 236–8145. paragraphs A.3, A.9, A.15, B.1, C.1 and D.1 under Eufaula National Wildlife Conservation Plans and step-down Region 7—Alaska. Regional Chief, plans in compliance with section Refuge. National Wildlife Refuge System, U.S. The revisions and additions read as 102(2)(C) of NEPA, and the Council on Fish and Wildlife Service, 1011 E. follows: Environmental Quality’s regulations for Tudor Rd., Anchorage, AK 99503; implementing NEPA in 40 CFR parts Telephone (907) 786–3545. § 32.20 Alabama. 1500–1508. We invite the affected Region 8—California and Nevada. * * * * * public to participate in the review, Regional Chief, National Wildlife Refuge development, and implementation of System, U.S. Fish and Wildlife Service, Choctaw National Wildlife Refuge these plans. Copies of all plans and 2800 Cottage Way, Room W–2606, * * * * * NEPA compliance are available from the Sacramento, CA 95825; Telephone (916) B. Upland Game Hunting. We allow refuges at the addresses provided below. 414–6464. hunting of squirrel and rabbit on
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designated areas of the refuge in hunting only during the open deer 1. Conditions A1, A2, A3, and A7 accordance with State regulations and season. All stands must be clearly through A17 apply. subject to the following conditions: labeled with the name, address, and * * * * * 1. We prohibit hunting within 100 phone number. When not in use and left C. Big Game Hunting. *** yards (91.4 meters) of the fenced-in on the refuge overnight, stands must be 1. Conditions A1 and A7 through A17 refuge work center area, designated placed in a non-hunting position at apply. hiking trails, and refuge boats ramps. ground level. * * * * * 2. We prohibit leaving unattended 3. While climbing a tree, installing a D. Sport Fishing. *** personal property, including, but not tree stand that uses climbing aids, or 1. Conditions A15 through A17 apply. limited to, boats or vehicles of any type, hunting from a tree stand on the refuge, * * * * * geocaches, and cameras, overnight on hunters must use a fall-arrest system ■ 4. Amend § 32.22 by: the refuge (see § 27.93 of this chapter). (full body harness) that is manufactured ■ a. Revising paragraphs D.4 and D.5 We prohibit marking trees and using to the Tree Stand Manufacturers under Bill Williams National Wildlife flagging tape, reflective tacks, and other Association’s standards. Refuge. similar marking devices. 4. We prohibit damaging trees, ■ b. Revising paragraph D.6 under 3. Hunters may take incidental including driving or screwing any metal Havasu National Wildlife Refuge. species (coyote, beaver, nutria, and feral object into a tree or hunting from a tree The revisions read as follows: hog) during any hunt with those in which a metal object has been driven weapons legal during those hunts as or screwed to support a hunter (see § 32.22 Arizona. defined by the State of Alabama. § 32.2(i)). Other than deer stands, all * * * * * Persons may only use approved personal property must be removed nontoxic shot in shotgun shells (see from the refuge each day (see § 27.93 of Bill Williams National Wildlife Refuge § 32.2(k)), .22 caliber rimfire or smaller this chapter). * * * * * rifles, or legal archery equipment 5. We prohibit hunting by aid or D. Sport Fishing. *** according to State regulations. We distribution of any feed, salt, scent 4. The nonmotorized watercraft prohibit use of magnum ammunition, attractant, or other mineral at any time launch and Central Arizona Project including .22 caliber magnum and .17 (see § 32.2(h)). (CAP) peninsula are day-use only areas Hornady Magnum Rimfire (HMR), for D. Sport Fishing. *** and are open from 1⁄2 hour before legal hunting. 1. We allow fishing year-round, sunrise to 1⁄2 hour after legal sunset. We * * * * * except in the waterfowl sanctuary area allow fishing and the launching of 5. All persons age 15 or younger, as depicted within the refuge brochure. watercraft at these and other areas 24 while hunting on the refuge, must be in The waterfowl sanctuary is closed to hours a day. the presence and under direct fishing from November 15 through 5. We prohibit the possession or supervision of a licensed or exempt March 1. consumption of open containers of hunter at least age 21. A licensed hunter 2. Conditions B2, B4, B6, B8, B9, and alcohol or the possession of glass supervising a youth as provided in this C4 apply. beverage containers in improved areas, section must hold a valid State license * * * * * including the nonmotorized watercraft for the species being hunted. One adult Eufaula National Wildlife Refuge launch and the CAP peninsula. may supervise no more than two youth * * * * * hunters. A. Migratory Game Bird Hunting. 6. The refuge is open daily from 1 *** Havasu National Wildlife Refuge hour before legal sunrise to 1 hour after * * * * * * * * * * legal sunset. Personal property must be 3. All youth hunters (ages 10 through D. Sport Fishing. *** removed from the refuge daily (see 15) must remain within sight and 6. The following apply to the § 27.93 of this chapter). normal voice contact of a properly improved areas within Havasu NWR. 7. We require all hunters to record licensed hunting adult age 21 or older. Improved areas consist of the Mesquite hours hunted and all harvested game on Youth hunters must possess and carry Bay areas, Castle Rock, the Diving Cliffs, the Upland Game Hunt Report (FWS verification of passing a State-approved Catfish Paradise, Five Mile Landing and Form 3–2362) at the conclusion of each hunter education course. One adult may North Dike. day at one of the refuge check stations. supervise no more than two youth i. We prohibit entry of all motorized 8. Persons possessing, transporting, or hunters. watercraft in all three bays of the carrying firearms on the refuge must * * * * * Mesquite Bay area as indicated by signs comply with all provisions of State and 9. We allow access to the refuge for or regulatory buoys. local law. Persons may only use hunting from 11⁄2 hours before legal ii. Improved areas are day-use only 1 (discharge) firearms in accordance with sunrise to 11⁄2 hours after legal sunset. and are open from ⁄2 hour before legal refuge regulations (see § 27.42 of this * * * * * sunrise to 1⁄2 hour after legal sunset. chapter and specific refuge regulations 15. We prohibit the use of all air- Fishing and the launching of watercraft in part 32). thrust boats, including airboats, aircraft, are permitted at these and other areas 24 9. We prohibit equestrian use, boats with secondary fans, and hours a day. domestic livestock, and all forms of hovercraft. iii. We prohibit the possession or motorized off-road vehicles. 16. We prohibit the use of personal consumption of open containers of 10. We allow hunting with unleashed watercraft or air-cooled propulsion alcohol or the possession of glass dogs for squirrel and rabbit only. engines outside of marked navigation beverage containers in improved areas. * * * * * channels. * * * * * C. Big Game Hunting. *** 17. We prohibit the mooring or storing ■ 5. Amend § 32.23 by: * * * * * of boats from 11⁄2 hours after legal ■ a. Revising the introductory text of 2. Deer hunters may place portable sunset to 11⁄2 hours before legal sunrise. paragraphs B and C; redesignating stands on the refuge for use while deer B. Upland Game Hunting. *** paragraphs C.6, C.7, C.8, C.9, C.10, C.11,
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C.12, C.13, C.14, C.15, C.16, and C.17 as 6. You may possess only approved 8. Hunters may take beaver, muskrat, C.7, C.8, C.9, C.10, C.11, C.12, C.13, nontoxic shot shells for hunting while nutria, armadillo, and coyote during any C.14, C.15, C.16, C.17, and C.18, in the field (see § 32.2(k)) in quantities refuge hunt with those weapons legal respectively; revising newly designated of 25 or fewer. The possession limit during those hunts, subject to State paragraphs C.9 and C.18; revising includes shells located in/on vehicles seasons. paragraphs A.2, A.3, A.4, A.6, A.10, and other personal equipment. The field * * * * * A.16, A.22, B.1, B.3, B.4, B.8, C.1, and possession limit for shells does not C. Big Game Hunting. We allow D.1; and adding paragraph C.6 under apply to goose hunting during the State hunting of deer, feral hog, and turkey on Bald Knob National Wildlife Refuge. Conservation Order. designated areas of the refuge in ■ b. Revising paragraph B.15 under Big * * * * * accordance with State regulations and Lake National Wildlife Refuge. 10. Boats with the owner’s name and subject to the following conditions: ■ c. Revising the introductory text of address permanently displayed or 1. Conditions A1, A6, A11 through paragraphs B and C; revising paragraphs displaying valid registration may be left A13, A17 through A23, and B8 through A.2, A.3, A.4, A.9, A.22, B.1, B.2, B.3, on the refuge from March 1 through B12 apply. B.4, B.5, B.7, C.1, C.2, C.3, C.4, C.5, C.6, October 31. We prohibit the use of boats * * * * * C.7, C.8, and D.1; and adding paragraph from 12 a.m. (midnight) to 4 a.m. during 6. You may take feral hog during the A.24 under Cache River National duck season. refuge muzzleloader or Quota Gun Deer Wildlife Refuge. ■ d. Revising the introductory text of * * * * * Hunt with those weapons legal during paragraph C; revising paragraphs A.6, 16. Any hunter born after 1968 must those hunts. A.7, A.9, A.17, B.1, C.1, C.15, and D.1; carry a valid hunter education card. An * * * * * and adding paragraphs A.21 and C.17 adult at least age 21 must supervise 9. Immediately record the zone 002 on under Felsenthal National Wildlife hunters under age 16 and remain within your hunting license and check all Refuge. sight and normal voice contact with the harvested game according to State ■ e. Revising the introductory text of youth. Hunters under age 16 do not regulations. paragraph C; revising paragraphs A.3, need to have a hunter education card if * * * * * A.6, A.7, A.9, A.13, A.17, B.1, and C.1; they are under the direct supervision 18. We close waterfowl sanctuaries to redesignating paragraphs C.8, C.9, C.10, (within arm’s reach) of an adult (at least all entry and hunting from November 15 and C.11 as C.9, C.10, C.11, and C.12, age 21) holder of a valid hunting to February 28, except for Quota Gun respectively; and adding paragraphs license. An adult may supervise up to Deer Hunt permit holders who may A.23, B.6, C.8, and C.13 under Overflow two youths for migratory bird and hunt in the sanctuary when the season National Wildlife Refuge. upland game hunting but may supervise overlaps with these dates. ■ f. Revising the introductory text of only one youth for big game hunting. D. Sport Fishing. *** paragraph C; revising paragraphs A.4, We will honor home State hunter 1. Conditions A11, A19 through A23, A.5, A.7, A.15, A.17, B.3, C.2, C.4, C.7, education cards. B11, and C18 apply. C.12, C.17, and D.2; and adding * * * * * * * * * * paragraphs A.24, A.25, A.26, A.27, A.28, 22. We prohibit the possession or use A.29, A.30, A.31, C.19, and C.20 under of alcoholic beverages while hunting Big Lake National Wildlife Refuge Pond Creek National Wildlife Refuge. (see § 32.2(j)) and open alcohol * * * * * ■ g. Removing paragraph D.2; containers on refuge roads, all-terrain B. Upland Game Hunting. *** redesignating paragraphs B.5, B.6, B.7, vehicles (ATV) trails, boat ramps, 15. We prohibit the possession or use B.8, B.9, D.3, D.4, D.5, D.6, D.7, and D.8 observation platforms, and parking of alcoholic beverages while hunting as B.6, B.7, B.8, B.9, B.10, D.2, D.3, D.4, areas. (see § 32.2(j)) or open alcohol containers D.5, D.6 and D.7, respectively; revising * * * * * on refuge roads, all-terrain vehicles the introductory text of paragraph D; B. Upland Game Hunting. We allow (ATV) trails, boat ramps, parking areas, revising paragraphs A.10, B.1, B.4, C.1, hunting of squirrel, rabbit, quail, fishing piers, observation decks, and C.4, and D.1; and adding paragraphs raccoon, opossum, beaver, muskrat, photo blinds. A.12 and B.5 under Wapanocca nutria, armadillo, and coyote on * * * * * National Wildlife Refuge. designated areas of the refuge in The revisions and additions read as accordance with State regulations and Cache River National Wildlife Refuge follows: subject to the following special A. Migratory Game Bird Hunting. § 32.23 Arkansas. conditions: *** 1. Conditions A1, A6, A11 through * * * * * 2. We prohibit migratory game bird A13, and A17 through A23 apply. hunting in the Farm Unit during the Bald Knob National Wildlife Refuge * * * * * Quota Gun Deer Hunt. A. Migratory Game Bird Hunting. 3. We allow squirrel hunting 3. With the exception of hunting for *** September 1 through February 28 on the woodcock, we prohibit migratory game 2. We prohibit migratory game bird Mingo Creek Unit and on the Farm Unit, bird hunting after 12 p.m. (noon) during hunting in the Farm Unit during the except for season closure on the Farm the regular State waterfowl hunting Quota Gun Deer Hunt. Unit during the Quota Gun Deer Hunt. season. 3. With the exception of hunting for We allow dogs. 4. We allow hunting for woodcock woodcock, we prohibit migratory game 4. We allow rabbit hunting in daily throughout the State seasons. bird hunting after 12 p.m. (noon) during accordance with the State season on the * * * * * the regular State waterfowl hunting Mingo Creek Unit and on the Farm Unit, 9. Boats with the owner’s name and season. except for season closure on the Farm address permanently displayed or 4. We allow hunting for woodcock Unit during the Quota Gun Deer Hunt. displaying valid registration may be left daily throughout the State seasons. We allow dogs. on the refuge from March 1 through * * * * * * * * * * October 31. We prohibit boats on the
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refuge from 12 a.m. (midnight) to 4 a.m. 4. Modern gun deer hunting will B. Upland Game Hunting. *** during duck season. begin in November and continue for a 1. Conditions A4 through A18, A20, * * * * * period of up to 11 days with annual and A21 apply. 22. We prohibit the possession or use season dates and bag limits provided in * * * * * of alcoholic beverages while hunting the refuge hunt brochure/permit. C. Big Game Hunting. We allow (see § 32.2(j)) or open alcohol containers 5. You may take feral hog during hunting of white-tailed deer, feral hog, on refuge roads, all-terrain vehicles refuge muzzleloader or Quota Gun Deer and turkey on designated areas of the (ATV) trails, boat ramps, observation Hunt with those weapons legal during refuge in accordance with State platforms, and parking areas. those hunts. regulations and subject to the following 6. The fall archery/crossbow hunting * * * * * conditions: 24. We prohibit vehicles and ATVs to season for turkey will begin on the 1. Conditions A6 through A11, A13 be left unattended overnight. opening day of the State season and through A18, A20, and A21 apply. B. Upland Game Hunting. We allow continue throughout the State season on * * * * * hunting of squirrel, rabbit, quail, refuge lands that are located within the 15. We prohibit leaving any tree raccoon, opossum, beaver, muskrat, State fall archery/crossbow turkey zone stand, ground blind, or game camera on nutria, armadillo, and coyote on except for refuge-wide season closure the refuge without the owner’s name designated areas of the refuge in during the Quota Gun Deer Hunt. We do and address clearly written in a accordance with State regulations and not open for fall gun hunting for conspicuous location. turkeys. subject to the following conditions: * * * * * 1. Conditions A1, A6, A10 through 7. The spring gun hunt for turkey will begin on the opening day of the State 17. We allow the taking of feral hogs A12, and A16 through A24 apply. on the refuge only during the 2. We allow squirrel hunting season and continue throughout the State season on all refuge lands located Muzzleloader and Modern Gun Quota September 1 through February 28 except Permit Deer Hunts and with weapons for refuge-wide season closure during south of Interstate 40. The remainder of the refuge is closed with the exception and ammunition allowed for that hunt. the Quota Gun Deer Hunt. We allow There is no bag limit. You may not dogs. of those refuge lands included in the combined Black Swamp Wildlife transport or possess live hog. 3. Rabbit season corresponds with the D. Sport Fishing. *** State season except for refuge-wide Management Area/Cache River National Wildlife Refuge quota permit hunts 1. Conditions A6, A8, A9, A13, A16, season closure during the Quota Gun A18, and A21 apply. Deer Hunt. We allow dogs. administered by the Arkansas Game and 4. Quail season corresponds with the Fish Commission. * * * * * State season except for refuge-wide 8. Immediately record the zone 095 on Overflow National Wildlife Refuge season closure during the Quota Gun your hunting license and check all harvested game according to State A. Migratory Game Bird Hunting. Deer Hunt. We allow dogs. *** 5. We allow hunting of raccoon and regulations. opossum with dogs. We require dogs for * * * * * * * * * * hunting of raccoon/opossum at night. D. Sport Fishing. *** 3. We allow only portable blinds. We provide annual season dates in the 1. Conditions A10, A18, A20, A22 Hunters must remove portable blinds, refuge hunting brochure/permit. We through A24, and B11 apply. boats, and decoys from the hunt area by prohibit field trials and organized * * * * * 1:30 p.m. each day (see § 27.93 of this training events. chapter). Felsenthal National Wildlife Refuge * * * * * * * * * * 7. You may take beaver, muskrat, A. Migratory Game Bird Hunting. 6. No person will use the services of nutria, armadillo, and coyote during any *** a guide, guide service, outfitter, club, refuge hunt with those weapons legal 6. No person will use the services of organization, or other person who during those hunts. a guide, guide service, outfitter, club, provides equipment, services, or organization, or other person who assistance on Refuge System lands for * * * * * provides equipment, services, or compensation (see § 27.97 of this C. Big Game Hunting. We allow assistance on Refuge System lands for chapter). hunting of deer, feral hog, and turkey on compensation (see § 27.97 of this 7. You must possess and carry a designated areas of the refuge in chapter). Refuge Public Use Regulations accordance with State regulations and 7. Hunters must possess and carry a Brochure/Access Permit (signed subject to the following conditions: signed Refuge Public Use Regulations brochure) while hunting. 1. Conditions A1, A6, A10 through Brochure/Access Permit (signed A12, A16 through A24, B6 through B9, * * * * * brochure) while hunting. B11, and B12 apply. 9. We prohibit marking trails with 2. Archery/crossbow hunting season * * * * * tape, ribbon, paint, or any other for deer begins on the opening day of 9. We prohibit marking trails with substance or material. the State season and continues tape, ribbon, paint, or any other * * * * * throughout the State season except for substance or material. 13. We allow only all-terrain vehicles/ refuge-wide season closure during the * * * * * utility-type vehicles (ATVs/UTVs) for Quota Gun Deer Hunt. We provide 17. You may take beaver, nutria, and hunting activities. We restrict ATVs/ annual season dates and bag limits in coyote during any daytime refuge hunt UTVs to designated times and the refuge hunting brochure/permit. with weapons and ammunition allowed designated trails (see § 27.31 of this 3. Muzzleloader hunting season for for that hunt. There is no bag limit. You chapter) marked with signs and paint. deer will begin in October and will may not transport or possess live hog. We identify those trails and the dates continue for a period of up to 9 days * * * * * that they are open for use in the refuge with annual season dates and bag limits 21. We prohibit leaving any boat on hunt brochure. We limit ATVs/UTVs to provided on the hunt brochure/permit. the refuge. those having an engine displacement
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size not exceeding 700cc. We limit Brochure/Access Permit (signed participating in the refuge mobility- ATV/UTV tires to those having a brochure) while hunting. impaired hunt may harvest the legal centerline lug depth not exceeding 1 * * * * * State bag limit without antler inch (2.5 centimeters). You may use 7. We prohibit marking trails with restrictions. horses on roads and ATV/UTV trails tape, ribbon, paint, or any other * * * * * (when open to motor vehicle and ATV/ substance or material (see § 27.93 of this 12. You may use only portable deer UTV traffic respectively) as a mode of chapter). stands erected no sooner than 2 days transportation for on-refuge, hunting * * * * * before the opening of the State deer activities. 15. You may take beaver, nutria, and season, and you must remove them no * * * * * coyote during any daytime refuge hunt later than January 31 each year (see 17. You may take beaver, nutria, and with weapons and ammunition allowed § 27.93 of this chapter). coyote during any daytime refuge hunt for that hunt. We prohibit the use of * * * * * with weapons and ammunition legal for dogs to take these species. There is no 17. We prohibit conducting or that hunt. There is no bag limit. We bag limit. You may not transport or participating in deer drives. prohibit transportation or possession of possess live hog. * * * * * live hog. * * * * * 19. We prohibit hunting from an area * * * * * 17. We allow the use of retriever dogs where a shooting lane has been cut. 23. We prohibit leaving any boat on during the refuge waterfowl season. 20. We allow the taking of feral hogs the refuge. * * * * * on the refuge only during the B. Upland Game Hunting. *** 24. We prohibit camping on the refuge Muzzleloader and Modern Gun Quota 1. Conditions A4 through A17, A19, while hunting off of the refuge. Permit Deer Hunts and with weapons and A23 apply. 25. We prohibit fires outside of and ammunition allowed for that hunt. * * * * * campgrounds. There is no bag limit. You may not 6. Overflow National Wildlife Refuge 26. We prohibit taking or possessing transport or possess live hogs. is a day-use area only, except while turtles or mollusks (see § 27.51 of this D. Sport Fishing. *** raccoon and opossum hunting. chapter). 2. Conditions A4 through A16 and C. Big Game Hunting. We allow 27. We prohibit possession or use of A18 through A31 apply. hunting of white-tailed deer, feral hog, fireworks. * * * * * 28. We prohibit geocaching. and turkey on designated areas of the Wapanocca National Wildlife Refuge refuge in accordance with State 29. We prohibit searching for or regulations and subject to the following removing any object of antiquity A. Migratory Game Bird Hunting. conditions: including arrowheads, pottery, or other *** 1. Conditions A5 through A11, A13 artifacts. 10. We prohibit the possession or use through A17, A19, and A23 apply. 30. We prohibit firearms, including of alcoholic beverages while hunting * * * * * State-permitted concealed carry (see § 32.2(j)) and open alcohol 8. The refuge will conduct no more handguns, in all refuge buildings. containers on refuge roads, all-terrain than one quota permit youth spring 31. We prohibit horses and mules off vehicle (ATV) trails, boat ramps, turkey gun hunt. Specific hunt dates the open all-terrain vehicle (ATV)/ parking areas, fishing piers, observation and application procedures will be utility-type vehicles (UTV) trails and decks, and photo blinds. available at the refuge office in January. main gravel roads. * * * * * We restrict hunt participants on these B. Upland Game Hunting. *** 12. Roundpond and Pigmon Units are hunts to those selected for a quota 3. Conditions A4 through A16, A18, closed to all migratory bird hunting. permit, except that one nonhunting and A24 through A31 apply. B. Upland Game Hunting. *** adult age 21 or older and possessing a * * * * * 1. Conditions A1 through A12 apply. valid hunting license must accompany a C. Big Game Hunting. We allow * * * * * youth hunter. hunting of white-tailed deer, feral hog, 4. You may take nutria, beaver, and * * * * * and turkey on designated areas of the coyote during any refuge hunt with 13. We allow the taking of feral hogs refuge in accordance with State those weapons legal during those hunts, on the refuge only during the regulations and subject to the following subject to State seasons. Muzzleloader Hunt and with weapons conditions: 5. You may take feral hog only during and ammunition allowed for that hunt. * * * * * the refuge Quota Gun Deer Hunt. There is no bag limit. You may not 2. Conditions A4 through A9, A11 * * * * * transport or possess live hogs. through A16, A18, and A24 through C. Big Game Hunting. *** A31 apply. * * * * * 1. Conditions A1 through A12, B4, B5, * * * * * and B7 through B10 apply. Pond Creek National Wildlife Refuge 4. We allow muzzleloader deer * * * * * A. Migratory Game Bird Hunting. hunting for the first 5 days of the early 4. Immediately record the deer zone *** State muzzleloader season for this deer 640 on the hunter’s license and check 4. No person will use the services of management zone. The bag limit for the deer according to State regulations. a guide, guide service, outfitter, club, refuge muzzleloader hunt is two deer, * * * * * organization, or other person who with no more than one buck. D. Sport Fishing. We allow fishing on provides equipment, services, or * * * * * the refuge in accordance with State assistance on Refuge System lands for 7. The quota Gun Deer Hunt bag limit regulations and subject to the following compensation (see § 27.97 of this is two deer, with no more than one buck conditions: chapter). (one buck and one doe). Exception: 1. Conditions A3, A5, A9 through 5. You must possess and carry a Youth hunters participating in the A11, B7, and B8 apply. We allow fishing Refuge Public Use Regulations refuge youth deer hunt and hunters from March 1 through October 31 from
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1⁄2 hour before legal sunrise to 1⁄2 hour Wildlife entry permit from the check regulations and subject to the following after legal sunset. station prior to entering the hunt area. conditions: * * * * * 2. You must return the State of 1. You must obtain a State of ■ 6. Amend § 32.24 by: California Department of Fish and California Department of Fish and ■ a. Revising paragraph A, revising the Wildlife entry permit and leave the Wildlife entry permit from the check introductory text of paragraph C, and refuge no later than 11⁄2 hours after legal station prior to entering the hunt area. revising paragraphs C.2 and D under sunset unless participating in overnight 2. You must return the State of Clear Lake National Wildlife Refuge. stay in accordance with A13. California Department of Fish and ■ b. Revising paragraphs A and B under 3. Youth hunters must be Wildlife entry permit and leave the Colusa National Wildlife Refuge. accompanied by an adult (18 years old refuge no later than 11⁄2 hours after legal ■ c. Revising paragraphs A, B.1, and B.2 or older) at all times while hunting. sunset unless participating in overnight under Delevan National Wildlife Refuge. 4. Access to the hunt area is by foot stay in accordance with A14. ■ d. Revising paragraphs A and B under traffic only. We prohibit bicycles and 3. Junior hunters must be Lower Klamath National Wildlife other conveyances. Mobility-impaired accompanied by an adult (18 years old Refuge. hunters should consult with the refuge or older) at all times while hunting. ■ e. Revising paragraphs A, B.1, and manager for allowed conveyances. 4. Access to the hunt area is by foot B.2. under Sacramento National 5. You may enter or exit only at traffic only. We prohibit bicycles and Wildlife Refuge. designated locations. other conveyances. Mobility-impaired ■ f. Revising paragraphs A, B.2, C, D.1, 6. Vehicles may stop only at hunters should consult with the refuge and D.2 under Sacramento River designated parking areas. We prohibit manager for allowed conveyances. National Wildlife Refuge. the dropping of passengers or 5. You may enter or exit only at ■ g. Revising paragraphs A and B under equipment, or stopping between designated locations. Sutter National Wildlife Refuge. designated parking areas. 6. Vehicles may stop only at ■ h. Revising paragraphs A and B under 7. The firearms used for hunting must designated parking areas. We prohibit Tule Lake National Wildlife Refuge. remain unloaded until you are in the dropping of passengers or The revisions read as follows: designated free-roam areas or assigned equipment, or stopping between pond/blind areas. designated parking areas. § 32.24 California. 7. The firearms used for hunting must 8. Hunters may use shotguns only. No * * * * * remain unloaded until you are in shotguns larger than 12 gauge (see designated free-roam areas or assigned Clear Lake National Wildlife Refuge § 20.21(a) of this chapter). pond/blind areas. A. Migratory Game Bird Hunting. We 9. You may not possess more than 25 8. Hunters may use shotguns only. No allow hunting of geese, ducks, coots, shotgun shells while in the field. shotguns larger than 12 gauge. moorhens, and snipe on designated 10. You may possess only approved 9. Hunters may possess no more than areas of the refuge in accordance with nontoxic shot while in the field (see 25 shotgun shells while in the field. State laws and regulations and subject § 32.2(k)). You may not possess shot size 10. Hunters may possess only to the following conditions: larger than BB, except steel ‘‘T’’ (0.20 approved nontoxic shot while in the 1. We allow waterfowl hunting on (0.5 centimeter) diameter). field (see § 32.2(k)). You may not designated areas of the refuge 7 days per 11. We prohibit snipe hunting in the possess shot size larger than BB, except week during the State regulated season. assigned pond areas. steel ‘‘T’’ (0.20 inch (0.5 centimeter) 2. You may hunt from the shoreline 12. No person may build or maintain diameter). only. fires, except in portable gas stoves in 11. We restrict hunters assigned to the 3. No boats of any kind may be used designated parking/overnight stay areas. spaced blind area to within 100 feet while conducting waterfowl hunting 13. We only allow overnight stays in (30.5 meters) of their assigned hunt site activities. vehicles, motor homes, and trailers at except for retrieving downed birds, * * * * * the check station parking areas on placing decoys, or traveling to and from C. Big Game Hunting. We allow Tuesdays, Fridays, and Saturdays the area. hunting of pronghorn antelope only on (closed on Federal holidays). 12. We prohibit snipe hunting in the the controlled ‘‘U’’ Unit of the refuge in 14. You must restrain dogs on a leash assigned pond areas. accordance with State laws and within all designated parking areas and 13. No person may build or maintain regulations and subject to the following vehicle access roads. fires, except in portable gas stoves in conditions: B. Upland Game Hunting. We allow designated parking/overnight stay areas. * * * * * hunting of pheasant only in the free- 14. We only allow overnight stays in 2. We allow access to the unit only roam areas of the refuge in accordance vehicles, motor homes, and trailers at through the designated entrance on with State regulations and subject to the the check station parking areas on Clear Lake Road (also known as County following conditions: Tuesdays, Fridays, and Saturdays Road 136), 4 miles east of the southwest 1. We prohibit pheasant hunting in (closed on Federal holidays). refuge identification sign. the assigned pond area except during a 15. You must restrain dogs on a leash D. Sport Fishing. [Reserved] special 1-day-only pheasant hunt on the within all designated parking areas and first Monday after the opening of the vehicle access roads. Colusa National Wildlife Refuge State pheasant hunting season. B. Upland Game Hunting. *** A. Migratory Game Bird Hunting. We 2. Conditions A1 through A14 apply. 1. We prohibit pheasant hunting in allow hunting of goose, duck, coot, * * * * * the assigned pond/spaced blind area moorhen, and snipe on designated areas except during a special 1-day-only Delevan National Wildlife Refuge of the refuge in accordance with State pheasant hunt on the first Monday after regulations and subject to the following A. Migratory Game Bird Hunting. We the opening of the State pheasant conditions: allow hunting of goose, duck, coot, hunting season. 1. You must obtain a State of moorhen, and snipe on designated areas 2. Conditions A4 through A15 apply. California Department of Fish and of the refuge in accordance with State * * * * *
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Lower Klamath National Wildlife 50 percent blaze orange and visible from the check station parking areas on Refuge both front and back. Outer garments Tuesdays, Fridays, and Saturdays A. Migratory Game Bird Hunting. We may consist of hat or cap, vest, jacket, (closed on Federal holidays). allow hunting of geese, ducks, coots, shirt or coat. 15. You must restrain dogs on a leash moorhens, and snipe on designated 3. The firearms used for hunting must within all designated parking areas and areas of the refuge in accordance with be unloaded while in posted retrieving vehicle access roads. B. Upland Game Hunting. *** State laws and regulations and subject zones and while on hunter access routes open to motor vehicles. 1. We prohibit pheasant hunting in to the following conditions: the assigned pond/spaced blind area 1. In the controlled waterfowl hunting * * * * * except during a special 1-day-only area, we require a Refuge Recreation Sacramento National Wildlife Refuge pheasant hunt on the first Monday after Pass (passholder name/expiration date) the opening of the State pheasant for all hunters age 16 or older. An adult A. Migratory Game Bird Hunting. We allow hunting of goose, duck, coot, hunting season. with a valid Recreation Pass (passholder 2. Conditions A4 through A15 apply. name/expiration date) must accompany moorhen, and snipe on designated areas hunters younger than age 16 who are of the refuge in accordance with State * * * * * regulations and subject to the following hunting in the controlled area. Sacramento River National Wildlife conditions: 2. We require advance reservations for Refuge the first 2 days of the hunting season. 1. You must obtain a State of A. Migratory Game Bird Hunting. We Reservations are obtained through the California Department of Fish and allow hunting of goose, duck, coot, Waterfowl Lottery each year. Wildlife entry permit from the check station prior to entering the hunt area. moorhen, and snipe on designated areas 3. Entry hours begin 11⁄2 hours prior 2. You must return the State of of the refuge in accordance with State to State regulated shoot time unless California Department of Fish and regulations subject to the following otherwise posted. Wildlife entry permit and vacate refuge conditions: 4. Shooting hours end at 1:00 p.m. on no later than 11 2 1. Access to the hunt area on all units all California portions of the refuge with ⁄ hours after legal sunset unless participating in overnight stay in open to public hunting is by boat only, the following exceptions: except on designated units, which are a. The refuge manager may designate accordance with A14. 3. Junior hunters must be accessible by foot traffic or boat. We up to 6 afternoon special youth, ladies, accompanied by an adult (18 years old prohibit bicycles or other conveyances. or disabled hunter waterfowl hunts per or older) at all times while hunting. Mobility-impaired hunters should season; and 4. Access to the hunt area is by foot consult with the refuge manager for b. The refuge manager may designate traffic only. We prohibit bicycles and allowed conveyances. Waterfowl up to 3 days per week of afternoon other conveyances. Mobility-impaired hunting is not allowed on the Mooney waterfowl hunting for the general public hunters should consult with the refuge and Codora Units. after December 1. manager for allowed conveyances. 2. On the Codora Unit, hunting is not 5. The firearms used for hunting must 5. You may enter or exit only at allowed except for junior hunters (16 be unloaded while in posted retrieving designated locations. years old or younger) on weekends only. zones and while on hunter access routes 6. Vehicles may stop only at Junior hunters must possess a valid open to motor vehicles. designated parking areas. We prohibit junior hunting license and be 6. You may not set decoys in the dropping of passengers or accompanied by a nonhunting adult (18 retrieving zones. equipment, or stopping between years or older). 7. We prohibit air-thrust and inboard designated parking areas. 3. We prohibit possession of alcohol. waterthrust boats. 7. The firearms used for hunting must 4. We allow only shotgun hunting. 8. You may possess only approved remain unloaded until you are in 5. The firearms used for hunting must nontoxic shot while in the field (see designated free-roam areas or assigned be unloaded (see § 27.42(b) of this § 32.2(k)). pond/blind areas. chapter) while transporting them 9. You may use only nonmotorized 8. Hunters may use shotguns only. No between parking areas and hunting boats and boats with electric motors on shotguns larger than 12 gauge. areas. ‘‘Unloaded’’ means that no designated motorless units from the 9. Hunters may possess no more than ammunition is in the chamber or start of the hunting season through 25 shotgun shells while in the field. magazine of the firearm. November 30. You may use motorized 10. Hunters may possess only 6. You may possess only approved boats on designated motorless units approved nontoxic shot while in the nontoxic shot while in the field (see from December 1 through the end of field (see § 32.2(k)). You may not § 32.2(k)). hunting season. possess shot size larger than BB, except 7. We prohibit hunting within 50 feet 10. Pit style hunting blinds located in steel ‘‘T’’ (0.20 inch (0.5 centimeter) (15.2 meters) of any boundary adjacent the Stearns units and unit 9D are first- diameter). to private property. come, first-served basis. We require you 11. We restrict hunters assigned to the 8. We prohibit hunting within 150 to hunt within a 200-foot (61-meter) spaced blind area to within 100 feet yards (137.2 meters) of any occupied radius of the blind. (30.5 meters) of their assigned hunt site dwelling, house, residence, or other B. Upland Game Hunting. We allow except for retrieving downed birds, building or any barn or other hunting of pheasant on designated areas placing decoys, or traveling to and from outbuilding used in connection of the refuge in accordance with State the area. therewith. laws and regulations and subject to the 12. We prohibit snipe hunting in the 9. We prohibit fires on the refuge, following conditions: assigned pond areas. except we allow portable gas stoves on 1. You may possess only approved 13. No person may build or maintain gravel bars (see § 27.95(a) of this nontoxic shot while in the field (see fires, except in portable gas stoves in chapter). § 32.2(k)). designated parking/overnight stay areas. 10. We open the refuge for day-use 2. We require you to wear an outer 14. We only allow overnight stays in access from 2 hours before legal sunrise garment above the waist that is at least vehicles, motor homes, and trailers at until 11⁄2 hours after legal sunset. We
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allow access during other hours on Wildlife entry permit and vacate refuge hunters younger than age 16 who are gravel bars only. no later than 11⁄2 hours after legal sunset hunting in the controlled area. 11. We require dogs to be kept on a unless participating in overnight stay in 2. We require advance reservations for leash, except for hunting dogs engaged accordance with A13. the first 2 days of the hunting season. in authorized hunting activities, and 3. Junior hunters must be Reservations are obtained through the under the immediate control of a accompanied by an adult (18 years old) Waterfowl Lottery each year. licensed hunter (see § 26.21(b) of this at all times while hunting. 3. Entry hours begin 11⁄2 hours prior chapter). 4. Access to the hunt area is by foot to State regulated shoot time unless 12. We prohibit permanent blinds. traffic only. We prohibit bicycles and otherwise posted. You must remove all personal property, other conveyances. Mobility-impaired 4. Shooting hours end at 1:00 p.m. on including decoys and boats, by 11⁄2 hunters should consult with the refuge all portions of the refuge with the hours after legal sunset (see §§ 27.93 manager for allowed conveyances. following exceptions: and 27.94 of this chapter). 5. You may enter or exit only at a. The refuge manager may designate 13. We prohibit cutting or removal of designated locations. up to six afternoon special youth, ladies, vegetation for blind construction or for 6. Vehicles may stop only at or disabled hunter waterfowl hunts per making trails (see § 27.51). designated parking areas. We prohibit season; and 14. We prohibit commercial guiding the dropping of passengers or b. The refuge manager may designate (see § 27.97 of this chapter). equipment, or stopping between up to 3 days per week of afternoon B. Upland Game Hunting. *** designated parking areas. waterfowl hunting for the general public 2. Conditions A1 through A3 and A5 7. The firearms used for hunting must after December 1. through A14 apply. remain unloaded until you are in 5. The firearms used for hunting must C. Big Game Hunting. We allow designated free-roam areas or assigned be unloaded when you are more than hunting of black-tailed deer and feral pond/blind areas. 200 feet (61 meters) from the established hogs on designated areas of the refuge 8. Hunters may use shotguns only. No blind stakes. You select blind sites by in accordance with State regulations shotguns larger than 12 gauge. lottery at the beginning of each hunt and subject to the following conditions: 9. Hunters may possess no more than day. You may shoot only from within 1. Conditions A1 through A3, A5, A7 25 shotgun shells while in the field. your assigned blind site. through A14, and B1 apply. 10. Hunters may possess only 2. You may hunt feral hogs from 6. The firearms used for hunting must approved nontoxic shot while in the September 1 through March 15. be unloaded while in posted retrieving field (see § 32.2(k)). You may not 3. We prohibit dogs while hunting zones and while on hunter access routes feral hogs. possess shot size larger than BB, except open to motor vehicles. 4. We prohibit construction or use of steel ‘‘T’’ (0.20 inch (0.5 centimeter) 7. We prohibit the setting of decoys in permanent blinds, platforms, ladders, or diameter). retrieving zones. screw-in foot pegs. 11. We prohibit snipe hunting in the 8. We prohibit air-thrust and inboard 5. You must remove all personal assigned pond areas. water-thrust boats. property, including stands or hunting 12. No person may build or maintain 9. You may possess only approved fires, except in portable gas stoves in blinds, from the refuge by 11⁄2 hour after nontoxic shot while in the field (see legal sunset (see §§ 27.93 and 27.94 of designated parking/overnight stay areas. § 32.2(k)). this chapter). 13. We only allow overnight stays in B. Upland Game Hunting. We allow 6. You may only use shotguns, firing vehicles, motor homes, and trailers at hunting of pheasant on designated areas single shotgun slugs, and archery the check station parking areas on of the refuge in accordance with State equipment for big game hunting only. Tuesdays, Fridays, and Saturdays laws and regulations and subject to the You may only possess non-lead (closed on Federal holidays). following conditions: ammunition while in the field 14. You must restrain dogs on a leash 1. You may possess only approved (consistent with State Law AB711 within all designated parking areas and nontoxic shot while in the field (see related to Wildlife Areas ammunition vehicle access roads. § 32.2(k)). restrictions). B. Upland Game Hunting. We only 2. We require you to wear an outer D. Sport Fishing. *** allow hunting of pheasant in the free- garment above the waist that is at least 1. Conditions A3 and A9 through A14 roam areas of the refuge in accordance 50 percent blaze orange and visible from apply. with State regulations and subject to the both front and back. Outer garments 2. On Packer Lake and Drumheller following conditions: may consist of hat or cap, vest, jacket, North, due to primitive access, we only 1. We prohibit pheasant hunting in shirt or coat. allow boats up to 14 feet (4.3 meters) the assigned pond areas. 3. The firearms used for hunting must and canoes. Electric motors only. 2. Conditions A1 through A14 apply. be unloaded while in posted retrieving * * * * * * * * * * zones and while on hunter access routes open to motor vehicles. Sutter National Wildlife Refuge Tule Lake National Wildlife Refuge * * * * * A. Migratory Game Bird Hunting. We A. Migratory Game Bird Hunting. We ■ 7. Amend § 32.27 by revising allow hunting of goose, duck, coot, allow hunting of geese, ducks, coots, paragraphs A, B, and C under Prime moorhen, and snipe on designated areas moorhens, and snipe on designated Hook National Wildlife Refuge to read of the refuge in accordance with State areas of the refuge in accordance with as follows: regulations and subject to the following State laws and regulations and subject conditions: to the following conditions: § 32.27 Delaware. 1. Visitors must obtain a State of 1. In the controlled waterfowl hunting * * * * * California Department of Fish and area, we require a Refuge Recreation Wildlife entry permit from the check Pass (passholder name/expiration date) Prime Hook National Wildlife Refuge station prior to entering the hunt area. for all hunters age 16 or older. An adult A. Migratory Game Bird Hunting. We 2. Hunters must return the State of with a valid Recreation Pass (passholder allow the hunting of waterfowl, coot, California Department of Fish and name/expiration date) must accompany mourning dove, snipe, and woodcock
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on designated areas of the refuge during obtain an Interagency Access Pass to hunter orange, the material must be designated seasons in accordance with receive a hunting permit for the solid-colored. We prohibit the use of State regulations and subject to the disabled hunting areas. We require hunter-orange camouflage materials to following conditions: wheelchair hunters to have an assistant meet State minimum hunter orange 1. Only hunters aged 16 years and in the disabled hunting areas and to requirements. older may apply for or obtain a lottery hunt from a government-provided blind. 8. We allow the use and possession of hunt area permit (Waterfowl Lottery 14. We allow up to two individuals only nontoxic shot for hunting turkey Application; FWS Form 3–2355). assisting a disabled hunter to hunt (see § 32.2(k)). 2. You must have in your possession waterfowl with the disabled hunter. 9. Conditions A2 through A12, and a signed and current refuge hunt permit 15. Waterfowl hunters must stop A14 apply. (signed brochure) and government- hunting at 3 p.m. and leave the refuge * * * * * issued picture identification on the by 4 p.m. on hunting days except when ■ 8. Amend § 32.28 by: refuge. All permits are non-transferable. snow goose hunting during a snow ■ a. Removing paragraphs C.12 and D.9; Hunting brochures containing hunting goose conservation order. redesignating paragraphs C.4, C.5, C.6, application procedures, permits, 16. We allow the use and possession C.7, C.8, C.9, C.10, C.11, D.6, D.7, and seasons, scouting times, methods of of only nontoxic shot for hunting (see D.8 as C.5, C.6, C.7, C.8, C.9, C.10, C.11, hunting, maps depicting areas open to § 32.2(k)). C.12, D.8, D.9, and D.10, respectively; hunting, and the terms and conditions B. Upland Game Hunting. We allow adding paragraphs C.4, C.13, C.14, C.15, under which we issue hunting permits the hunting of rabbit, quail, pheasant, D.6, D.7, and D.11; revising newly are available at the refuge office and on and red fox on designated areas of the redesignated paragraphs C.9 and C.10, refuge in accordance with State the refuge’s Web site. and paragraph D.3 under Arthur R. regulations and subject to the following 3. Hunting in violation of any Marshall Loxahatchee National Wildlife conditions: Delaware State law is a violation of Refuge. refuge hunting regulations. 1. We prohibit the hunting of squirrel. ■ 2. We allow red fox hunting only b. Revising the entry for 4. We prohibit cutting or damaging Chassahowitzka National Wildlife vegetation for any purpose. We prohibit while concurrently hunting deer in areas open to deer hunting. We prohibit Refuge. the use of natural vegetation for ■ c. Revising paragraph D under Egmont camouflaging a blind (see § 27.51 of this hunting by chase. We prohibit hunting with rimfire or centerfire rifles. Key National Wildlife Refuge. chapter). ■ 3. We allow the use and possession of d. Removing paragraph D.7; 5. Hunting blinds, stands, steps and only nontoxic shot for hunting (see redesignating paragraphs D.4, D.5, and equipment must be portable, and you § 32.2(k)), except that while hunting red D.6 as D.5, D.6, and D.7, respectively; must remove them at the end of each fox concurrently with deer we allow the adding a new paragraph D.4; and day. revising paragraphs D.3 and newly 6. We prohibit practice or target use of shot approved for deer hunting in accordance with State and refuge designated D.7 under Hobe Sound shooting. regulations. National Wildlife Refuge. 7. We prohibit all public entry in ■ 4. Hunters must leave the hunting e. Revising paragraphs D.10, D.11, designated safety zones. 1 D.13, D.16, and D.18 under J.N. ‘‘Ding’’ 8. You may not be on the refuge any area ⁄2 hour after the legal evening shooting time. Darling National Wildlife Refuge. earlier than 2 hours before the legal ■ 5. Conditions A2 through A13 apply. f. Revising paragraphs A.1, A.2, A.4, morning shooting time. C. Big Game Hunting. We allow the A.13, B.2, B.3, B.4, and C, and removing 9. We require all boaters to operate hunting of white-tailed deer and turkey paragraph D.4 under Lower Suwannee their craft and possess all safety on designated areas of the refuge during National Wildlife Refuge. equipment in accordance with Delaware designated seasons in accordance with ■ g. Redesignating paragraphs D.13, State and U.S. Coast Guard regulations State regulations and subject to the D.14, D.15, D.16, and D.17 as D.14, D.15, during refuge hunts (see § 27.32 of this following conditions: D.16, D.17, and D.18, respectively, and chapter). The maximum horsepower 1. Only hunters aged 16 years and adding a new paragraph D.13 under (HP) allowed for boat motors is 30 HP. older may apply for or obtain a lottery Merritt Island National Wildlife Refuge. The Slaughter Canal and Headquarters’ hunt area permit (Quota Deer Hunt ■ h. Revising paragraph D under Canal are slow, no-wake zones. Application, FWS Form 3–2354; Big/ Pinellas National Wildlife Refuge. Designated launching sites must be used Upland Game Hunt Application, FWS ■ i. Revising paragraphs C.2 and C.8 to launch boats. We prohibit the use of Form 3–2356). under St. Marks National Wildlife air-thrust and inboard water-thrust boats 2. We prohibit access by boat from Refuge. on all waters within the refuge Slaughter Creek on Cods Road. The additions and revisions read as boundaries. 3. We prohibit the driving or pushing follows: 10. We allow only three individuals of deer by any means. per blind site in the lottery hunting 4. All deer hunters must be out of the § 32.28 Florida. areas. hunting areas 11⁄2 hours after the legal * * * * * 11. We prohibit motor vehicles off of evening shooting time. All turkey Arthur R. Marshall Loxahatchee designated routes and parking areas. hunters must be out of the hunting areas National Wildlife Refuge 12. We allow the use of dogs to assist one hour after the legal closing time for in hunting and retrieval of harvested turkey hunting. * * * * * game in accordance with State law. We 5. We prohibit the use or possession C. Big Game Hunting. *** prohibit dog training (see § 27.91 of this of buckshot while hunting. Only slugs 4. We prohibit the taking of any other chapter). may be used for hunting deer. plants or wildlife (see § 27.21 of this 13. Only nonambulatory hunters may 6. We prohibit assistants for chapter). hunt in the Island Farm Unit, where we wheelchair hunters from hunting in the * * * * * have provided nonambulatory hunt disabled hunting area. 9. You may take alligators using hand- blinds to accommodate hunters with 7. Any time the State hunting held snares, harpoons, gigs, snatch this need. All disabled hunters must regulations require that hunters display hooks, artificial lures, manually
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operated spears, spear guns, and enforcement officers may be monitoring prohibit possession of lead or other crossbows. We prohibit the taking of VHF Channel 16. toxic shot (§ 20.21(j) of this chapter). alligators using baited hooks, baited * * * * * xiv. Persons possessing, transporting, wooden pegs, or firearms. We allow the or carrying firearms on the refuge must use of bang sticks (a hand-held pole Chassahowitzka National Wildlife comply with all provisions of State and with a pistol or shotgun cartridge on the Refuge local law. Persons may only use end in a very short barrel) with nontoxic A. Migratory Game Bird Hunting. We (discharge) firearms in accordance with ammunition only for taking alligators allow migratory game bird hunting in refuge regulations (see § 27.42 of this attached to a restraining line (see those areas designated as open to chapter and specific refuge regulations § 32.2(k)). Once an alligator is captured, hunting in accordance with applicable in part 32). it must be killed immediately. We Federal and State laws, and subject to xv. We prohibit the marking of trees, prohibit catch and release of alligators. the following conditions: using flagging tape, reflective tacks, and Once the alligator is dead, you must 1. In Citrus County: other similar marking devices; and the lock a CITES tag through the skin of the i. You may take only ducks and coots. cutting/trimming of trees. We prohibit carcass within 6 inches (15.2 ii. We allow waterfowl hunting on driving or screwing any metal object centimeters) of the tip of the tail. The Wednesdays, Saturdays, and Sundays into a tree or hunting from a tree in tag must remain attached to the alligator during those seasons established by the which a metal object has been driven or at all times. State of Florida; however, we may close screwed to support a hunter (see 10. Hunters must complete a Big or alter hunts in cases of emergency 32.2(i)). Game Harvest Report (FWS Form situations. xvi. We prohibit commercial iii. State bag limits apply. 3-2359) and place it in an entrance fee activities, including guiding or iv. We allow the use of dogs in canister each day prior to exiting the participating in a guided hunts (§ 27.97 accordance with State regulations to refuge. A Florida Fish and Wildlife of this chapter). retrieve taken waterfowl. Conservation Commission (FWC) xvii. We prohibit fires. Alligator Harvest Report Form (FWC v. We allow airboats only on the xviii. We prohibit the use of all- Form 1001AT, supplied with your FWC designated airboat route with a refuge terrain vehicles (ATVs)/tracked permit) must be completed by the Special Use Permit (General Activities motorized vehicles. permit holder within 24 hours of taking Special Use Permit Application, FWS each alligator and prior to the transfer Form 3-1383-G) issued by the U.S. Fish 2. In Hernando County: to a permitted alligator processing and Wildlife Service. We prohibit the i. All hunters in Hernando County facility. A copy of the FWC Alligator use of airboats on vegetation. Airboats must comply with the Chassahowitzka Harvest Report Form must accompany must be in compliance with State and Wildlife Management Area regulations, the alligator carcass until processing. An county regulations (§ 27.32 of this including quota hunt requirements, in online version of the form can be found chapter). addition to refuge rules. at MyFWC.com/alligator. vi. We require hunters to possess and ii. Conditions A.1.iii, A.1.iv, A.1.vi, carry a signed, no-cost refuge hunting * * * * * A.1.vii, and A.1.ix through A.1.xviii permit (signed brochure). 13. We allow only one vessel per apply. vii. In addition to State hunter hunting group or party. iii. We allow hunting of rails, education requirements, an adult 14. Conditions A14 through A18 common moorhen, mourning dove, (parent or guardian) age 21 or older apply. white winged dove, snipe, and 15. For emergencies or to report must supervise and remain within sight woodcock during seasons established by violations, contact law enforcement and normal voice contact of any youth the Commission for these species and personnel at 1-800-307-5789. Law hunter age 15 or younger. An adult may listed in the Chassahowitzka Wildlife enforcement officers may be monitoring supervise no more than two (2) youths. Management Area regulations. We allow viii. We prohibit hunting within 100 VHF Channel 16. hunting of geese, duck, and coot on yards (91.4 meters) of any residence or D. Sport Fishing. *** Wednesdays, Saturdays, and Sundays; 3. We allow fishing south of a line of on navigable waterways of however, hunts may be closed or altered latitude of 26.27.130 and in the rim Chassahowitzka River, Seven Cabbage in cases of emergency situations by the canal in the rest of the refuge. We Cut-off, and Mason Creek. U.S. Fish and Wildlife Service. ix. We allow temporary blinds and prohibit fishing in those areas posted as iv. You may use airboats on all decoys, but require all blinds and closed to fishing or to the public. navigable waterways within Hernando decoys to be removed from the refuge * * * * * County with a refuge Special Use Permit daily. (General Activities Special Use Permit 6. We allow commercial guiding by x. We prohibit the use of bait, salt, oil, Application, FWS Form 3-1383-G) Special Use Permit only (Commercial or ingestible attractant. We prohibit issued the U.S. Fish and Wildlife Activities—Special Use Permit taking or attempting to take any game Service. We prohibit the use of airboats Application, FWS Form 3-1383-C). animal with the aid of live decoys, on vegetation. Airboats must be in Contact the Refuge Office at recorded game calls or sounds, set guns, compliance with State and county 561-735-6029 for more information. artificial light, net, trap, snare, drug, or regulations. 7. We allow 12 fishing tournaments a poison (see §§ 20.21 of this chapter and year by Special Use Permit only § 32.2(h)). v. We prohibit hunting within 100 (General Activities—Special Use Permit xi. We prohibit taking or herding of yards (91.4 meters) of any residence. Application, FWS Form 3-1383-G). wildlife from any vessel that is under B. Upland Game Hunting. Contact the Refuge Office at power, until power and movement have 1. [Reserved] 561-735-6029 for more information. ceased (§ 20.21(e) of this chapter). 2. In Hernando County, we allow * * * * * xii. We prohibit target practice. hunting of quail, squirrel, and rabbit in 11. For emergencies or to report xiii. You may use only steel or accordance with Chassahowitzka violations, contact law enforcement approved nontoxic shot for hunting Wildlife Management Area regulations, personnel at 1-800-307-5789. Law migratory game birds (see § 32.2(k)). We and subject to the following conditions:
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i. Conditions A.1.iii, A.1.v through 2. Anglers may only use two poles per (name/address.phone number) through A.1.xii, and A.1.xiv through A.1.xviii, angler and must attend both poles at all the Florida Fish and Wildlife A.2.i, A.2.iv, and A.2.v apply. times. Conservation Commission licensing ii. We prohibit the use of traps or * * * * * Web site, county tax office, or another snares to take game. outlet that sells State licenses. We do iii. You must report harvested game at Hobe Sound National Wildlife Refuge not require youth hunters age 15 and the State Wildlife Management Area * * * * * younger to possess a general refuge hunt Check Station. D. Sport Fishing. *** permit (name/address/phone number). iv. We prohibit hunting of raccoon, * * * * * We do not require State Wildlife bobcat, and otter. 3. We prohibit the disturbance or Management Area stamps. Unless v. You may take feral hog, opossum, taking of sea turtles, their eggs, and their otherwise exempt, we require hunters to armadillo, beaver, coyote, skunk, and nests. We prohibit the taking of any have appropriate archery, muzzleloader, nutria as incidental species with the wildlife, plants, and cultural artifacts deer, and turkey stamps/permits. Unless equipment legal for use during the (see § 27.21 of this chapter). exempt, we require waterfowl hunters to season. 4. We prohibit camping, fires, pets, have appropriate State and Federal C. Big Game Hunting. waterfowl stamps. 1. [Reserved] and the use of metal detectors. 2. In Hernando County, we allow * * * * * 2. We designate open and closed hunting of whitetail deer and turkey, in 7. We prohibit motorized vehicles of refuge hunting areas on the map in the accordance with Chassahowitzka any type on the beach, fire roads, refuge hunt brochure, which the hunter Wildlife Management Area regulations, undesignated routes, and areas posted must possess and carry. The refuge can and subject to the following conditions: as closed (see § 27.31 of this chapter). designate temporary closed hunting i. Conditions B.2.i through B.2.iii and areas at the management’s discretion for J.N. ‘‘Ding’’ Darling National Wildlife refuge management activities B.2.v apply. Refuge ii. We prohibit the use of dogs to take (prescribed burns, forestry, habitat big game and feral hogs. * * * * * restoration, wildlife management). D. Sport Fishing. D. Sport Fishing. *** * * * * * 1. In Citrus County, we allow sport 10. We allow you to launch canoes 4. We prohibit the use of all-terrain fishing on the refuge year-round in areas and kayaks anywhere on the right vehicles (ATVs) and utility-type designated as open in the refuge hunting (north) side of Wildlife Drive. We vehicles (UTVs) (see § 27.31(f) of this and fishing brochure, in compliance prohibit launching motorized vessels chapter). with State fishing regulations and over 14 feet (4.2 meters) in length from * * * * * license requirements, and subject to the Wildlife Drive. We allow launching of following conditions: motorized vessels only 14 feet (4.2 13. We prohibit flagging, reflective i. Conditions A.1.v, A.1.xiv, A.1.xv, meters) or less in length from designated markers, paint, litter, or pins for A.1.xvii, and A.1 xviii apply. site #2. marking in any manner on refuge ii. We allow fishing 24 hours per day, 11. We allow public access to Wildlife property, with the exception of the year-round, except in areas posted Drive and Indigo Trail, except on following: clothes type pins or clips closed. Fridays, when we close Wildlife Drive with reflective or colored markings can iii. All fish must remain in a whole to all public access. See hours posted at be used for the temporary marking of condition while being transported from the front gate or on the refuge Web site vegetation in order to identify a route of the refuge. (http://www.fws.gov/dingdarling/), or travel to or from a tree stand. You must iv. We prohibit harvesting and call 239–472–1100. remove these pins at the end of deer possession of horseshoe crabs, turtles, * * * * * season (see §§ 27.93 and 27.94 of this and snakes. 13. We prohibit all public entry into chapter). Each clothes type pin or clip v. We prohibit the taking of frogs. the impoundments on the left (south) must contain both the name and vi. We permit commercial activities, side of Wildlife Drive. hunting license number of the hunter. including guiding, with a Special Use * * * * * Permit (Commercial Activities Special * * * * * 16. We prohibit the use of cast nets B. Upland Game Hunting. *** Use Permit Application, FWS Form from the left (south) side of Wildlife 2. We will print dates for the refuge 3-1383-C). You must apply for the Drive or any structure affixed to upland game (small game) and raccoon/ permit. opossum hunting seasons in the annual 2. In Hernando County, we allow Wildlife Drive. refuge hunt brochure. Contact the refuge sport fishing on the refuge year-round in * * * * * office for specific dates. areas designated as open in the refuge 18. We prohibit the use of bows and 3. You may use only .17, .22, and .22 hunting and fishing brochure, in spears from Wildlife Drive or any trail magnum caliber rimfire rifle firearms compliance with State fishing or structure affixed to Wildlife Drive. (see § 27.42 of this chapter), bows, or regulations and license requirements, * * * * * shotguns with nontoxic shot no larger and subject to the following conditions: Lower Suwannee National Wildlife than #4 birdshot, or muzzleloader or.40 Conditions D.1.i through D.1.vi apply. Refuge caliber or less when hunting (see Egmont Key National Wildlife Refuge A. Migratory Game Bird Hunting. § 32.2(k)). * * * * * *** 4. We allow night hunting in D. Sport Fishing. We allow sport 1. We require all hunters, ages 16 or accordance with State regulations for fishing on the refuge year-round in areas older, to purchase and possess a general raccoon and opossum during nighttime designated as open and in accordance refuge hunting permit (name/address/ hours from legal sunset until legal with State fishing regulations and phone number) and a State of Florida sunrise. subject to the following conditions: Hunting License to hunt during all C. Big Game Hunting. We allow 1. We allow fishing from designated refuge hunts, unless otherwise exempt. hunting of big game on designated areas refuge beaches during open hours. You can purchase a hunting permit of the refuge in accordance with State
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regulations and subject to the following (2) or more points, except persons State regulations (i.e., un-antlered deer conditions: younger than age 16 may harvest any or antlered deer with both antlers less 1. Conditions A1 through A18 apply. antlered deer with one (1) antler 5 than 5 inches (12.7 centimeters) in 2. During the refuge archery season, inches (12.7 centimeters) or more in length). Otherwise, hunters may harvest hunters may only use archery length. You may take feral hog (no bag one antlerless deer and one antlered equipment in accordance with State or size limit) during the archery, deer per hunt. Hunters must ensure that archery regulations. muzzleloader, and general-gun season. antlered deer have at least 3 points, of 3. During the refuge muzzleloader 14. Hunters may take feral hog (no 1 inch (2.5 centimeters) or more in season, hunters may only use size or bag limit), and a maximum of length on one antler. muzzleloading firearms (see § 27.42 of two deer per day, during the family * * * * * this chapter) in accordance with State hunt, except only one deer may be ■ 9. Amend § 32.29 by: muzzleloader regulations. antlerless for each day of the family ■ a. Adding paragraphs D.5 and D.6 4. We prohibit driving or screwing hunts. under Banks Lake National Wildlife any metal object into a tree or hunting 15. Hunters may take only feral hog Refuge. from a tree in which a metal object has (no size or bag limit) during the feral ■ b. Revising the introductory text of been driven or screwed to support a (wild) hog hunt. paragraphs C and D; revising paragraphs hunter (see § 32.2(i)). 16. Hunters must fill out a bag report C.1, C.10, C.11, C.16, and D.1; removing 5. Temporary tree stands may be left card and check all game harvested paragraphs D.2, D.3, and D.4; on the refuge starting one week before during all deer and hog hunts. redesignating paragraph D.5 as D.2; and archery season and must be removed by 17. Hunters may take only bearded adding paragraphs C.20, C.21, and D.3 the last day of hog season. All tree turkeys and only during the State Zone under Blackbeard Island National stands left on the refuge within the hunt C youth turkey hunts and spring turkey Wildlife Refuge. season must display the hunters name season. ■ c. Revising the introductory text of and hunting license number legibly 18. Shooting hours for spring turkey paragraph A; revising paragraphs A.2, written on or attached to the stand. We begin 1/2 hour before legal sunrise and A.6, A.8, A.9, A.13, A.19, A.24, A.28, may confiscate and dispose of tree end at 1 p.m. B.1, B.2, C.1, D.1, D.4, D.5, and D.6; and stands not in compliance (see §§ 27.93 19. We only allow shotguns with shot adding paragraphs A.30, A.31, A.32, and 27.94 of this chapter). You may use no larger than size 2 common shot or A.33, A.34, A.35, A.36, A.37, A.38, tree stands during small game season, bows and arrows for spring turkey A.39, B.4, B.5, C.6, C.7, D.7, and D.8 but you must remove them by the last hunting. under Bond Swamp National Wildlife day of this season (see § 27.93 of this 20. We prohibit crossbows except Refuge. chapter). with a State-issued disabled crossbow ■ d. Revising the introductory text of 6. All hunters (including all persons permit. You may not use a crossbow paragraphs C and D; revising paragraphs accompanying hunters) must wear a during muzzleloader season. C.1, C.5, C.6, C.7, C.10, C.12, C.14, and minimum of 500 square inches (3,250 * * * * * D.3; and adding paragraphs C.20 and square centimeters) of fluorescent D.5 under Harris Neck National Wildlife orange visible above the waistline while Merritt Island National Wildlife Refuge Refuge. ■ hunting during all refuge deer gun * * * * * e. Removing paragraph B.3; revising hunts. D. Sport Fishing. *** paragraphs C.1, C.2, C.3.ii, D.1, D.4, and 7. We prohibit the use of organized 13. We prohibit fish cleaning on D.5; and adding paragraph D.6 under drives for taking or attempting to take refuge property. Okefenokee National Wildlife Refuge. game. ■ f. Revising paragraphs B.2, B.3, B.4, 8. We will publish the dates of the * * * * * B.7, B.10, C.1, C.3, C.4, C.6, C.7, C.13, refuge general gun season in the annual Pinellas National Wildlife Refuge D.1, D.3, D.4, D.5, D.8, and D.10 and refuge hunt brochure. Contact the refuge adding paragraphs B.12, B.13, B.14, office for specific dates. Consult the * * * * * B.15, B.16, B.17, B.18, B.19, B.20, B.21, Florida State Zone C for current State D. Sport Fishing. We allow fishing in B.22, B.23, B.24, B.25, D.11, and D.12 regulations. refuge-managed waters year-round in under Piedmont National Wildlife 9. The family hunt follows the refuge areas designated as open, in accordance Refuge. general gun season. We will print dates with State regulations and subject to the ■ g. Removing paragraph C.6; revising in the annual refuge hunt brochure. following conditions: the introductory text of paragraphs A, B, Contact the refuge office for specific 1. We allow fishing only from vessels C, and D; redesignating paragraphs A.2, dates. in the waters surrounding Tarpon Key. A.3, A.4, C.1, C.2, C.3, C.4, and C.5 as 10. The refuge will provide an annual 2. We close refuge lands to all public paragraphs A.3, A.4, A.5, C.2, C.3, C.4, feral (wild) hog hunt. We will print use. C.5, and C.6, respectively; revising dates in the annual refuge hunt 3. We prohibit the disturbance of any newly redesignated paragraphs A.4 and brochure. Contact the refuge office for nesting birds, wildlife, or vegetation. C.2; revising paragraphs A.1, B.1, B.2, specific dates. St. Marks National Wildlife Refuge B.6, C.8, D.2, and D.4; and adding 11. During the youth turkey hunt, an paragraphs A.2, A.6, C.1, and D.7 under * * * * * adult age 18 or older must accompany Savannah National Wildlife Refuge. the youth, age 15 and younger, but only C. Big Game Hunting. *** ■ h. Revising the introductory text of the youth hunter may hunt. 2. Conditions B2 and B4 through B11 paragraphs C and D; revising paragraphs 12. We allow hunting of deer (except apply. C.1, C.8, C.9, and C.18; and adding spotted fawns), feral hog (no size or bag * * * * * paragraphs C.21, C.22, D.3, and D.4 limit), gray squirrel, rabbit, armadillo, 8. The bag limit for white-tailed deer under Wassaw National Wildlife Refuge. opossum, raccoon, beaver, and coyote is two deer per scheduled hunt period. ■ i. Revising paragraph D under Wolf during the archery season. We allow hunters to harvest two Island National Wildlife Refuge. 13. We prohibit harvesting antlered antlerless deer per scheduled hunt The revisions and additions read as deer not having one (1) antler with two period. We define antlerless deer per follows:
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§ 32.29 Georgia. designated areas of the refuge in waterfowl. You may only place * * * * * accordance with State regulations and temporary blinds, blind material, and/or subject to the following conditions: decoys on the day of the hunt, and you Banks Lake National Wildlife Refuge * * * * * must remove them by 1:00 p.m. on that * * * * * 2. We require you to possess and carry same day. D. Sport Fishing. *** a signed refuge hunt permit (signed B. Upland Game Hunting. *** 5. We permit commercial fishing only brochure) and an additional refuge 1. Conditions A1, A3 through A8, A10 by Special Use Permit (Commercial quota hunt permit for the quota hunts through A12, and A14 through A38 Activities Special Use Permit while hunting. You may obtain this apply. Application, FWS Form 3–1383–C) permit and an application for the quota 2. We require you to possess and carry issued by the refuge manager. hunt from the refuge office. a signed refuge hunt permit (signed 6. We permit fishing tournaments by brochure) while hunting for upland * * * * * game. The hunt brochure will serve as Special Use Permit (General Activities 6. We allow only nontoxic shot for Special Use Permit Application, FWS your hunt permit. You may obtain this hunting with the use of a shotgun in permit from the refuge office. Form 3–1383–G) issued by the refuge designated areas (see § 32.2(k)). manager (fees may apply). * * * * * * * * * * 4. We allow the use of hunting dogs Blackbeard Island National Wildlife 8. We allow access to the hunt area while hunting for squirrel, rabbit, and Refuge from 2 hours before legal sunrise until quail. 2 hours after legal sunset. * * * * * 5. You may place tree stands and 9. We allow the use of hunting dogs C. Big Game Hunting. We allow hunting blinds during upland game and for retrieving downed waterfowl during hunting of white-tailed deer and feral big game hunts on the day prior to each waterfowl hunts. hog on designated areas of the refuge in upland game and big game hunt. You accordance with State regulations and * * * * * must remove tree stands and hunting subject to the following conditions: 13. We prohibit entry into the blinds by 11:00 a.m. on the day after the 1. We require a refuge hunt permit designated hunt area by nonhunters hunt. (name/address/phone number) for all during all quota deer-gun and waterfowl C. Big Game Hunting. *** hunters age 16 and older, which must be hunts. 1. Conditions A1 through A8, A10 signed and carried at all times when * * * * * through A18, A20 through A38, and B5 hunting. We charge a fee for all hunt 19. Youth hunters age 15 and younger apply. permits. must remain within sight and normal * * * * * * * * * * voice contact of an adult age 21 or older 6. For archery hunting, we require 10. We prohibit the use of organized possessing a valid hunting license. you to possess and carry a signed refuge drives for taking or attempting to take * * * * * hunt permit (signed brochure) while game. 24. We prohibit all-terrain vehicles hunting. You may obtain this permit 11. Hunters may take five deer (no (ATVs) on the refuge except by from the refuge office. more than two antlered), and we will wheelchair-bound hunters with a refuge 7. Youth hunters age 15 and younger issue State bonus tags for two of these. Special Use Permit (General Activities— must remain within sight and normal There is no bag limit on feral hog. Special Use Permit Application, FWS voice contact of an adult age 21 or older Form 3–1383–G). possessing a valid hunting license. One * * * * * adult may supervise no more than one 16. We close the refuge to the * * * * * youth hunter. nonhunting public on all hunt days. 28. We prohibit leaving vehicles, boats, trailers, or decoys on the refuge D. Sport Fishing. *** * * * * * overnight (see § 27.93 of this chapter). 1. We allow fishing from March 1 to 20. We prohibit hunters from bringing October 31, except on the Ocmulgee * * * * * firewood to the refuge. River, which is open to fishing 30. We prohibit the possession or use 21. Persons possessing, transporting, year-round. of any suppressors or silencers on any or carrying firearms on national wildlife * * * * * refuges must comply with all provisions firearm. 31. We prohibit the possession or use 4. We allow boat launching at the of State and local law. Persons may only Stone Creek Boat Launch. During use (discharge) firearms in accordance of any trail or game camera or leaving any other electronic device on the periods of high water, we allow boats to with refuge regulations (see § 27.42 of be launched from refuge roads normally this chapter and specific refuge refuge. 32. We prohibit the possession or use open to vehicle traffic. We allow regulations in part 32). of any night vision or thermal imaging gasoline motors only during periods of D. Sport Fishing. We allow fishing on equipment. high water as defined as a reading of designated areas of the refuge in 33. We prohibit the possession or use 18.0 feet (5.5 meters) or higher at the accordance with State regulations and of any electronic calls. Macon Gauge on the Ocmulgee River. subject to the following conditions: 34. We prohibit the training of dogs or 5. Conditions A3, A4, A11, A15, A16, 1. We allow saltwater fishing year- release of birds. A20 through A32, and A36 through A38 round in the estuarine waters adjacent 35. We prohibit falconry. apply. to the refuge. 36. We prohibit bicycles on foot travel 6. We prohibit use or possession of * * * * * roads or off road. We restrict bicycles to alcoholic beverages while fishing on the 3. We require a Georgia fishing license roads designated open to vehicles. refuge. and Saltwater Information Program (SIP) 37. We prohibit audio equipment 7. We require you to possess and carry permit. such as radios, other noise-making a signed refuge fishing permit (signed devices, or generators. brochure) while fishing. You may obtain Bond Swamp National Wildlife Refuge 38. We prohibit horses or mules. this permit from the refuge office. A. Migratory Game Bird Hunting. We 39. We prohibit construction of or 8. Youth fishermen age 15 and allow hunting of waterfowl on hunting from permanent blinds for younger must remain within sight and
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normal voice contact of an adult age 21 Okefenokee National Wildlife Refuge 3. You must possess and carry a or older possessing a valid fishing * * * * * signed refuge hunt permit (signed license. C. Big Game Hunting. *** brochure) while hunting. You may * * * * * 1. In the Pocket Unit: obtain the permit from the refuge office. 4. We require a signed refuge hunt Harris Neck National Wildlife Refuge i. We only allow archery hunting and foot traffic. permit (signed brochure) to hunt on the * * * * * ii. You must sign in and out daily. Hitchiti Experimental Forest in C. Big Game Hunting. We allow iii. You must remove tree stands daily accordance with refuge hunting seasons hunting of white-tailed deer and feral (see § 27.93 of this chapter). and regulations. hog on designated areas of the refuge in iv. We prohibit the use of dogs. * * * * * accordance with State regulations and v. We prohibit hunting within 50 7. We allow access to the hunt area subject to the following conditions: yards (45.7 meters) of any road opened from 2 hours before legal sunrise until 1. We require a refuge hunt permit for vehicular access. 2 hours after legal sunset. (name/address/phone number) for all vi. We prohibit possessing a cocked * * * * * hunters age 16 and older, which must be crossbow in a motor vehicle. 10. You may use dogs on designated signed and carried at all times when vii. We allow scouting 7 days prior to areas of the refuge for hunting quail, hunting. We charge a fee for all hunt scheduled hunt. squirrel, rabbit, raccoon, and opossum permits. viii. We prohibit shooting from a in accordance with State regulations. * * * * * motor vehicle. * * * * * 5. We prohibit hunting within 100 2. In the Suwanee Canal Unit: 12. We prohibit use or possession of yards (91.4 meters) of Harris Neck Road, i. We only allow two 1⁄2-day hunts alcoholic beverages while hunting on the refuge entrance drive, Visitor (dates will be announced) and shotguns the refuge (see § 32.2(j)). Contact Station/Office, Barbour River with slugs or muzzleloaders. 13. Persons possessing, transporting, Landing, Barbour River Road, or Gould’s ii. We require a refuge permit (Big/ or carrying firearms on national wildlife Cemetery. Upland Game Hunt Application, FWS refuges must comply with all provisions 6. We require hunters to check-in and Form 3–2356) through refuge lottery (fee of State and local law. Persons may only out each hunt day. Personal will be announced). use (discharge) firearms in accordance identification is required. iii. Hunters must remain on stands with refuge regulations (§ 27.42 of this 7. We require hunters to check all from 30 minutes before legal sunrise chapter and specific refuge regulations harvested game at the check station until 9 a.m. in part 32). before leaving the refuge each day. iv. You must sign in and sign out 14. We prohibit possession or use of * * * * * daily. any suppressors or silencer on any 10. Hunters must enter the refuge v. You must tag your deer with firearms. through the main entrance gate. We special refuge tags (obtained from 15. We prohibit possession or use of prohibit entry by boat. Refuge Office). There is a limit of two trail or game cameras or leaving any * * * * * deer of either sex per day. other electronic device on the refuge. 12. During the gun hunt, we allow vi. We zone Chesser Island Hunt area 16. We prohibit possession or use of only shotguns (20 gauge or larger; slugs to accommodate wheelchair hunters. any night vision or thermal imaging only), muzzleloaders, and bows in vii. We prohibit hunting with dogs. equipment. accordance with State regulations. viii. We allow scouting 7 days prior 17. We prohibit possession or use of to scheduled hunt. * * * * * any electronic calls. ix. We prohibit shooting from a motor 14. During the gun hunt, hunters must 18. We prohibit training of dogs or vehicle. wear an outer garment with a minimum release of birds. x. We prohibit taking or possessing of 500 square inches (3,250 square 19. We prohibit falconry. any wildlife except during an open centimeters) of hunter-orange material 20. We prohibit bicycles on foot travel season for that species. above the waistline. roads or off road. We restrict bicycles to xi. Condition C.1.iii applies. gravel roads designated open to * * * * * 3. * * * vehicles. 20. Persons possessing, transporting, ii. Conditions B.1, C.1.iii, and C.1.iv 21. We prohibit overnight camping or carrying firearms on national wildlife apply. and/or parking. refuges must comply with all provisions D. Sport Fishing. *** 22. We prohibit horses or mules. of State and local law. Persons may only 1. You may use only 10 horsepower 23. We prohibit taking, collecting, or use (discharge) firearms in accordance motors or less on the refuge. disturbing any artifact, property, plant, with refuge regulations (§ 27.42 of this * * * * * wildlife, or part thereof, other than that chapter and specific refuge regulations 4. We prohibit paddleboarding, air specifically allowed by refuge regulation in part 32). boats, swimming, and wading. (see §§ 27.61 and 27.62 of this chapter). D. Sport Fishing. We allow fishing on 5. All boats must be off the water by 24. We prohibit open fires. designated areas of the refuge in posted time. 25. Youth hunters age 15 and younger accordance with State regulations and 6. In the Suwannee Canal Unit, we must remain within sight and normal subject to the following conditions: prohibit fishing in ponds and canals voice contact of an adult age 21 or older * * * * * along Swamp Island Drive. possessing a valid hunting license. 3. We close the Barbour Landing (boat C. Big Game Hunting. *** ramp and parking areas) to the public Piedmont National Wildlife Refuge 1. Conditions B4 through B7, B12 from 12 a.m. (midnight) to 4 a.m. * * * * * through B18, B20, and B22 through B24 * * * * * B. Upland Game Hunting. *** apply. 5. We require a Georgia fishing license 2. We coordinate seasons and limits * * * * * and Saltwater Information Program (SIP) with the State and annually list them in 3. We require you to possess and carry permit. the refuge hunt brochure. a signed refuge hunt permit (signed
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brochure) while archery hunting. You Savannah National Wildlife Refuge 8. We allow shotguns with only #2 may obtain this permit from the refuge A. Migratory Game Bird Hunting. We shot or smaller and bows, in accordance office. allow hunting of duck and coot on with State regulations, for turkey 4. We require you to possess and carry designated areas of the refuge north of hunting. We prohibit the use of slugs or a signed refuge hunt permit (signed Georgia Highway 25/South Carolina buckshot for turkey hunting. brochure), pay a fee for the quota Highway 170 in accordance with State * * * * * firearms hunts, and possess and carry an regulations and subject to the following D. Sport Fishing. We allow fishing on additional refuge quota hunt permit conditions: designated areas of the refuge in (name/address/phone number) for the 1. For all hunters age 16 and older, we accordance with State regulations and quota hunts. You may obtain require a refuge hunt permit, which subject to the following conditions: applications and information about the must be signed and carried at all times * * * * * hunt drawing from the refuge office. when hunting. We charge a fee for all 2. Anglers may fish in Kingfisher * * * * * hunt permits. Pond and all tidal creeks year-round. 6. We prohibit entry into designated 2. To participate in the youth * * * * * hunt areas by nonhunters during all waterfowl hunt, youth hunters must 4. Anglers may bank fish year-round quota deer hunts and the disabled deer submit the Waterfowl Lottery throughout the refuge, unless otherwise hunts. Application (FWS Form 3–2355). We posted. 7. We prohibit overnight camping require an application fee to enter the * * * * * and/or parking except in the designated hunt drawing. 7. We require a Georgia fishing license campground at Pippins Lake. You must * * * * * for fishing in Georgia waters; we require have a valid, paid refuge quota hunt 4. We prohibit hunting within 100 a South Carolina freshwater fishing permit (name/address/phone number) yards (91.4 meters) of Georgia Highway license for fishing in South Carolina during big game quota hunts or a signed 25/South Carolina Highway 170. waters (includes refuge impoundments and bank fishing from Laurel Hill refuge hunt permit (signed brochure) * * * * * Wildlife Drive). during the archery hunt to enter and use 6. Persons possessing, transporting, or the campground. carrying firearms on national wildlife Wassaw National Wildlife Refuge * * * * * refuges must comply with all provisions * * * * * 13. We prohibit all-terrain vehicles of State and local law. Persons may only C. Big Game Hunting. We allow (ATVs) on the refuge except by use (discharge) firearms in accordance hunting of white-tailed deer and feral wheelchair-bound hunters with a with refuge regulations (§ 27.42 of this hog on designated areas of the refuge in special use permit (General Activities— chapter and specific refuge regulations accordance with State regulations and Special Use Permit Application, FWS in part 32.) subject to the following conditions: Form 3–1383–G). B. Upland Game Hunting. We allow 1. We require a refuge hunt permit, for * * * * * hunting of squirrel on designated areas all hunters age 16 and older, which of the refuge in accordance with State must be signed and carried at all times D. Sport Fishing. *** regulations and subject to the following when hunting. We charge a fee for all 1. We allow fishing from March 15 to conditions: hunt permits. September 30. 1. Conditions A1 and A6 apply. * * * * * * * * * * 2. We only allow rimfire rifles or 8. We allow only bows and 3. You may keep the following shotguns with #2 shot or smaller for muzzleloading rifles, in accordance numbers of fish each day: bass—5, squirrel hunting. with State regulations, for deer and hog channel catfish—5, sunfish or bream— * * * * * hunting during primitive weapons hunt. 15, and crappie—15. 6. Youth hunters age 15 and younger 9. We allow only shotguns (20 gauge 4. We allow nonmotorized boats or must remain within sight and normal or larger; slug only), center-fire rifles boats with electric motors on all ponds voice contact of an adult age 21 or older, (.22 caliber or larger), bows, and designated as open to fishing. possessing a license. One adult may primitive weapons, in accordance with 5. We prohibit use or possession of supervise no more than one youth State regulations, for deer and hog alcoholic beverages while fishing on the hunter. hunting during the gun hunt. refuge. C. Big Game Hunting. We allow * * * * * * * * * * hunting of white-tailed deer, turkey, and 18. We will close the refuge to the feral hog on designated areas of the nonhunting public on all hunt days. 8. We prohibit the use of fish for bait refuge in accordance with State and the possession of minnows. * * * * * regulations and subject to the following 21. We prohibit hunters from bringing * * * * * conditions: firewood to the refuge. 10. We prohibit possession or take of 1. Conditions A1, A6, B3, B4, and B6 22. Persons possessing, transporting, grass carp. You must immediately apply. or carrying firearms on national wildlife release any grass carp caught. 2. To participate in the gun hunt for refuges must comply with all provisions 11. We require you to possess and wheelchair-dependent hunters, hunters of State and local law. Persons may only carry a signed refuge fishing permit must submit the Quota Deer Hunt use (discharge) firearms in accordance (signed brochure) while fishing. You Application (FWS Form 3-2354). To with refuge regulations (§ 27.42 of this may obtain this permit from the refuge participate in the Youth Turkey Hunt & chapter and specific refuge regulations office. Learn Weekend, youth hunters must in part 32.) 12. Youth fishermen age 15 and submit the Big/Upland Game Hunt D. Sport Fishing. We allow fishing on younger must remain within sight and Application (FWS Form 3–2356). We designated areas of the refuge in normal voice contact of an adult age 21 require an application fee to enter these accordance with State regulations and or older possessing a valid fishing hunt drawings. subject to the following conditions: license. * * * * * * * * * *
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3. We prohibit freshwater fishing. B. Upland Game Hunting. *** 1. Condition A2 applies, except for 4. We require a Georgia fishing license 1. Conditions A1, A2, A4, A5, and A6 when hunting for white-tailed deer. and Saltwater Information Program (SIP) apply. 2. We prohibit construction or use of permit. * * * * * permanent blinds, platforms, or ladders Wolf Island National Wildlife Refuge C. Big Game Hunting. *** (see § 27.92 of this chapter). 1. Conditions A1, A2, A4, and A5 3. We only allow portable tree stands * * * * * apply. Condition A6 applies to wild from September 1 through January 31 of D. Sport Fishing. Anglers may fish in turkey only. each year. The hunter’s full name, designated areas of the refuge in * * * * * address, and State-generated hunter accordance with State regulations and identification number must be subject to the following conditions: Emiquon National Wildlife Refuge permanently attached in a visible 1. We allow saltwater fishing year- location on the stand. Limit one stand round in the estuarine waters adjacent A. Migratory Game Bird Hunting. *** per hunter. to the refuge. 4. We prohibit hunting over or placing 2. We close all beach, marsh, and 5. For hunting, you may use or on the refuge any salt or other mineral upland areas to the public. possess only approved nontoxic shot 3. We require a Georgia fishing license shells while in the field, including shot blocks (see § 32.2(h)). and Saltwater Information Program (SIP) shells used for hunting wild turkey (see 5. On the Fox Island Division, we permit. § 32.2(k)). only allow deer hunting during the B. Upland Game Hunting. We allow Statewide archery deer season only. * * * * * 6. On the Cherry Box and Hickory ■ 10. Amend § 32.32 by: upland game hunting on designated ■ a. Adding paragraph B.6 under Crab areas of the refuge in accordance with Creek divisions, we allow deer hunting Orchard National Wildlife Refuge. State regulations and subject to the during the Statewide archery deer ■ b. Adding paragraph A.6, revising following condition: Conditions A4 and season and special State-managed paragraphs B.1 and C.1, and removing A5 apply. hunts. paragraph C.3 under Cypress Creek C. Big Game Hunting. *** 7. On the Delair Division, we only National Wildlife Refuge. 1. Condition A4 applies. Condition allow deer hunting during special ■ c. Adding paragraph A.5, and revising A5 applies to wild turkey only. managed hunts and subject to the paragraphs B and C.1 under Emiquon * * * * * following conditions: National Wildlife Refuge. i. You must possess and carry a refuge ■ d. Revising paragraphs A, B, and C Great River National Wildlife Refuge permit (hunt letter) when hunting. under Great River National Wildlife A. Migratory Game Bird Hunting. We ii. You must register at the hunter Refuge. allow hunting of waterfowl and coot on sign-in/out station and record the sex ■ e. Adding paragraph A.4; revising the Long Island Division of the refuge in and age of deer harvested on the Big paragraphs B.2 and C.1; removing accordance with State and Federal Game Harvest Report (FWS Form 3– paragraph C.3; and redesignating regulations and subject to the following 2359). paragraphs C.4, C.5, and C.6 as C.3, C.4, conditions: iii. Shooting hours end at 3 p.m. each and C.5, respectively, under Middle 1. We allow hunting only from blinds day. Mississippi River National Wildlife constructed on sites posted by the 8. On the Long Island Division, we Refuge. Illinois Department of Natural allow deer and turkey hunting in ■ f. Revising paragraphs A, B, and C, Resources. accordance with State seasons and and adding paragraph D.6 under Port 2. For hunting, you may use or regulations. Louisa National Wildlife Refuge. possess only approved nontoxic shot 9. On the Fox Island, Cherry Box, and ■ g. Revising the introductory text of shells while in the field, including shot Hickory Creek Divisions, we allow paragraphs A, B, and C; adding shells used for hunting wild turkey (see turkey hunting during the state spring paragraphs A.3 and B.3; and revising § 32.2(k)). season, youth season, and fall archery paragraphs B.2 and C.3 under Two B. Upland Game Hunting. We allow season. Rivers National Wildlife Refuge. hunting of small game, furbearers, and * * * * * The additions and revisions read as game birds on the Long Island, Fox Middle Mississippi River National follows: Island, Cherry Box, and Hickory Creek Wildlife Refuge § 32.32 Illinois. Divisions of the refuge in accordance A. Migratory Game Bird Hunting. * * * * * with State regulations and subject to the following conditions: *** Crab Orchard National Wildlife Refuge 1. Condition A2 applies. 4. For hunting, you may use or * * * * * 2. We open refuge divisions for possess only approved nontoxic shot B. Upland Game Hunting. *** upland game hunting from 1⁄2 hour shells while in the field, including shot 6. For hunting, you may use or before legal sunrise to 1⁄2 hour after legal shells used for hunting wild turkey (see possess only approved nontoxic shot sunset. § 32.2(k)). shells (see § 32.2(k)). 3. We allow hunting with shotgun B. Upland Game Hunting. *** * * * * * only during the Statewide upland game 2. Condition A4 applies. season. C. Big Game Hunting. *** Cypress Creek National Wildlife Refuge 4. We close Fox Island Division to all 1. Conditions A1 and A2 apply. A. Migratory Game Bird Hunting. upland game hunting from October 16 Condition A4 applies to wild turkey *** through December 31. only. 6. For hunting, you may use or C. Big Game Hunting. We allow * * * * * possess only approved nontoxic shot hunting of white-tailed deer and turkey shells while in the field, including shot on designated portions of the refuge in Port Louisa National Wildlife Refuge shells used for hunting wild turkey (see accordance with State regulations and A. Migratory Game Bird Hunting. We § 32.2(k)). subject to the following conditions: allow hunting of migratory game birds
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on designated areas of the refuge in Two Rivers National Wildlife Refuge 1. Conditions B1, B5, and B7 apply. accordance with State regulations and A. Migratory Game Bird Hunting. We Condition B4 applies only to wild subject to the following conditions: allow hunting of migratory game birds turkey. 1. We allow hunting of migratory only on the Apple Creek Division and * * * * * game birds on the Big Timber Division the portion of the Calhoun Division east 7. We require all hunters to display a and Iowa River Corridor Lands. We of the Illinois River Road in accordance Big Game Harvest Report (FWS Form 3– prohibit hunting of migratory game with State regulations and subject to the 2359), with name and date filled in, on birds on the Louisa, Horseshoe Bend, following conditions: their vehicle dashboard while hunting. and Keithsburg Divisions. Hunters may obtain a copy of the Big 2. You must remove boats, decoys, * * * * * 3. For hunting, you may use or Game Harvest Report at registration and portable blinds (see § 27.93 of this boxes. Deer and turkey hunters must chapter) at the end of each day. possess only approved nontoxic shot shells while in the field, including shot leave the completed form at a 3. For hunting, you may use or registration box before departing the shells used for hunting wild turkey (see possess only approved nontoxic shot refuge. shells (see § 32.2(k)). § 32.2(k)). 4. On the Big Timber Division, we B. Upland Game Hunting. We allow * * * * * upland game hunting for wild turkey, D. Sport Fishing. *** allow portable blinds on a daily basis at 7. We allow only children younger any location on first-come, first-served small game, furbearers, and nonmigratory game birds on the Apple than age 16 to fish in the Discovery basis. Pond. B. Upland Game Hunting. We allow Creek Division and the portion of the hunting of upland game on designated Calhoun Division east of the Illinois Patoka River National Wildlife Refuge areas of the refuge in accordance with River Road in accordance with State and Management Area regulations and subject to the following State regulations and subject to the * * * * * following conditions: conditions: B. Upland Game Hunting. *** 1. We allow hunting of upland game * * * * * 1. Hunters must register to hunt on the Big Timber, Keithsburg, and 2. We allow turkey hunting only on furbearers at the refuge office, record the Horseshoe Bend Divisions, and on Iowa the Clarksville Island Division. We number of furbearers harvested on the River Corridor Lands. We prohibit restrict turkey hunting to archery only Upland Game Hunt Report (FWS Form hunting of upland game on any other in the fall and shotgun or archery in the 3–2362), and return the completed form areas of the refuge. spring. to the refuge office after the hunting 2. Condition A3 applies to upland 3. Condition A3 applies. season. game. You may use lead shot to hunt C. Big Game Hunting. We allow turkey. We allow shotgun slug or * * * * * hunting of white-tailed deer on the C. Big Game Hunting. We allow muzzleloading rifle for hunting coyotes. Apple Creek Division and the portion of 3. We only allow squirrel hunting on hunting of white-tailed deer and wild the Calhoun Division east of the Illinois turkey in accordance with State the Keithsburg Division from the River Road in accordance with State beginning of the State season to regulations and subject to the following regulations and subject to the following conditions: September 15. conditions: 4. We allow hunting on the Horseshoe * * * * * Bend Division from September 1 until * * * * * 3. On the Columbia Mine Unit, you 3. We restrict white-tailed deer September 15 and December 1 until the may only hunt white-tailed deer during end of the State seasons. We allow hunting on the Clarksville Island the first week (7 days) of the following spring turkey hunting. Division to archery only. State-defined seasons: archery, firearms, 5. We allow hunting on the Big * * * * * and muzzleloader. Timber Division from September 1 until ■ 11. Amend § 32.33 by: 4. On the Columbia Mine Unit, you the end of the State seasons. We allow ■ a. Revising paragraphs B.4, C.1, C.7, may only hunt wild turkey during the spring turkey hunting. and D.7 under Muscatatuck National State-defined spring season. We prohibit C. Big Game Hunting. We allow Wildlife Refuge. fall season wild turkey hunting on the hunting of white-tailed deer on ■ b. Revising the introductory text of Columbia Mine Unit. designated areas of the refuge in paragraph C; revising paragraphs B.1, 5. On the Columbia Mine Unit, you accordance with State regulations and C.3, and D.2.iii; and adding paragraphs may leave portable tree stands overnight subject to the following conditions: C.4, C.5, and C.6 under Patoka River only when the unit is open to hunting 1. We allow hunting of white-tailed National Wildlife Refuge and and for a 2-day grace period before and deer only on Big Timber Division, on Management Area. after the special season. Horseshoe Bend Division, and on Iowa The additions and revisions read as 6. Conditions A6 through A8 apply. River Corridor Lands. We prohibit follows: D. Sport Fishing. *** hunting of white-tailed deer on any 2.*** § 32.33 Indiana. other areas of the refuge. iii. The minimum size limit for 2. We only allow the use of portable * * * * * largemouth bass on Snakey Point Marsh and on the Columbia Mine Unit is 14 stands, and hunters must remove them Muscatatuck National Wildlife Refuge at the end of each day (see § 27.93 of inches (35.6 centimeters). this chapter). * * * * * * * * * * 2. We close Horseshoe Bend Division B. Upland Game Hunting. *** ■ 12. Amend § 32.34 by: to all public access from September 15 4. For hunting, you may use or ■ a. Adding, in alphabetical order, an until December 1. possess only approved nontoxic shot entry for Iowa Wetland Management D. Sport Fishing. *** shells while in the field, including shot District. 6. We allow sport fishing on Iowa shells used for hunting wild turkey (see ■ b. Revising the introductory text of River Corridor lands subject to the § 32.2(k)). paragraphs A and B, and adding following condition: Condition D4 * * * * * paragraph C.5 under Northern Tallgrass applies. C. Big Game Hunting. *** Prairie National Wildlife Refuge.
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■ c. Revising paragraphs A.1, A.2, A.3, 1. We allow hunters on the refuge 7. Deer hunters may possess only shot A.4, B.2, B.4 and C; revising the from 1 hour before legal sunrise until 1 shells that shoot a single projectile (i.e., introductory text of paragraph B; hour after legal sunset. slugs). removing paragraph D.1; redesignating 2. For hunting, you may use or 8. We prohibit turkey hunting in the paragraphs D.2, D.3, and D.4 as D.1, D.2, possess only approved nontoxic shot Core Area at all times. and D.3, respectively; and revising shells while in the field, including shot 9. We only allow turkey hunters on newly designated paragraph D.2 under shells used for hunting wild turkey (see the refuge from 1 hour before legal Union Slough National Wildlife Refuge. § 32.2(k)). sunrise until 1 hour after legal sunset. The revisions and addition read as 3. We allow boats or other floating 10. We allow the use of temporary follows: devices. We allow electric motors only. stands, blinds, platforms, or ladders. You may construct blinds using § 32.34 Iowa. We prohibit the use of air-thrust boats. You may not leave boats unattended. manmade materials or natural * * * * * 4. You may construct blinds using vegetation found on the refuge. We Iowa Wetland Management District manmade materials or natural prohibit bringing plants or their parts vegetation found on the refuge. We onto the refuge. A. Migratory Game Bird Hunting. We 11. We prohibit entry into any closed allow hunting of migratory game birds prohibit bringing plants or their parts onto the refuge. area to retrieve downed game, unless throughout the district in accordance the hunter has received written with State regulations and subject to the * * * * * permission from the refuge manager. following condition: For hunting, you B. Upland Game Hunting. We allow D. Sport Fishing. *** may use or possess only approved hunting of pheasant, gray partridge, 2. We allow fishing from boats on the nontoxic shot shells while in the field, cottontail rabbit, squirrel (fox and gray), Buffalo Creek Bottoms; however, we including shot shells used for hunting groundhog, raccoon, opossum, fox, prohibit the use of gasoline motors. wild turkey (see § 32.2(k)). coyote, and crow on Buffalo Creek * * * * * B. Upland Game Hunting. We allow Bottoms, Schwob Marsh, and the Core ■ 13. Amend § 32.36 by revising the upland game hunting throughout the Area in accordance with State entry for Reelfoot National Wildlife district in accordance regulations and subject to the following Refuge to read as follows: with State regulations and subject to conditions: the following condition: For hunting, * * * * * § 32.36 Kentucky. you may use or possess only approved 2. We prohibit possession of shotgun * * * * * nontoxic shot shells while in the field, slugs. including shot shells used for hunting Reelfoot National Wildlife Refuge wild turkey (see § 32.2(k)). * * * * * 4. Conditions A2, A6, A7, and A8 Refer to § 32.62 Tennessee for C. Big Game Hunting. We allow big regulations. game hunting throughout the district in apply. C. Big Game Hunting. We allow * * * * * accordance with State regulations. ■ hunting of deer and turkey on Buffalo 14. Amend § 32.37 by: D. Sport Fishing. [Reserved] ■ a. Revising paragraphs A.1, A.10, * * * * * Creek Bottoms, Schwob Marsh, and the Core Area in accordance with State A.15, B.4, and C.12 under Bayou Northern Tallgrass Prairie National Cocodrie National Wildlife Refuge. regulations and subject to the following ■ Wildlife Refuge conditions: b. Revising paragraphs A.5, B.1, and C.8, and adding paragraph B.5 under Big 1. Conditions B1 and A8 apply. A. Migratory Game Bird Hunting. We Branch Marsh National Wildlife Refuge. Condition A2 applies only to wild allow hunting of ducks, geese, ■ c. Revising paragraphs A.3, A.4, A.7, turkey. mergansers, coots, rails (Virginia and A.9, B.4, B.5, and C.6; removing sora only), woodcock, snipe, and doves 2. Deer hunters in the Core Area must paragraphs C.7 and C.9; redesignating (mourning and Eurasian collared) on possess a valid State deer hunting paragraphs C.8, C.10, C.11, and C.12 as designated areas in accordance with license and an unfilled State-issued C.7, C.8, C.9, and C.10, respectively; State regulations and subject to the transportation tag. revising newly designated paragraphs following conditions: 3. We allow portable tree stands, C.7 and C.8; and adding paragraph D.8 * * * * * portable blinds, and freestanding under Bogue Chitto National Wildlife B. Upland Game Hunting. We allow elevated platforms to be left on the Refuge. hunting of ring-necked pheasant, refuge from 7 days prior to the first deer ■ d. Revising paragraph A.2 under bobwhite quail, gray partridge, hunting season; they must be removed Cameron Prairie National Wildlife cottontail rabbit, squirrel (fox and gray), prior to 7 days following the last deer Refuge. groundhog, raccoon, opossum, fox (red hunting season. Turkey hunters must ■ e. Revising paragraphs A.1, A.3, A.7, and gray), coyote, badger, striped skunk, remove blinds and stands each day. B.2, and C.3 under Cat Island National and crow on designated areas in 4. You must label portable tree stands, Wildlife Refuge. accordance with State regulations and portable blinds, and freestanding ■ f. Revising paragraph A.3 under subject to the following conditions: elevated platforms with your name, Lacassine National Wildlife Refuge. * * * * * address, and phone number if left ■ g. Revising paragraph A.3 under C. Big Game Hunting. *** unattended. The label must be legible Sabine National Wildlife Refuge. 5. While hunting wild turkey, you from the ground. ■ h. Redesignating paragraphs A.1, A.2, may use only approved nontoxic shot 5. You must remove any other A.3, A.4, A.5, A.6, A.7, A.8, A.9, A.10, shells (see § 32.2(k)). personal property brought onto the area A.11, D.1, D.2, D.3, D.4, and D.5 as A.3, * * * * * at the end of each day (see §§ 27.93 and A.4, A.5, A.6, A.7, A.8, A.9, A.10, A.11, 27.94 of this chapter). A.12, A.13, D.3, D.4, D.5, D.6, and D.7, Union Slough National Wildlife Refuge 6. We only allow deer hunters on the respectively; revising newly designated A. Migratory Game Bird Hunting. refuge from 1 hour before legal sunrise paragraphs A.3, A.6, A.7, A.10, A.13, *** until 1 hour after legal sunset. and D.6; revising paragraphs B.1, B.2,
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B.5, B.6, C.2, C.3, C.4, C.5, C.6, C.9, size 4 or smaller or .17 or .22 caliber centimeters) of hunter-orange in place of C.14, and C.16; and adding paragraphs rimfire rifles or smaller. the 400 square inches (2,580.6 square A.1, A.2, D.1, and D.2 under Tensas * * * * * centimeters) requirement described for River National Wildlife Refuge. 5. All hunters, including archers Louisiana. All hunters, including The revisions and additions read as (while on the ground), except waterfowl archers (while on the ground), except follows: hunters must wear a hunter orange cap waterfowl hunters, must wear a hunter- orange cap during the dog season for § 32.37 Louisiana. or hat during the dog season for squirrel and rabbit. squirrels and rabbits. Deer hunters * * * * * C. Big Game Hunting. *** hunting from concealed blinds must Bayou Cocodrie National Wildlife * * * * * display a minimum of 400 square inches Refuge 8. Conditions A5 through A10, A12 (2,580.6 square centimeters) of hunter- through A18, and B5 apply. orange above or around their blinds that A. Migratory Game Bird Hunting. * * * * * is visible from 360 degrees. *** 5. Conditions A5 through A17 apply, 1. We require that all hunters and Bogue Chitto National Wildlife Refuge except you may use .22- caliber rifles or anglers age 16 and older purchase an smaller, and the nontoxic shot in your annual public use permit (name/ A. Migratory Bird Hunting. *** 3. We allow public hunting on possession while hunting must be size address/telephone number). We waive designated areas during the open State 4 or smaller (see § 32.2(k)). the fee for individuals age 60 and older. season for listed migratory game bird C. Big Game Hunting. *** The refuge user is required to sign, species. We designate areas where 6. Legal primitive weapons/firearms certifying that you understand and will public use is restricted in the refuge used for hunting during the primitive comply with all regulations, and carry hunt permit (signed brochure) or by weapons/firearm season are defined by this permit at all times while on the designated signage. State regulation. refuge. 4. When hunting for migratory game 7. We prohibit the use of dogs unless * * * * * birds, we only allow dogs to locate, noted otherwise. 10. Refuge users must check all game point, and retrieve. 8. You may take hog as incidental taken before leaving the refuge at one of * * * * * game while participating in the refuge the self-clearing check stations 7. We prohibit hunting within 150 archery, primitive weapon, and general indicated on the map in the refuge feet (45.7 meters) from the centerline of gun deer hunts and where otherwise public use brochure (name only). any public road, refuge road, designated specified. We list specific dates for the * * * * * or maintained trail, building, residence, special hog hunts in February and 15. Each refuge user must obtain a designated public facility, or from or March in the refuge hunt permit (signed daily use reporting card (one per across aboveground oil or gas or electric brochure). During the special hog hunts person) and place it on the dashboard of facilities. We prohibit hunting in refuge- in February, you must use trained hog- their vehicle or in their boat where their designated closed areas, which we post hunting dogs to aid in the take of hog. personal information (name/city/state/ on the refuge and identify in the refuge During the special hog hunts, you may zip code) is readable and in plain view. hunt permits. take hog from 1⁄2 hour before legal 1 Users must complete all the information * * * * * sunrise until ⁄2 hour after legal sunset, requested (name/address/phone 9. We allow primitive camping within and you must use pistol or rifle number) and return the cards to the 100 feet (30.5 meters) of designated ammunition not larger than .22 caliber refuge kiosk/check stations upon streams. These include either bank of rimfire or shotgun with nontoxic shot to departure from the refuge. the Boque Chitto River, Wilson Slough, take the hog after it has been caught by * * * * * and West Pearl River south of Wilson dogs (see § 32.2(k)). During the special B. Upland Game Hunting. *** Slough, refuge lands along the East Pearl hog hunt in March, you may use any 4. While engaged in upland game River, and Holmes Bayou. Campers legal hunting firearm. Condition A8 hunting, we prohibit possession of must mark their campsite with the applies during special hog hunts in hunting firearms (see § 27.42 of this owner’s name, address, phone number, February. chapter) larger than .22 caliber rimfire, and dates of occupancy placed in a * * * * * shotgun slugs, or buckshot. conspicuous location in the center of D. Sport Fishing. *** * * * * * camp. 8. The Pearl River Turnaround area, C. Big Game Hunting. *** * * * * * when open, is daylight use only. 12. There is a $5 application fee per B. Upland Game Hunting. *** * * * * * person for the lottery gun hunt 4. All hunters in Louisiana (including application (name/address/phone archery hunters and small game Cameron Prairie National Wildlife number). hunters), except waterfowl hunters, Refuge * * * * * must wear and display not less than 400 A. Migratory Game Bird Hunting. square inches (2,580.6 square *** Big Branch Marsh National Wildlife centimeters) of unbroken hunter-orange 2. We prohibit entrance to the Refuge as the outermost layer of clothing on the waterfowl hunting area earlier than 4 A. Migratory Game Bird Hunting. chest and back and a hunter-orange cap a.m. Shooting hours for waterfowl hunts *** during deer gun seasons. We require all end at 2 p.m. each day. 5. You must possess and carry a valid deer hunters to display a minimum of * * * * * refuge hunt permit (signed brochure). 400 square inches (2,580.6 square Cat Island National Wildlife Refuge * * * * * centimeters) of hunter-orange or a B. Upland Game Hunting. *** hunter-orange cap or hat while walking A. Migratory Game Bird Hunting. 1. We allow upland game hunting to and from elevated stands. All hunters *** during the open State season using only in Mississippi must wear not less than 1. We require that all hunters and approved nontoxic shot (see § 32.2(k)) 500 square inches (3,225.8 square anglers age 16 and older purchase an
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annual public use permit (name/ 6. We allow hunting shotguns ending the third Sunday in January. We address/telephone number). We waive equipped with a single-piece magazine allow raccoon hunters to hunt from the fee for hunters age 65 and older. The plug that allows the gun to hold no legal sunset to legal sunrise with the aid refuge user is required to sign, certifying more than two shells in the magazine of dogs, horses, mules, and use of lights. that you understand and will comply and one in the chamber. We prohibit We allow such use of lights on the with all regulations, and carry this target practicing or shooting to unload refuge only at the point of kill. We permit at all times while on the refuge. modern firearms on the refuge at any prohibit all other use of lights for * * * * * time. Shotgun hunters must possess hunting on the refuge. Hunt dates will 3. You may possess only approved only an approved nontoxic shot when be available at refuge headquarters nontoxic shot while hunting on the hunting migratory birds (see § 32.2(k)). typically in July. We prohibit ATVs refuge (see § 32.2(k)). This requirement Persons possessing, transporting, or during the raccoon hunt. Hunters must applies only to the use of shotgun carrying firearms on national wildlife attempt to take treed raccoons. ammunition. refuges must comply with all provisions 2. We allow squirrel and rabbit * * * * * of State and local law. Persons may only hunting with and without dogs. We will 7. Refuge users must check all game use (discharge) firearms in accordance allow hunting without dogs from the (name) taken prior to leaving the refuge with refuge regulations (§ 27.42 of this beginning of the State season to a date at one of the self-clearing check stations chapter and specific refuge regulations typically ending the day before the indicated on the map in the refuge in part 32). refuge deer firearms hunt. We do not public use brochure. 7. We prohibit permanent or pit require hunters to wear hunter orange blinds on the refuge. You must remove during the squirrel and rabbit season * * * * * all blind materials and decoys by 2 p.m. without dogs. Squirrel and rabbit B. Upland Game Hunting. *** daily. hunting with or without dogs will begin 2. While upland game hunting, we * * * * * typically the second Monday in January prohibit the possession of hunting and will conclude the last day of firearms larger than 0.22 caliber rimfire, 10. We allow all-terrain vehicle (ATV) travel on designated trails for access February, but will re-open for Louisiana shotgun slugs, and buckshot (see § 27.42 State Spring Season, typically during of this chapter). typically from September 15 to the last day of the refuge squirrel season. We May. We require a minimum of a solid- * * * * * open designated trails from 4 a.m. to no hunter-orange cap during the squirrel C. Big Game Hunting. *** later than 2 hours after legal sunset season with or without dogs. We allow 3. There is a $5 application fee per unless otherwise specified. We define no more than three dogs per hunting person for each lottery hunt application an ATV as an off-road vehicle (not legal party. (name/address/phone number). for highway use) with factory * * * * * * * * * * specifications not to exceed the 5. When hunting, we allow .22 caliber Lacassine National Wildlife Refuge following: Weight 750 pounds (337.5 and smaller rimfire weapons or kilograms), length 85 inches (212.5 shotguns equipped with a single-piece A. Migratory Bird Hunting. *** centimeters (cm)), and width 48 inches magazine plug that allows the shotgun 3. We prohibit entrance to the (121.9 cm). We restrict ATV tires to to hold no more than two shells in the waterfowl hunting area earlier than 4 those no larger than 25 inches (62.5 cm) magazine and one in the chamber. We a.m. Shooting hours end at 2 p.m. each x 12 inches (30 cm) with a 1-inch (2.5 prohibit target practicing or shooting to day. cm) lug height and maximum allowable unload modern firearms on the refuge at * * * * * tire pressure of 7 psi. We require a any time. Shotgun hunters must possess Sabine National Wildlife Refuge permanently affixed refuge ATV permit only an approved nontoxic shot when that hunters may obtain from the refuge hunting upland game (see § 32.2(k)). A. Migratory Bird Hunting. *** headquarters. Hunters/anglers using the Persons possessing, transporting, or 3. We prohibit entrance to the refuge handicapped all-terrain trails carrying firearms on national wildlife waterfowl hunting area earlier than 4 must possess the State’s Physically refuges must comply with all provisions a.m. Shooting hours end at 2 p.m. each Challenged Program Hunter Permit or be of State and local law. Persons may only day. age 60 or older. Additional physically use (discharge) firearms in accordance * * * * * challenged access information will be with refuge regulations (§ 27.42 of this available at the refuge headquarters. Tensas River National Wildlife Refuge chapter and specific refuge regulations * * * * * in part 32). A. Migratory Game Bird Hunting. 13. An adult at least age 18 must 6. Conditions A1, A2, A4, A8, A9, *** supervise youth hunters younger than A10, A11, A12, and A13 apply. 1. Hunters must possess and carry a age 16 during all hunts. One adult may C. Big Game Hunting. *** signed refuge access permit (signed supervise two youths during small game 2. The deer primitive firearms season brochure) when hunting. and migratory bird hunts but may will occur between November 1 and 2. We require that all hunters must supervise only one youth during big January 31. Legal primitive firearms for check-in/check out daily at their closest game hunts. Youth must remain within primitive season include: entrance point using the Visitor Check- normal voice contact of the adult who i. Hunting rifles, .44 caliber in Permit and Report (FWS Form 3– is supervising them. Parents or adult minimum, all of which must load 2405) for all recreational activities. guardians are responsible for ensuring exclusively from the muzzle or cap and 3. We allow hunting of duck and coot that hunters younger than age 16 do not ball cylinder; use of black powder or on Tuesdays, Thursdays, Saturdays, and engage in conduct that would constitute approved substitute only; use of ball or Sundays until 2:00 p.m. during the State violation of refuge regulations. bullet projectile only, including saboted season. We prohibit migratory bird B. Upland Game Hunting. *** bullets, including muzzleloaders known hunting during refuge gun hunts for 1. We allow nighttime raccoon as ‘‘in line’’ muzzleloaders; and deer. hunting beginning typically the third ii. Single-shot, breech-loading hunting * * * * * Saturday in December and typically rifles, .35 caliber or larger of a kind or
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type manufactured prior to 1900 and orange consisting of a solid-hunter- B. Upland Gaming Hunting. *** relics, reproductions, or reintroductions orange cap on their head and a solid 1. We require every hunter to possess of that type of rifle having an exposed hunter-orange vest over their outermost and carry a personally signed Big/ hammer that use metallic cartridges garment covering their chest and back. Upland Game Hunt Application (FWS loaded with black powder or modern Hunters must display the solid-hunter- Form 3–2356). Permits and regulations smokeless powder. orange items the entire time while in the are available from the refuge in person 3. During the deer primitive firearms field. during normal business hours (8 a.m. to season, hunters may fit any legal * * * * * 4:30 p.m. Monday through Friday; primitive hunting firearm with 16. We allow hunting with slugs, rifle, closed on holidays) or by contacting the magnified scopes. We allow hunters or pistol ammunition larger than .22 Project Leader at (207) 454–7161, or by using primitive weapons described as caliber rimfire only during the quota mail (Moosehorn National Wildlife muzzleloader (including in-line) (see hunts for deer. We prohibit use of Refuge, 103 Headquarters Road, Baring, C.2.i.) to hunt reforested areas. We buckshot when hunting. Persons ME 04694). prohibit hunters using primitive possessing, transporting, or carrying 2. You must annually complete a Big weapons described in C.2.ii. from firearms on national wildlife refuges Game Harvest Report (FWS Form 3– hunting in reforested areas. must comply with all provisions of State 2359) and submit it by mail or in person 4. We will conduct two quota- and local law. Persons may only use at the refuge headquarters no later than modern-firearms hunts for deer (discharge) firearms in accordance with 2 weeks after the close of the hunting typically in the months of November refuge regulations (see § 27.42 of this season in March. If you do not comply and/or December. We will make hunt chapter and specific refuge regulations with this requirement, we may suspend dates and permit application procedures in part 32). your future hunting privileges on available at refuge headquarters no later Moosehorn National Wildlife Refuge. * * * * * 3. Conditions A9, A11, and A12 than August. We restrict hunters using D. Sport Fishing. *** apply. a primitive firearm during this hunt 1. Anglers must possess and carry a access to areas where we allow modern signed refuge access permit (signed * * * * * firearms. We prohibit hunting and/or brochure) when fishing. C. Big Game Hunting. *** shooting into or across any reforested 2. We require that all anglers must 1. Conditions B1, B2, A11, and A12 area during the quota hunt for deer. We check-in/check out daily at their closest apply. require a quota hunt permit (Quota Deer entrance point using the Visitor Check- * * * * * Hunt Application, FWS Form 3–2354) in Permit and Report (FWS Form 3– D. Sport Fishing. *** for these hunts. 2405) for all recreational activities. 1. We prohibit use of motorized or 5. We will conduct guided quota mechanized vehicles, boats, and * * * * * youth deer hunts and guided quota deer 6. Conditions A8, A9, and A11 apply. equipment in designated Wilderness hunts for full-time wheelchair users in Areas. This includes all vehicles, boats, the Greenlea Bend area typically in * * * * * and items such as snowmobiles and ■ December and January. We will make 15. Amend § 32.38 by: motorized ice augers (Bearce and Conic ■ a. Revising the introductory text of hunt dates and permit application Lakes). procedures (Quota Deer Hunt paragraph A; redesignating paragraphs B.1, B.2, B.3, B.4, D.4, D.5, and D.6 as * * * * * Application, FWS Form 3–2354) 4. We allow ice fishing in the available at the refuge headquarters B.3, B.4, B.5, B.6, D.5, D.7, and D.8, respectively; revising the newly following areas on the Baring Division typically in July. For the guided quota of the refuge: Bearce Lake, Conic Lake, youth hunts, we consider youth to be designated paragraph B.3; revising paragraphs C.1, D.1, and newly James Pond, and Vose Pond. ages 8 through 15. * * * * * 6. We will conduct a refuge-wide designated D.7; and adding paragraphs B.1, B.2, D.4, and D.6 under Moosehorn 6. We allow ice fishing in the youth deer hunt. We will make hunt following areas on the Edmunds dates available at refuge headquarters National Wildlife Refuge. ■ b. Revising paragraphs A.1, C.1, and Division of the refuge: Hobart Lake typically in July. An adult at least age (within the refuge boundary). 18 must supervise youth hunters C.7; redesignating paragraphs D.10, D.11, D.12, D.13, and D.14 as D.11, D.12, 7. We prohibit fishing on the stretch younger than age 16 during all hunts. of Moosehorn Stream on the Baring One adult may supervise two youths D.13, D.14, and D.15, respectively; and adding paragraph D.10 under Rachel Division that lies west of the Charlotte during small game and migratory bird Road and north of Moosehorn Ridge hunts but may supervise only one youth Carson National Wildlife Refuge. ■ c. Revising paragraph C.6 under Road. during big game hunts. Youth must Umbagog National Wildlife Refuge. * * * * * remain within normal voice contact of The additions and revisions read as the adult who is supervising them. Rachel Carson National Wildlife Refuge follows: Parents or adult guardians are A. Migratory Game Bird Hunting. responsible for ensuring that hunters § 32.38 Maine. *** younger than age 16 do not engage in * * * * * 1. Prior to entering designated refuge conduct that would constitute violation hunting areas, you must obtain a Moosehorn National Wildlife Refuge of refuge regulations. Migratory Bird Hunt Application (FWS * * * * * A. Migratory Game Bird Hunting. We Form 3–2357), pay a recreation fee, and 9. Conditions A1, A2, A4, A8, A9, allow hunting of duck, goose, American sign and carry the permit at all times. A10, A11, and A12 apply. woodcock, and Wilson’s snipe on * * * * * * * * * * designated areas of the Baring and C. Big Game Hunting. *** 14. We require deer hunters using Edmunds Division of the refuge in 1. Prior to entering designated refuge primitive firearms or modern firearms to accordance with State regulations and hunting areas, you must obtain a Big/ display 400 square inches (2,580.6 subject to the following conditions: Upland Game Hunt Application (FWS square centimeters) of solid hunter- * * * * * Form 3–2356), pay a recreation fee and
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sign and carry the permit at all times. participate in the waterfowl hunt during stands and blinds left on refuge Conditions A.4 and A.7 apply. designated days. property, unoccupied, must be tagged in * * * * * 4. We require hunters to possess on plain sight with your permit number 7. We allow hunting of fox and coyote their person a printed valid Maryland and the years that are printed on your with archery or shotgun with a refuge hunting license and all required stamps, permit. We require you to remove all big game permit, during State firearm a valid form of government-issued photo stands and blinds by legal sunset of a deer season. identification, and a printed valid date established annually by the refuge D. Sport Fishing. *** hunting permit issued by the refuge at manager. We are not responsible for 10. We allow car-top launching from all times while on refuge property. damage, theft, or use of the stand by legal sunrise to legal sunset at Little 5. The use of common reed other hunters (see § 27.93 of this River division at the end of Granite (Phragmites australis) in any manner is chapter). Point Road into the Little River. prohibited. 10. We prohibit organized deer drives, * * * * * * * * * * unless otherwise authorized by the 10. We allow the use of trained dogs refuge manager. Umbagog National Wildlife Refuge by hunters to retrieve game on 11. Hunters may use marking devices, * * * * * designated waterfowl hunt days. We including flagging or tape, but they must C. Big Game Hunting. *** require that hunters have dogs not remove them by legal sunset of date 6. We allow only temporary tree engaged in retrieving waterfowl under established annually by the refuge stands and blinds, and they may be control or confined to a vehicle, boat, manager (see § 27.93 of this chapter). erected no earlier than August 1 and kennel, blind area, or other container. We prohibit paint or any other must be removed by December 31. We 11. We require all hunters and hunt permanent marker to mark trails. prohibit nails, screws, or screw-in parties to remain within their 12. We require all disabled hunters to climbing pegs to build or access a stand designated hunt site or unit while provide certification of their disability. or blind (see § 32.2(i)). You must mark hunting. 13. Disabled persons may have an your tree stand and/or blind with your * * * * * assistant during the hunt in designated full name and address. C. Big Game Hunting. We allow the areas of the refuge. Persons assisting disabled hunters must be at least age 18 * * * * * hunting of white-tailed and sika deer ■ 16. Amend § 32.39 by: and turkey on designated areas of the and obey all refuge, State, and Federal ■ a. Revising paragraphs A.1, A.2, A.3, refuge in accordance with State laws and regulations. Persons assisting A.4, A.5, A.10, A.11, C, D.3, and D.5 regulations and subject to the following disabled hunters must not be afield with under Blackwater National Wildlife conditions: a hunting firearm, bow, or other hunting Refuge. 1. We require you to obtain a deer or device. ■ b. Revising paragraphs C and D under turkey hunting permit (Big/Upland 14. Hunters may use bicycles to Eastern Neck National Wildlife Refuge. Game Hunt Application, FWS Form 3– access hunt areas on designated hunt/ ■ c. Removing paragraphs A.9.v, B.5, 2356 or Quota Deer Hunt Application scout days. We prohibit hunters taking B.6, B.7, B.8, B.9, B.10, and D.15.vi; FWS Form 3–2354). bicycles off of designated roads and redesignating paragraphs D.15.vii and 2. We allow only hunters possessing trails while on refuge lands. D.15.viii as D.15.vi and D.15.vii, a valid permit issued by the refuge to 15. We require that you abide by the respectively; revising newly designated hunt/scout during designated days. terms and conditions of the refuge paragraph D.15.vi.d; revising the 3. We require hunters to possess on permit and brochure. Hunters are introductory text of paragraph B; their person at all times while on refuge subject to inspection by law revising paragraphs A.8, A.9 property, a printed valid Maryland enforcement officials and may have introductory text, A.9.iii, A.9.iv, A.12, hunting license and all required stamps, their permits revoked if we find them to C, D.1, D.2, D.4, D.5, D.6, D.14.ii, a valid form of government-issued photo be in violation of § 32.2 or other Federal D.15.iv, and D.15.v under Patuxent identification, and a printed valid and State laws. Research Refuge. hunting permit issued by the refuge. 16. We prohibit shooting a projectile The additions and revisions read as 4. We require hunters to notify and from a firearm, muzzleloader, bow, or follows: receive permission from a Service law crossbow from, down, or across any enforcement officer, refuge manager, or refuge road. § 32.39 Maryland. designee if they need to enter a refuge 17. We require you to make a * * * * * closed area to retrieve game. reasonable effort to retrieve all wounded 5. We prohibit the use of rimfire or or killed game and include it in your Blackwater National Wildlife Refuge centerfire rifles and all handguns, daily bag limit. We prohibit leaving deer A. Migratory Game Bird Hunting. including muzzleloading pistols, for entrails or other waste within 50 feet *** hunting. (15.2 meters) of any road, trail, or refuge 1. We require you to obtain a refuge 6. We prohibit the use of boats, structure on the refuge. waterfowl hunting permit using the flotation devices, all-terrain vehicles 18. We require that all deer harvested Waterfowl Lottery Application (FWS (ATVs), motorized off-road vehicles, be checked in at the refuge-sponsored Form 3–2355). and amphibious vehicles to access the check station during hunt days when 2. We require you to abide by the refuge unless authorized by the refuge the refuge-sponsored check station is terms and conditions of the refuge manager for use by disabled hunters. being operated. If you fail to check your permit and brochure. Hunters are 7. We prohibit screw-in steps, spikes, deer during the check station business subject to inspections by law or other objects that may damage trees hours, you must report your harvest enforcement officials and may have (see § 32.2(i)). through the State-sponsored big game their permits revoked if they are found 8. We prohibit hunting from a check-in system within 24 hours of to be in violation of § 32.2 or other permanently constructed tree stand or harvest. Federal and State laws. blind. 19. We prohibit parking in front of 3. We allow only hunters possessing 9. We allow the use of temporary tree any open or closed gate. Parked vehicles a permit issued by the refuge to stands and blinds for hunting. All may not impede any road traffic.
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D. Sport Fishing. *** We require you to remove all stands and government-issued photo identification 3. We require you to possess a printed blinds by legal sunset of a date while fishing on the refuge. We do not valid Maryland sport fishing license, all established annually by the refuge require a refuge permit to fish on the required stamps, and a valid form of manager. We are not responsible for refuge. government-issued photo identification damage, theft, or use of the stand by 5. We require anglers to attend all fish while fishing on the refuge. We do not other hunters (see § 27.93 of this and crab lines. require a refuge permit to fish on the chapter). 6. We prohibit boat launching from refuge. 10. We allow use of marking devices, refuge lands except for canoes/kayaks at * * * * * including flagging or tape, but hunters the canoe/kayak ramp located at the 5. We prohibit boat launching from must remove them by legal sunset of a Ingleside Recreation Area. refuge lands except from the car-top date established annually by the refuge Patuxent Research Refuge manager (see § 27.93 of this chapter). boat launch located near the Blackwater A. Migratory Game Bird Hunting. River Bridge on Route 335. We prohibit paint or any other permanent marker to mark trails. *** * * * * * 11. We require all disabled hunters to 8. We restrict you to the selected area Eastern Neck National Wildlife Refuge provide certification of their disability. until you check out at the HCS. 12. Disabled persons may have an 9. We prohibit hunting on or across * * * * * assistant during the hunt on designated any road (paved, gravel, dirt, opened C. Big Game Hunting. We allow areas of the refuge. Persons assisting and/or closed) or within 50 yards (45.7 hunting of white-tailed deer and turkey disabled hunters must be at least age 18 meters) of a road (paved, gravel, dirt, on designated areas of the refuge in opened and/or closed), within 150 yards and obey all refuge, State, and Federal accordance with State hunting (137.2 meters) of any building or shed, laws and regulations. Persons assisting regulations and subject to the following and within 25 yards (22.5 meters) from disabled hunters must not be afield with conditions: any designated ‘‘No Hunting’’ and a hunting firearm, bow, or other hunting 1. We require you to obtain a deer or ‘‘Safety Zone’’ areas, except: device. turkey hunting permit using the Big/ 13. We require that you abide by the * * * * * Upland Game Hunt Application (FWS terms and conditions of the refuge iii. You may hunt waterfowl (goose/ Form 3–2356). permit and brochure. Hunters are duck) from any permanent photo/hunt 2. We allow only hunters possessing subject to inspection by law blind on North Tract. a valid permit issued by the refuge to enforcement officials and may have iv. You may hunt from the roadside, hunt/scout during designated days. their permits revoked if we find them to except on the Wildlife Loop and Bald 3. We require hunters to possess on be in violation of § 32.2 or other Federal Eagle Drive, at designated areas, if you their person at all times while on refuge and State laws. possess a Maryland Department of property a printed valid Maryland 14. We allow parking only in Natural Resources issued ‘‘Universal hunting license and all required stamps, designated parking areas. Disability Pass.’’ and a valid form of government-issued 15. We prohibit shooting a projectile * * * * * photo identification. On scout days, we from a firearm, muzzleloader, bow, or 12. We prohibit hunting of goose, require hunters to place their printed crossbow from, down, or across any duck, and dove during the deer firearms refuge permit on the dash of their refuge road. seasons and the early muzzleloader vehicle in plain view. On hunt days, we 16. We require you to make a season. The only exceptions are that require hunters to have a printed valid reasonable effort to retrieve all wounded Blue Heron Pond, Lake Allen, and Area refuge permit on their person. or killed game and include it in your Z will remain open for duck hunters 4. We require hunters to notify and daily bag limit. We prohibit leaving deer and the Junior Waterfowl hunt day receive permission from a Service law entrails or other waste within 50 feet during the early muzzleloader season. enforcement officer, refuge manager, or (15.2 meters) of any road, trail, or refuge * * * * * designee if they need to enter a closed structure on the refuge. B. Upland Game Hunting. We allow area to retrieve game. 17. We prohibit parking in front of hunting of gray squirrel, eastern 5. We prohibit the use of rimfire or any open or closed gate. Parked vehicles cottontail rabbit, and woodchuck on the centerfire rifles and all handguns, may not impede any road traffic. North Tract and turkey on the Central including muzzleloading pistols, for D. Sport Fishing. We allow fishing Tract in accordance with State hunting. and crabbing in designated areas of the regulations and subject to the following 6. We prohibit the use of boats, refuge in accordance with State conditions: flotation devices, all-terrain vehicles regulations and subject to the following * * * * * (ATVs), motorized off-road vehicles, conditions: C. Big Game Hunting. We allow and amphibious vehicles to access the 1. We allow fishing and crabbing from hunting of turkey on North Tract only refuge, unless authorized by the refuge the Eastern Neck Island Bridge and the and white-tailed deer on the North, manager for use by disabled hunters. Tundra Swan Boardwalk. Central, and South Tracts in accordance 7. We prohibit screw-in steps, spikes, 2. We allow fishing and crabbing from with State regulations and subject to the or other objects that may damage trees designated shore line areas located at following conditions: (see § 32.2(i)). the Ingleside Recreation Area from legal 1. Conditions A1 through A10i apply. 8. We prohibit hunting from a sunrise to legal sunset, April 1 through 2. Spring turkey hunters are exempt permanently constructed tree stand or September 30. from wearing hunter orange. blind. 3. We allow fishing from designated 3. We allow the use of bow and arrow 9. We allow the use of temporary tree shoreline areas located at the Chester for turkey hunting. stand and blinds for hunting. All stands River end of Boxes Point and Duck Inn 4. We require turkey hunters to use and blinds left on refuge property, Trails from legal sunrise to legal sunset. #4, #5, or #6 nontoxic shot or vertical unoccupied, must be tagged in plain 4. We require you to possess a printed bows (see § 32.2(k)). sight with your permit number and the valid Maryland sport fishing license and 5. We select turkey hunters by a years that are printed on your permit. all required stamps, and valid form of lottery for youth, disabled, and general
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public hunts. We require Maryland 17. We prohibit deer drives or anyone within a 50-yard (45.7-meters) distance; Department of Natural Resources- taking part in any deer drive. We define and they may take 3 youths, age 15 or required documentation to a ‘‘deer drive’’ as an organized or younger, to fish under their Fishing accommodate hunters with disabilities. planned effort to pursue, drive chase, or Pass. 6. We require turkey hunters to otherwise frighten or cause deer to move * * * * * pattern their weapons prior to hunting. in the direction of any person or persons 14. * * * Contact refuge headquarters for more who are part of the organized or ii. We allow sport fishing year-round information. planned hunt and known to be waiting at Lake Allen, Blue Heron Pond, Rieve’s 7. Prior to issuing a hunt permit, we for the deer. We also prohibit organized Pond, New Marsh, Cattail Pond, and require you to pass a yearly proficiency deer drives without a standing hunter. Little Patuxent River (downstream only test with each weapon used. See A1 for 18. North Tract: We allow shotgun, from Bailey’s Bridge) except Mondays issuing information. muzzleloader, and bow hunting in through Saturdays September 1 through 8. We only allow the use of a shotgun, accordance with the following: January 31 during the hunting season. muzzleloader, or bow and arrow Conditions C1 through C17 apply. We also reserve the right to close Lake according to refuge hunting regulations. 19. Central Tract: Headquarters/MR Allen at any time. 9. We require hunters to secure Lottery Hunt: We only allow shotgun * * * * * longbows, recurve bows, compound and bow hunting in accordance with the 15. * * * bows, and crossbows in accordance following: Conditions C1 through C16 iv. Anglers may fish from April 1 with State regulations. apply (except C8). until mid-October, as posted. 10. We prohibit possession or use of 20. South Tract: We allow shotgun, v. We allow fishing legal sunrise to buckshot for hunting. muzzleloader, and bow hunting in legal sunset. 11. We require bow hunters to wear accordance with the following: vi. * * * fluorescent-orange color in accordance i. Conditions C1 through C17 apply. d. Maryland State law requires with State regulations when moving to ii. You must access South Tract personal flotation devices and whistle and from their vehicle to their deer hunting areas A, B, and C off Springfield and/or horn in boats. Road through the Old Beltsville Airport; stand or their hunting spot and while * * * * * tracking or dragging out their deer. We and South Tract hunting area D from do not require bow hunters to wear MD Rt. 197 through Gate #4. You must § 32.41 [Amended] fluorescent-orange when in position to park in designated parking areas. ■ 17. Amend § 32.41 by removing hunt except during the North Tract iii. We prohibit driving or parking paragraphs B.1 and B.2, and Youth Firearms Deer Hunts, the along the entrance and exit roads to and redesignating paragraph B.3 as B.1 muzzleloader seasons, and the firearms from the National Wildlife Visitor under Seney National Wildlife Refuge. seasons, when they must wear it at all Center, and parking in the visitor center ■ 18. Amend § 32.42 by: times. You must wear fluorescent parking lot when checked in to hunt any ■ a. Revising paragraphs B.1 and B.4; orange when stalking or ‘‘still hunting.’’ area. removing paragraph C.4; redesignating 12. All bucks harvested must have a D. Sport Fishing. *** paragraphs B.5, B.6, and C.5 as B.6, B.7, 15-inch (37.5-centimeter) minimum 1. We require all anglers, age 16 and and C.4, respectively; adding paragraph outside antler spread. older, to present their current Maryland B.5; and revising newly designated 13. We allow hunting in the Schafer State nontidal fishing license and paragraph C.4 under Big Stone National Farm, Central Tract, and South Tract. complete the Fishing/Shrimping/ Wildlife Refuge. You must hunt using a portable tree Crabbing Application (FWS Form 3– ■ b. Adding paragraph A.6, and revising stand, which must be at least 10 feet (3 2358). Anglers age 18 and older will paragraph B under Big Stone Wetland meters) off the ground and equipped receive a free Patuxent Research Refuge Management District. with a full-body safety harness. You Fishing Pass. Organized groups must ■ c. Adding paragraph A.6, and revising must wear the full-body safety harness complete the Fishing/Shrimping/ paragraph B under Detroit Lakes while in the tree stand. We will make Crabbing Application (FWS Form 3– National Wildlife Refuge. limited accommodations for disabled 2358), and the group leader must stay ■ d. Adding paragraph A.7, and revising hunters for Central Tract lottery hunts. with the group at all times while paragraph B under Fergus Falls Wetland 14. We allow hunting in the North fishing. Management District. Tract. You may hunt from the ground or 2. We publish the refuge fishing ■ e. Adding paragraph A.3, revising using a portable tree stand. You must regulations, which include the daily and paragraph B.2, and removing paragraph wear a full-body safety harness while in yearly creel limits and fishing dates, in B.3 under Glacial Ridge National the tree stand. early January. We provide a copy of the Wildlife Refuge. 15. We prohibit the use of dogs to regulations with your free Fishing Pass, ■ f. Adding paragraph A.6, and revising hunt or track wounded deer. and we require you to know the specific paragraph B under Litchfield Wetland 16. If you wish to track wounded deer fishing regulations. Management District. beyond 2 hours after legal sunset, you * * * * * ■ g. Revising the introductory text of must gain consent from a Federal 4. Anglers must display the Fishing paragraph D; revising paragraphs A.5, wildlife officer. We prohibit tracking 3 Pass in the vehicle windshield while A.6, B, C, D.3, and D.4; and adding hours after legal sunset. You must make fishing. paragraphs A.7, A.8, A.9, and D.5 under a reasonable effort to retrieve the 5. We require anglers, ages 16 and 17, Minnesota Valley National Wildlife wounded deer, which includes next-day to have a parent or guardian cosign the Refuge. tracking. There is no tracking on Fishing/Shrimping/Crabbing ■ h. Adding paragraph A.5, and revising Sundays and Federal holidays except on Application (FWS From 3–2358). paragraph B under Morris Wetland a case-by-case basis. Hunters authorized 6. An adult age 21 or older possessing Management District. to track on Sundays or Federal holidays a Fishing Pass must accompany anglers ■ i. Revising the introductory text of must be accompanied afield by a age 17 or younger in the field; they must paragraphs A, B, and C; revising Federal wildlife officer. maintain visual contact with each other paragraphs A.1, B.4, and C.2; and
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adding paragraphs A.9 and C.4 under Big Stone Wetland Management District B. Upland Game Hunting. *** Northern Tallgrass Prairie National A. Migratory Game Bird Hunting. 2. Conditions A2 and A3 apply. Wildlife Refuge. *** * * * * * ■ j. Revising the introductory text of 6. For hunting, you may use or paragraphs C and D; removing Litchfield Wetland Management possess only approved nontoxic shot District paragraphs C.4 and D.2; and shells while in the field, including shot redesignating paragraphs C.5, D.3, and shells used for hunting wild turkey (see A. Migratory Game Bird Hunting. D.4 as C.4, D.2, and D.3, respectively, § 32.2(k)). *** under Rice Lake National Wildlife B. Upland Game Hunting. We allow 6. For hunting, you may use or Refuge. upland game hunting throughout the possess only approved nontoxic shot ■ k. Revising paragraphs A.2, B.3, and district in accordance with State shells while in the field, including shot C.7; adding paragraph A.8; removing regulations and subject to the following shells used for hunting wild turkey (see paragraph C.8; and revising the condition: Conditions A3 through A6 § 32.2(k)). introductory text of paragraph D under apply. B. Upland Game Hunting. We allow Sherburne National Wildlife Refuge. * * * * * upland game hunting throughout the ■ l. Revising paragraphs B.2, B.3, and district (except we prohibit hunting on B.5; redesignating paragraph D.6 as D.7; Detroit Lakes Wetland Management that part of the Phare Lake Waterfowl and adding paragraphs A.5 and D.6 District Production Area in Renville County) in under Tamarac National Wildlife A. Migratory Game Bird Hunting. accordance with State regulations and Refuge. *** subject to the following condition: ■ m. Removing paragraph A.11; 6. For hunting, you may use or Conditions A1, A4, A5, and A6 apply. redesignating paragraphs A.2, A.3, A.4, possess only approved nontoxic shot * * * * * A.5, A.6, A.7, A.8, A.9, A.10, A.12, shells while in the field, including shot Minnesota Valley National Wildlife A.13, A.14, A.15, A.16, A.17, D.1, D.2, shells used for hunting wild turkey (see Refuge D.3, D.4, D.5, and D.6 as A.3, A.4, A.5, § 32.2(k)). A.7, A.8, A.9, A.10, A.11, A.12, A.14, B. Upland Game Hunting. We allow A. Migratory Bird Hunting. *** A.15, A.16, A.17, A.18, A.19, D.2, D.3, upland game hunting in accordance 5. We prohibit entry into the refuge D.4, D.5, D.6, and D.7, respectively; with State regulations throughout the earlier than 2 hours before legal revising newly designated paragraphs district (except that we allow no shooting time and require hunters to A.5, A.10, A.12, A.16, A.17, D.3, D.6, hunting on the refuge headquarters leave the refuge no later than 1 hour and D.7; revising paragraphs B and C; Waterfowl Production Area [WPA] in after legal shooting time. and adding paragraphs A.2, A.6, A.13, Becker County, the Hitterdal WPA in 6. We prohibit camping. D.1, and D.8 under Upper Mississippi Clay County, and the McIntosh WPA in 7. We allow the use of hunting dogs, River National Wildlife and Fish Refuge. Polk County) and subject to the provided the dog is under the ■ n. Adding paragraph A.6, and revising following condition: Conditions A3 immediate control of the hunter at all paragraphs B and C.1 under Windom through A6 apply. times during the State-approved hunting Wetland Management District. * * * * * season (see § 26.21(b) of this chapter). 8. We prohibit hunting during the The additions and revisions read as Fergus Falls Wetland Management follows: State spring goose hunt. District 9. For hunting, you may use or § 32.42 Minnesota. A. Migratory Game Bird Hunting. possess only approved nontoxic shot * * * * * *** shells while in the field, including shot 7. For hunting, you may use or shells used for hunting wild turkey (see Big Stone National Wildlife Refuge possess only approved nontoxic shot § 32.2(k)). * * * * * shells while in the field, including shot B. Upland Game Hunting. We allow B. Upland Game Hunting. *** shells used for hunting wild turkey (see hunting of ruffed grouse, gray partridge, 1. For hunting, you may use or § 32.2(k)). ring-necked pheasant, American crow, possess only approved nontoxic shot B. Upland Game Hunting. We allow squirrel (gray, fox, and red), snowshoe shells while in the field, including shot upland game hunting throughout the hare, cottontail rabbit, jackrabbit, shells used for hunting wild turkey (see district (except that we prohibit hunting raccoon, fox (red and gray), striped § 32.2(k)). on the Townsend, Mavis, Gilmore, and skunk, coyote, opossum, and wild * * * * * designated portions of Knollwood turkey on designated areas of the refuge 4. You may only hunt fox and raccoon Waterfowl Production Areas (WPAs) in in accordance with State regulations Otter Tail County, and Larson WPA in and subject to the following conditions: from 1⁄2 hour before legal sunrise until legal sunset in accordance with the Douglas County) in accordance with 1. Conditions A1 through A7 and A9 beginning of the State season through State regulations and subject to the apply. the last day of February. following condition: Conditions A2, A3, 2. We prohibit single projectile A6, and A7 apply. ammunition for hunting upland game 5. You may only hunt striped skunk and furbearers, except that we allow from 1⁄2 hour before legal sunrise until * * * * * hunters to use small-caliber rimfire legal sunset from September 1 through Glacial Ridge National Wildlife Refuge rifles and handguns (.22 caliber and the last day of February. A. Migratory Game Bird Hunting. smaller) on designated areas of the * * * * * *** refuge. C. Big Game Hunting. *** 3. For hunting, you may use or 3. We prohibit the use of dogs for 4. Conditions B6 and B7 apply. possess only approved nontoxic shot hunting furbearers. Condition B1 applies only to wild shells while in the field, including shot 4. You may only hunt fox, opossum, turkey. shells used for hunting wild turkey (see and raccoon from 1⁄2 hour before legal * * * * * § 32.2(k)). sunrise until legal sunset, in accordance
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with the beginning of the State season snipe, mourning dove, and sandhill B. Upland Game Hunting. *** through the last day of February, on crane in accordance with State 3. Conditions A6 through A8 apply. designated areas of the refuge. regulations and subject to the following C. Big Game Hunting. * * * 5. You may only hunt coyotes and conditions: 7. Conditions A4 and A7 apply. skunks from 1⁄2 hour before legal sunrise 1. For hunting, you may use or Condition A8 applies to wild turkey until legal sunset, from September 1 possess only approved nontoxic shot only. through the last day of February, on shells while in the field, including shot D. Sport Fishing. We allow fishing on designated areas of the refuge. shells used for hunting wild turkey (see designated areas of the refuge in 6. You may only hunt crow during the § 32.2(k)). accordance with State regulations and subject to the following conditions: State’s fall crow season, on designated * * * * * areas of the refuge. 9. For the Spieker tract in Clay * * * * * 7. We require hunters to wear at least County, you must follow the Clay Tamarac National Wildlife Refuge one article of blaze-orange clothing County Game Refuge regulations. A. Migratory Game Bird Hunting. visible above the waist. B. Upland Game Hunting. We allow *** C. Big Game Hunting. We allow hunting of ring-necked pheasant, 5. For hunting, you may use or hunting of white-tailed deer on Hungarian partridge, prairie chicken, possess only approved nontoxic shot designated areas of the refuge in spruce grouse, ruffed grouse, sharp- shells while in the field (see § 32.2(k)). accordance with State regulations and tailed grouse, rabbit (cottontail and subject to the following conditions: B. Upland Game Hunting. *** jack), snowshoe hare, squirrel (fox and 2. You may only hunt fox and raccoon 1. Conditions A1 through A6 apply. gray), raccoon, opossum, fox (red and from 1⁄2 hour before legal sunrise until 2. Hunters must remove all personal gray), badger, coyote, bobcat, striped property, which include portable legal sunset from the beginning of the skunk, and crow on designated areas in State season through the last day of stands, climbing sticks, decoys, game accordance with State regulations and cameras, and blinds, brought onto the February. subject to the following conditions: 3. You may only hunt striped skunk refuge each day (see §§ 27.93 and 27.94 * * * * * from 1⁄2 hour before legal sunrise until of this chapter). 4. Conditions A1, A7, and A8 apply. legal sunset from September 1 through D. Sport Fishing. We allow sport C. Big Game Hunting. We allow the last day of February. fishing on designated areas of the refuge hunting of deer, elk, black bear, and during daylight hours in accordance * * * * * turkey on designated areas of the refuge 5. Conditions A3 through A5 apply. with State regulations and subject to the in accordance with State regulations following conditions: * * * * * and subject to the following conditions: D. Sport Fishing. *** * * * * * * * * * * 6. We prohibit motorized vehicles on 3. You must remove all ice fishing 2. Conditions A3, A5, A7, and A8 frozen water bodies. shelters and all other personal property apply. Condition A1 applies only to * * * * * from the refuge each day (see §§ 27.93 wild turkey. and 27.94 of this chapter). Upper Mississippi River National * * * * * 4. We prohibit the taking of any turtle, Wildlife and Fish Refuge frog, leech, minnow, crayfish, and 4. We prohibit the use and A. Migratory Game Bird Hunting. mussel (clam) species by any method on distribution of bait and hunting over *** the refuge (see § 27.21 of this chapter). bait (see § 32.2(h)). 5. Condition A6 applies. * * * * * * * * * * 2. In areas posted and shown on maps * * * * * Rice Lake National Wildlife Refuge as ‘‘Closed to All Access,’’ we prohibit Morris Wetland Management District * * * * * public entry, to include hunting and fishing, at all times. This area is named A. Migratory Game Bird Hunting. C. Big Game Hunting. We allow and located as follows: Crooked Slough *** hunting of white-tailed deer on Backwater, Pool 13, Illinois, 2,453 acres. 5. For hunting, you may use or designated areas of the refuge in possess only approved nontoxic shot accordance with State regulations and * * * * * shells while in the field, including shot subject to the following conditions: 5. In areas posted and shown on maps shells used for hunting wild turkey (see * * * * * as ‘‘No Hunting Zone’’ or ‘‘No Hunting § 32.2(k)). D. Sport Fishing. We allow fishing on or Trapping Zone,’’ we prohibit B. Upland Game Hunting. We allow designated areas of the refuge in migratory bird hunting at all times. hunting of upland game, except that we accordance with State regulations and These areas are named and located as prohibit hunting on the designated subject to the following conditions: follows: portions of the Edward-Long Lake * * * * * i. Buffalo River, Pool 4, Wisconsin, Waterfowl Production Area in Stevens 219 acres. Sherburne National Wildlife Refuge ii. Fountain City Bay, Pool 5A, County, in accordance with State A. Migratory Game Bird Hunting. Wisconsin, 24 acres. regulations and subject to the following iii. Upper Halfway Creek Marsh, Pool *** condition: Conditions A2 through A5 7, Wisconsin, 143 acres. apply. 2. We allow only nonmotorized boats, iv. Brice Prairie Tract, Pool 7, * * * * * and they must be launched at Wisconsin, 186 acres. designated access sites. v. Hunter’s Point, Pool 8, Wisconsin, Northern Tallgrass Prairie National * * * * * 82 acres. Wildlife Refuge 8. For hunting, you may use or vi. Goose Island, Pool 8, Wisconsin, A. Migratory Game Bird Hunting. We possess only approved nontoxic shot 984 acres (also no motors and voluntary allow hunting of duck, goose, shells while in the field, including shot avoidance as in condition A3). merganser, moorhen, coot, rail (Virginia shells used for hunting wild turkey (see vii. Sturgeon Slough, Pool 10, and sora only), woodcock, common § 32.2(k)). Wisconsin, 66 acres.
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viii. Goetz Island Trail, Pool 11, Iowa, 16. We prohibit camping beginning we allow upland game hunting 31 acres. the day before the opening of waterfowl beginning the day after the respective ix. Crooked Slough Proper, Pool 13, hunting seasons within areas posted State duck hunting season until upland Illinois, 270 acres. ‘‘No Entry—Sanctuary,’’ ‘‘Area Closed,’’ game season closure or March 15, x. Frog Pond, Pool 13, Illinois, 64 ‘‘Area Closed—No Motors,’’ and ‘‘No whichever comes first, except we allow acres. Hunting Zone’’ or on any sites not spring turkey hunting during State xi. Ingersoll Wetlands Learning clearly visible from the main seasons. We describe these areas more Center, Pool 13, Illinois, 41 acres. commercial navigation channel of the fully in Condition A3. xii. Amann Tract, Pool 7, Wisconsin, Mississippi River. We define camping as 4. In areas posted and shown on maps 0.21 acre. erecting a tent or shelter of natural or as ‘‘Area Closed’’ and ‘‘Area Closed—No xiii. Lost Mound Unit Office and synthetic material, preparing a sleeping Motors,’’ we allow upland game hunting River Road, Pool 13, Illinois, 175 acres. bag or other bedding material for use, beginning the day after the respective 6. In the area posted and shown on parking of a motor vehicle, or mooring State duck hunting season until upland maps as ‘‘Mesquaki Lake No Hunting or anchoring of a vessel for the apparent game season closure or March 15, Zone,’’ Pool 13, Illinois, we prohibit purpose of overnight occupancy, or whichever comes first, except we allow hunting migratory birds from April 1 to occupying or leaving personal property, spring turkey hunting during State September 30. including boats or other craft, at a site seasons. We ask that you practice * * * * * anytime between the hours of 11 p.m. voluntary avoidance of these areas by 10. You may use or possess only and 3 a.m. on any given day. Where we any means or for any purpose from approved nontoxic shot shells while allow camping, you must occupy October 15 to the end of the respective hunting on the refuge (see § 32.2(k)). claimed campsites each night. State duck season. In areas also marked * * * * * 17. We prohibit the building or use of ‘‘Area Closed—No Motors,’’ we prohibit 12. We prohibit the construction of warming fires while hunting (see § 27.95 the use of motors on watercraft from permanent hunting blinds (see § 27.92 of this chapter). We only allow October 15 to the end of the respective of this chapter). You may use natural campfires in conjunction with camping, State duck season. We describe these material for temporary blinds, with day-use activities on beaches, or on the areas more fully in Condition A4. restrictions. You may hunt from a boat ice while ice fishing using only dead 5. In areas posted and shown on maps blind, pop-up blind, or construct a wood on the ground, or materials as ‘‘No Hunting Zone’’ or ‘‘No Hunting temporary blind of natural materials. brought onto the refuge such as charcoal or Trapping Zone,’’ we prohibit upland You may gather grasses and marsh or firewood. However, transport of game hunting at all times. We describe vegetation (e.g., willow, cattail, bulrush, firewood must be in accordance with these areas more fully in Condition A5. 6. We prohibit hunting of upland lotus, and/or arrowhead) from the refuge State or county regulations. We prohibit game within 50 yards (45.7 meters) of for blind-building materials. However, use of firewood originating more than the Great River Trail at Thomson you may not gather, bring onto the 50 miles from the refuge unless certified Prairie, within 150 yards (137.2 meters) refuge, or use for blind building, tree(s) as pest-free. You must remove any of the Great River Trail at Mesquaki or other plant parts, including dead unused firewood brought onto the Lake, and within 400 yards (365.8 wood on the ground, greater than 2 refuge upon departure due to threat of meters) of the Potter’s Marsh Managed inches (5 centimeters) in diameter. invasive insects. Hunt area, all in or near Pool 13, Nonnative species may not be gathered * * * * * Illinois. from nor brought onto the refuge for B. Upland Game Hunting. We allow 7. In the area posted and shown on building or brushing temporary blinds hunting of upland game on areas of the maps as ‘‘Mesquaki Lake No Hunting (e.g., Phragmites (giant cane)). We refuge designated by the refuge manager Zone,’’ Pool 13, Illinois, we prohibit prohibit constructing hunting blinds and shown on maps available at refuge hunting upland game from April 1 to from rocks placed for shoreline offices in accordance with State September 30. protection (rip rap). You may leave only regulations. We prohibit upland game 8. For hunting, you may use or temporary blinds made entirely of hunting from March 16 through August possess only approved nontoxic shot natural vegetation and biodegradable 31 each year except for spring wild shells while in the field, including shot twines on the refuge. We consider all turkey hunting, and squirrel hunting on shells used for hunting wild turkey (see such blinds public property and open to the Illinois portion of the refuge. All § 32.2(k)). use by any person on a first-come, first- upland game hunting is subject to the 9. We prohibit the shining of a light served basis. At the end of each day’s following conditions: to locate any animal on the refuge hunt, you must remove all manmade 1. Conditions A1 and A2 apply. except at the point of kill for species blind materials, including boat blinds. 2. We prohibit the discharging of specified in respective State night or Any blinds containing manmade firearms (including dog training pistols artificial light hunting regulations (see materials left on the refuge are subject and dummy launchers), air guns, or any § 27.73 of this chapter). You may use to immediate removal and disposal. other weapons on the refuge, unless you lights to find your way. We prohibit the Manmade materials include, but are not are a licensed hunter or trapper engaged distribution of bait or feed, the hunting limited to, wooden pallets, metal fence in authorized activities during over bait or feed, and the use or posts, wire, nails, staples, netting, or established seasons, in accordance with possession of any drug on any arrow for tarps (see §§ 27.93 and 27.94 of this Federal, State, and local regulations. We bow hunting (see § 32.2(g) and (h)). You chapter). We prohibit occupying or prohibit target practice on the refuge must comply with all other hunt using any blind made with (see §§ 27.42 and 27.43 of this chapter). method regulations of the respective unauthorized materials. 3. In areas posted and shown on maps State on the refuge. 13. We require a 200-yard (182.9- as ‘‘No Entry—Sanctuary,’’ we prohibit 10. Conditions A8, A11, A12, and A14 meter) spacing distance between entry and upland game hunting at all through A19 apply. hunting parties on the Illinois portions times. In areas posted and shown on C. Big Game Hunting. We allow of the refuge in Pools 12, 13, and 14. maps as ‘‘No Entry—Sanctuary October hunting of big game on areas of the * * * * * 1 to end of state duck hunting season,’’ refuge designated by the refuge manager
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and shown on maps available at refuge deer. A deer drive is defined as a ■ b. Revising paragraphs A.1, and A.3; offices in accordance with State deliberate action by one or more removing paragraph A.6; redesignating regulations. We prohibit big game persons, whether armed or unarmed, on paragraphs A.7, A.8, A.9, A.10, A.11 hunting from March 16 through August foot or with the aid of a conveyance, and A.12 as A.6, A.7, A.8, A.9, A.10, 31 each year. In areas closed to public whose intent is to cause deer to move and A.11, respectively; revising newly access on the Lost Mound Unit of within shooting range of one or more designated paragraphs A.7 and A.9; and Savanna District, Illinois, we permit participating hunters. adding paragraph A.12 under Dahomey firearm deer hunts by youth and D. Sport Fishing. *** National Wildlife Refuge. disabled hunters in accordance with 1. Condition A2 applies. ■ c. Revising the entry for Hillside procedures and regulations established * * * * * National Wildlife Refuge. by the refuge manager. Special 3. In the Spring Lake ‘‘No Entry— ■ d. Revising paragraphs B and C under regulations are in effect that identify Sanctuary, October 1 to end of State Holt Collier National Wildlife Refuge. specific hunt sites and restrict hunter’s duck hunting season’’ area, Pool 13, ■ e. Revising the entry for Mathews movements, access, and firearms/ Illinois, we prohibit fishing from Brake National Wildlife Refuge. ammunition that may be used by special October 1 until the day after the close ■ f. Revising the entry for Morgan Brake hunt participants. All big game hunting of the State duck hunting season. National Wildlife Refuge. is subject to the following conditions: * * * * * ■ g. Revising the entry for Panther 1. Conditions A1, A2, and B2 apply. 6. For the purpose of determining Swamp National Wildlife Refuge. 2. In areas posted and shown on maps length limits, slot limits, and daily creel ■ h. Revising the entry for Sam D. as ‘‘No Entry—Sanctuary,’’ we prohibit limits, the impounded areas of Spring Hamilton Noxubee National Wildlife entry and big game hunting at all times. Lake and Duckfoot Marsh in Pool 13, Refuge. In areas posted and shown on maps as Illinois, and Pleasant Creek in Pool 13, ■ i. Revising paragraphs A.2, A.6, B.1, ‘‘No Entry—Sanctuary October 1 to end Iowa, are part of the Mississippi River and C.10; removing paragraph D.1; of state duck hunting season,’’ we allow site-specific State regulations. redesignating paragraphs D.2, D.3, D.4, big game hunting beginning the day 7. Conditions A12, and A15 through D.5, D.6, D.7 and D.8 as D.1, D.2, D.3, after the respective State duck hunting A19 apply. D.4, D.5, D.6, and D.7, respectively; and season until big game season closure or 8. Commercial fishing in Spring Lake revising newly designated paragraph March 15, whichever comes first. We and Crooked Slough, Pool 13, Illinois, D.7 under St. Catherine Creek National describe these areas more fully in requires a Special Use Permit (Permit Wildlife Refuge. Condition A3. Application Form: National Wildlife ■ j. Revising paragraphs A.1 and A.3; 3. In areas posted and shown on maps Refuge System Commercial Special Use, removing paragraph A.7; redesignating as ‘‘Area Closed’’ and ‘‘Area Closed—No FWS Form 3–1383–C) issued by the paragraphs A.8, A.9, A.10, A.11, A.12, Motors,’’ we allow big game hunting refuge or district manager (see § 31.13 of and A.13 as A.7, A.8, A.9, A.10, A.11, beginning the day after the respective this chapter). and A.12, respectively; revising newly State duck hunting season until big designated paragraph A.10; and adding game season closure or March 15, Windom Wetland Management District paragraph A.13 under Tallahatchie whichever comes first. We ask that you A. Migratory Game Bird Hunting. National Wildlife Refuge. practice voluntary avoidance of these *** ■ k. Revising paragraphs A, B, and C areas by any means or for any purpose 6. For hunting, you may use or under Yazoo National Wildlife Refuge. from October 15 to the end of the possess only approved nontoxic shot The additions and revisions read as respective State duck season. In areas shells while in the field, including shot follows: shells used for hunting wild turkey (see also marked ‘‘Area Closed—No Motors,’’ § 32.43 Mississippi. we prohibit the use of motors on § 32.2(k)). watercraft from October 15 to the end of B. Upland Game Hunting. We allow * * * * * the respective State duck season. These hunting of upland game throughout the Coldwater National Wildlife Refuge areas are described more fully in district, except that you may not hunt A. Migratory Game Bird Hunting. We Condition A4. on the Worthington Waterfowl 4. In areas posted and shown on maps Production Area (WPA) in Nobles allow hunting of migratory waterfowl, as ‘‘No Hunting Zone’’ or ‘‘No Hunting County or designated portions of the coot, snipe, and woodcock on or Trapping Zone,’’ we prohibit big Wolf Lake WPA in Cottonwood County, designated areas of the refuge in game hunting at all times. We describe in accordance with State regulations accordance with State regulations and these areas more fully in Condition A5. and subject to the following condition: subject to the following conditions: 5. We prohibit hunting of big game Conditions A3 through A6 apply. 1. All hunters must comply with all within 50 yards (45.7 meters) of the C. Big Game Hunting. *** State hunter education requirements. Great River Trail at Thomson Prairie, 1. We prohibit hunting on the All hunters age 16 years and older must within 150 yards (137.2 meters) of the Worthington WPA in Nobles County possess and carry a valid, signed refuge Great River Trail at Mesquaki Lake, and and designated portions of the Wolf hunting permit (signed brochure). All within 400 yards (365.8 meters) of the Lake WPA in Cottonwood County. persons younger than age 16, while Potter’s Marsh Managed Hunt area, all * * * * * hunting on the refuge, must be in the in or near Pool 13, Illinois. ■ 19. Amend § 32.43 by: presence and under the direct 6. In the area posted and shown on ■ a. Revising the introductory text of supervision of a licensed or exempt maps as ‘‘Mesquaki Lake No Hunting paragraph A; revising paragraphs A.1 hunter at least age 21, when hunting. A Zone,’’ Pool 13, Illinois, we prohibit and A.3; removing paragraph A.6; licensed hunter supervising a youth as hunting big game from April 1 to redesignating paragraphs A.7, A.8, A.9, provided in this section must hold all September 30. A.10, and A.11 as A.6, A.7, A.8, A.9 and required licenses and permits. 7. Conditions A8, A11, A12, A14 A.10, respectively; revising newly * * * * * through A19, and B8 and B9 apply. designated paragraphs A.6 and A.8; and 3. We allow hunting of migratory 8. On refuge-managed lands in adding a new paragraph A.11 under game birds, including the Light Goose Illinois, we prohibit organized drives for Coldwater National Wildlife Refuge. Conservation Order, on Wednesday,
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Saturdays, and Sundays from 1⁄2 hour square centimeters) of visible, unbroken, 9. We prohibit all other public use on before legal sunrise and ending at 12 fluorescent orange-colored material the refuge during the muzzleloader deer p.m. (noon). Hunters must remove all above the waistline. Waterfowl hunters hunt. decoys, blind materials (see § 27.93 of must comply while walking/boating to 10. For hunting, you may possess or this chapter), and harvested waterfowl and from actual hunting area. Waterfowl use only approved nontoxic shot (see from the area no later than 1 p.m. each hunters may remove the fluorescent § 32.2(k)). day. orange while actually hunting. 11. With the exception of raccoon * * * * * * * * * * hunting and frogging, we limit refuge 6. During the refuge deer firearm 9. You must remove decoys, blinds, entry and exit to the period of 4 a.m. to 1 season, including primitive weapons boats, other personal property, and litter 1 ⁄2 hours after legal sunset. hunt and the youth gun hunt, all (see §§ 27.93 and 27.94 of this chapter) 12. For instances of lost or stolen hunters and visitors on the refuge, from the hunting area following each public use permits, management may except waterfowl hunters and nighttime morning’s hunt. We prohibit cutting or issue duplicates at their discretion, and raccoon hunters, must wear in full view removing trees and other vegetation (see we may charge a fee. a minimum of 500 square inches § 27.51 of this chapter). We prohibit the 13. Valid permit holders may take the (3,225.8 square centimeters) of solid, use of flagging, paint, blazes, tacks, or following in season incidental to other unbroken fluorescent orange. When other types of markers. refuge hunts with weapons legal for that hunt: raccoon, opossum, coyote, beaver, hunting quail or rabbit on a refuge * * * * * outside the refuge’s general gun and bobcat, nutria, and feral hog. 12. We prohibit all commercial 14. We allow all-terrain vehicles primitive weapon season, hunters must activities, including guiding or wear a fluorescent orange vest or cap. (ATVs) only on designated trails (see participating in a paid guided hunt. § 27.31 of this chapter) (see refuge * * * * * * * * * * 8. You must remove decoys, blinds, brochure map) from September 15 boats, other personal property, and litter Hillside National Wildlife Refuge through February 28. We prohibit horses (see §§ 27.93 and 27.94 of this chapter) and mules. A. Migratory Game Bird Hunting. We 15. We prohibit hunting over or the from the hunting area following each allow hunting of goose, duck, morning’s hunt. We prohibit cutting or placement of bait (see § 32.2(h)). We merganser, coot, and dove on designated prohibit the possession, direct or removing trees and other vegetation (see areas of the refuge in accordance with § 27.51 of this chapter). We prohibit the indirect placing, exposing, depositing, State regulations and subject to the or scattering of any salt, grain, powder, use of flagging, paint, blazes, tacks, or following conditions: other types of markers. liquid or other feed substance to attract 1. Each person age 16 and older game. * * * * * hunting or fishing must possess a valid 16. We prohibit hunting or shooting 11. We prohibit all commercial T R Complex Annual Public Use Permit into a 100-foot (30.5-meter) zone along activities, including guiding or card (name/address/phone number). either side of pipelines, power line participating in a paid guided hunt. 2. All youth hunters age 15 and rights-of-way, designated roads, trails, * * * * * younger must possess and carry a or around parking lots (see refuge Dahomey National Wildlife Refuge hunter safety course card or certificate brochure map). It is considered hunting and be in the presence and direct if you have a loaded weapon, if you A. Migratory Game Bird Hunting. supervision of a Mississippi licensed or have a nocked arrow while bow *** exempt hunter, age 21 or older. One 1. All hunters must comply with all hunting, or if you are in an elevated tree adult may supervise no more than one stand or ground blind with a means to State hunter education requirements. youth hunter. All hunters age 16 years and older must take, within these areas. 3. Before hunting or fishing, all 17. Hunters must remove all decoys, possess and carry a valid, signed refuge participants must display their User blind material (see § 27.93 of this hunting permit (signed brochure). All Information/Harvest Report Card (Big chapter), and harvested waterfowl from persons younger than age 16, while Game Harvest Report, FWS Form 3– the area no later than 1 p.m. each day. hunting on the refuge, must be in the 2359) in plain view in their vehicle so 18. We allow dogs for retrieving presence and under the direct that the required information is migratory birds. supervision of a licensed or exempt readable. All cards must be returned 19. We allow goose, duck, merganser hunter at least age 21, when hunting. A upon completion of the activity and and coot hunting beginning 1⁄2 hour licensed hunter supervising a youth as before leaving the refuge. before legal sunrise until 12 p.m. (noon). provided in this section must hold all 4. We prohibit hunting or entry into 20. There is no early teal season. required licenses and permits. areas designated as ‘‘CLOSED’’ (see 21. We allow dove hunting on * * * * * refuge brochure map). specified dates and areas within the first 3. We allow hunting of migratory 5. We prohibit possession of alcoholic and second State seasons. The first two game birds, including the Light Goose beverages (see § 32.2(j)). Saturdays of the first season require a Conservation Order, on Wednesdays, 6. It is unlawful to throw, dump, Limited Hunt Permit (name/address/ Saturdays, and Sundays from 1/2 hour dispose of, or intentionally leave any phone number) assigned by random before legal sunrise until 12 p.m. (noon). fish or wildlife, wildlife parts, or waste computer drawing. At the end of the Hunters must remove all decoys, blind on the refuge. You must remove all parts hunt, you must return the permit with material (see § 27.93 of this chapter), from the refuge with the exception of information concerning your hunt. If and harvested waterfowl from the area field dressing. you fail to return this permit, you will no later than 1 p.m. each day. 7. We prohibit the use of plastic not be eligible for any limited hunts the * * * * * flagging tape. next year. Contact the refuge 7. During any open refuge hunting 8. Vehicles must be parked in such a headquarters for specific dates and open season, all hunters, or persons on the manner as not to obstruct roads, gates, areas. refuge for any reason, must wear a turn rows, or fire lanes (see § 27.31(h) of B. Upland Game Hunting. We allow minimum of 500 square inches (3,225.8 this chapter). hunting of squirrel, rabbit, quail, and
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raccoon on designated areas of the your hunt. If you fail to return this other refuge hunts with weapons legal refuge in accordance with State permit, you will not be eligible for any for that hunt: raccoon, opossum, coyote, regulations and subject to the following limited hunts the next year. Contact beaver, bobcat, nutria, and feral hog. conditions: refuge headquarters for specific 10. We allow only shotguns with 1. Conditions A1 through A16 apply. requirements, hunts, and application approved nontoxic shot (see § 32.2(k)), 2. We allow only shotguns with dates. .22 and .17 caliber rimfire rifles for approved nontoxic shot (see § 32.2(k)), D. Sport Fishing. We allow fishing on small game hunting. and .22 and .17 caliber rimfire rifles for designated areas of the refuge in 11. We allow rabbit hunting with dogs small game hunting. accordance with State regulations and in February. 3. We allow dogs for hunting squirrel subject to the following conditions: 12. During the rabbit hunt, any person and quail, and for the February rabbit 1. Conditions A1 through A16 and B5 hunting or accompanying another hunt. apply. person hunting must wear at least 500 4. All hunters must wear at least 500 2. We prohibit trot lines, limb lines, square inches (3,225.8 square square inches (3,225.8 square jugs, seines, and traps. centimeters) of unbroken, fluorescent- centimeters) of unbroken, fluorescent- 3. We allow frogging during the State orange material visible above the orange material visible above the bullfrog season. waistline as an outer garment. waistline as an outer garment while 4. We allow fishing in the borrow 13. With the exception of raccoon hunting and en route to and from ponds along the north levee (see refuge hunting, we limit refuge entry and exit hunting areas during any firearm deer brochure map) throughout the year to the period of 4 a.m. to 11⁄2 hours after season (State and/or refuge) and while except during the muzzleloader deer legal sunset. rabbit hunting. hunt. 14. We prohibit all-terrain vehicles 5. Beginning the first day after the 5. We open all other refuge waters to (ATVs), utility-type vehicles (UTVs), deer muzzleloader hunt, we prohibit fishing March 1 through November 15. horses, and mules on the refuge. entry into the Turkey Point area until 6. We prohibit fishing from bridges. 15. We prohibit hunting over or the March 1. placement of bait (see § 32.2(h)). We C. Big Game Hunting. We allow Holt Collier National Wildlife Refuge prohibit the possession, direct or hunting of white-tailed deer and turkey * * * * * indirect placing, exposing, depositing, on designated areas of the refuge in B. Upland Game Hunting. We allow or scattering of any salt, grain, powder, accordance with State regulations and hunting of rabbit and furbearers on liquid, or other feed substance to attract subject to the following conditions: designated areas in accordance with game. 1. Conditions A1 through A16, and B4 State regulations and subject to the 16. For instances of lost or stolen through B5 apply. following conditions: public use permits (FWS Form 1383), 2. We prohibit organized drives for 1. Each person age 16 and older management may issue duplicates at deer and feral hog. hunting or fishing must possess a valid their discretion, and may charge a fee. 3. Hunting or shooting within or T R Complex Annual Public Use Permit 17. It is unlawful to throw, dump, adjacent to open fields and tree (name/address/phone number). dispose of, or intentionally leave any plantations less than 5 feet (1.5 meters) 2. All youth hunters age 15 and fish or wildlife, wildlife parts, or waste in height must be from a stand a younger must possess and carry a on the refuge. You must remove all parts minimum of 10 feet (3 meters) above the Hunter Safety Course Card or certificate from the refuge with the exception of ground. and be in the presence and direct field dressing. 4. Deer check station dates, locations, supervision of a Mississippi licensed or 18. We prohibit all other public use and requirements are designated in the exempt hunter, age 21 or older. One on the refuge during muzzleloader deer refuge brochure. Prior to leaving the adult may supervise no more than one hunts. Refuge, you must check all harvested youth hunter. 19. We prohibit hunting or shooting deer at the nearest self-service check 3. Before hunting or fishing, all into a 100-foot (30.5-meter (m)) zone station following the posted participants must display their User along either side of pipelines, power instructions. Information/Harvest Report Card (Big line rights-of-way, designated roads, 5. Hunters may possess and hunt from Game Harvest Report—FWS Form 3– trails, or around parking lots (see refuge only one stand or blind. Hunters may 2359) in plain view in their vehicle so brochure map). It is considered hunting place a deer stand or blind 48 hours that the required information is if you have a loaded weapon, if you prior to a hunt and must remove it readable. All cards must be returned have a nocked arrow while bow within 48 hours after each designated upon completion of the activity and hunting, or if you are in an elevated tree hunt with the exception of closed areas before leaving the refuge. stand or ground blind with a means to where special regulations apply (see 4. We prohibit hunting or entry into take, within these areas. brochure). areas designated as ‘‘CLOSED’’ (see C. Big Game Hunting. We allow 6. During designated muzzleloader refuge brochure map). hunting of white-tailed deer on hunts, we allow archery equipment and 5. We prohibit possession of alcoholic designated areas of the refuge in muzzleloaders loaded with a single ball; beverages (see § 32.2(j)). accordance with State regulations and we prohibit breech-loading firearms of 6. We prohibit the use of plastic subject to the following conditions: any type. flagging tape. 1. Conditions B1 through B7, B9, and 7. Turkey hunting opportunities will 7. Vehicles should be parked in such B13 through B19 apply. consist of three limited draw hunts a manner as not to obstruct roads, gates, 2. All hunters must wear at least 500 within the State season time frame. turn rows, or fire lanes (see § 27.31(h) of square inches (3,225 square centimeters) These hunts require a Limited Hunt this chapter). of unbroken, fluorescent-orange material Permit (Big/Upland Game Hunt 8. We prohibit all other public use on visible above the waistline as an outer Application Permit, FWS Form 3–2356) the refuge during all limited draw garment while hunting and en route to assigned by random computer drawing. hunts. and from hunting areas during any At the end of the hunt, you must return 9. Valid permit holders may take the firearm deer season (State and/or the permit with information concerning following in season as incidental to refuge).
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3. We prohibit organized drives for from the refuge with the exception of next year. Contact refuge headquarters deer and feral hog. field dressing. for specific requirements, hunts, and 4. Hunting or shooting within or 7. We prohibit the use of plastic application dates. adjacent to open fields or tree flagging tape. 21. Beginning the day before duck plantations less than 5 feet (1.5 meters) 8. Vehicles should be parked in such season opens and ending the last day of in height must be from a stand a a manner as not to obstruct roads, gates, duck season, we close refuge waters to minimum of 10 feet (3 meters) above the turn rows, or firelanes (see § 27.31(h) of all public use from 1 p.m. until 4 a.m. ground. this chapter). 22. All waterfowl hunters must 5. Deer check station dates, locations, 9. For hunting, you may possess or launch from and return to the U.S. Fish and requirements are designated in the use only approved nontoxic shot (see and Wildlife Service boat ramp each refuge brochure. Prior to leaving the § 32.2(k)). day. refuge, you must check all harvested 10. With the exception of raccoon B. Upland Game Hunting. We allow deer at the nearest self-service check hunting and frogging, we limit refuge hunting of squirrel, rabbit, and raccoon station following the posted entry and exit to the period of 4 a.m. to on designated areas in accordance with instructions. 11⁄2 hours after legal sunset. State regulations and subject to the 6. Hunters may possess and hunt from 11. For instances of lost or stolen following conditions: only one stand or blind. Hunters may public use permits (name/address/ 1. Conditions A1 through A15 and place a deer stand or blind 48 hours phone number), management may issue A21 apply. prior to a hunt and must remove it duplicates at their discretion, and the 2. We allow only shotguns with within 48 hours after each designated hunter may incur a fee. approved nontoxic shot (see § 32.2(k)), hunt with the exception of closed areas 12. Valid permit holders may take the and .22 and .17 caliber rimfire rifles for where special regulations apply (see following in season incidental to other small game hunting. brochure). refuge hunts with weapons legal for that 3. We allow dogs for hunting squirrel 7. During designated muzzleloader hunt: raccoon, opossum, coyote, beaver, and for the February rabbit hunt. hunts, we allow archery equipment and bobcat, nutria, and feral hog. 4. All hunters must wear at least 500 13. We prohibit all-terrain vehicles muzzleloaders loaded with a single ball; square inches (3,225.8 square (ATVs), utility-type vehicles (UTVs), we prohibit breech-loading firearms of centimeters) of unbroken, fluorescent- horses, and mules on the refuge. any type. orange material visible above the 14. We prohibit hunting over or the waistline as an outer garment while * * * * * placement of bait (see § 32.2(h)). We hunting and en route to and from Mathews Brake National Wildlife prohibit the possession, direct or hunting areas during any firearm deer Refuge indirect placing, exposing, depositing, season (State and/or refuge) and while or scattering of any salt, grain, powder, rabbit hunting. A. Migratory Game Bird Hunting. We liquid, or other feed substance to attract 5. Beginning the day before waterfowl allow hunting of goose, duck, game. season, we restrict hunting to the merganser, and coot on designated areas 15. We prohibit hunting or shooting waterfowl hunt area (see refuge of the refuge in accordance with State into a 100-foot (30.5m) zone along either brochure map). regulations and subject to the following side of pipelines, power line rights-of- C. Big Game Hunting. We allow conditions: way, designated roads, trails, or around hunting of white-tailed deer on 1. Each person age 16 and older parking lots (see refuge brochure map). designated areas in accordance with hunting or fishing must possess a valid It is considered hunting if you have a State regulations and subject to the T R Complex Annual Public Use Permit loaded weapon, if you have a nocked following conditions: (name/address/phone number). arrow while bow hunting, or if you are 1. Conditions A1 through A15, A21, 2. All youth hunters age 15 and in an elevated tree stand or ground B4, and B5 apply. younger must possess and carry a blind with a means to take, within these 2. We prohibit organized drives for hunter safety course card or certificate areas. deer and feral hog. and be in the presence and direct 16. Hunters must remove all decoys, 3. Hunting or shooting within or supervision of a Mississippi licensed or blind material (see § 27.93 of this adjacent to open fields or tree exempt hunter, age 21 or older. One chapter), boats, and harvested waterfowl plantations less than 5 feet (1.5 meters) adult may supervise no more than one from the area no later than 1 p.m. each in height must be from a stand a youth hunter. day. minimum of 10 feet (3 meters) above the 3. Before hunting and fishing, all 17. We allow dogs for retrieving ground. participants must display their User migratory birds. 4. Deer check station dates, locations, Information/Harvest Report Card (Big 18. We allow goose, duck, merganser, and requirements are designated in the Game Harvest Report, FWS Form 3– and coot hunting beginning 1⁄2 hour refuge brochure. Prior to leaving the 2359) in plain view in their vehicle so before legal sunrise until 12 p.m. (noon). refuge, you must check all harvested that the required information is 19. There is no early teal season. deer at the nearest self-service check readable. All cards must be returned 20. We allow hunting during open station following the posted upon completion of the activity and State season. The first 2 days of the instructions. before leaving the refuge. season and all weekends, with the 5. Hunters may possess and hunt from 4. We prohibit hunting or entry into exception of youth weekends, are only one stand or blind. A hunter may areas designated as ‘‘CLOSED’’ (see limited draw hunts. These hunts require place a deer stand or blind 48 hours refuge brochure map). a Limited Hunt Permit (name/address/ prior to a hunt and must remove it 5. We prohibit possession of alcoholic phone number) assigned by random within 48 hours after each designated beverages (see § 32.2(j)). computer drawing. At the end of the hunt with the exception of closed areas 6. It is unlawful to throw, dump, hunt, you must return the permit with where special regulations apply (see dispose of, or intentionally leave any information concerning your hunt. If brochure). fish or wildlife, wildlife parts, or waste you fail to return this permit, you will 6. We allow archery hunting October on the refuge. You must remove all parts not be eligible for any limited hunts the 1 through January 31.
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D. Sport Fishing. We allow fishing on entry and exit to the period of 4 a.m. to C. Big Game Hunting. We allow designated areas of the refuge in 11⁄2 hours after legal sunset. hunting of white-tailed deer on accordance with State regulations and 12. For instances of lost or stolen designated areas of the refuge in subject to the following conditions: public use permits (name/address/ accordance with State regulations and 1. Conditions A1 through A15, and phone number), management may issue subject to the following conditions: A21 apply. duplicates at their discretion, and the 1. Conditions A1 through A16 and B4 2. We prohibit trot lines, limb lines, hunter may incur a fee. apply. jugs, seines, and traps. 13. Valid permit holders may take the 2. We prohibit organized drives for 3. We allow frogging during the State following in season incidental to other deer and feral hog. bullfrog season. refuge hunts with weapons legal for that 3. Hunting or shooting within or 4. We allow fishing in all refuge hunt: raccoon, opossum, coyote, beaver, adjacent to open fields or tree waters throughout the year, except in bobcat, nutria and feral hog. plantations less than 5 feet (1.5 meters) the waterfowl sanctuary, which we 14. We allow all-terrain vehicles in height must be from a stand a close to fishing from the first day of (ATVs) only on designated trails (see minimum of 10 feet (3 meters) above the duck season through March 1 (see § 27.31 of this chapter) (see refuge ground. refuge brochure map). brochure map) from September 15 4. Deer check station dates, locations, Morgan Brake National Wildlife Refuge through February 28. We prohibit horses and requirements are designated in the A. Migratory Game Bird Hunting. We and mules. refuge brochure. Prior to leaving the allow hunting of goose, duck, 15. We prohibit hunting over or the refuge, you must check all harvested merganser, and coot on designated areas placement of bait (see § 32.2(h)). We deer at the nearest self-service check of the refuge in accordance with State prohibit the possession, direct or station following the posted regulations and subject to the following indirect placing, exposing, depositing, instructions. conditions: or scattering of any salt, grain, powder, 5. Hunters may possess and hunt from 1. Each person age 16 and older liquid, or other feed substance to attract only one stand or blind. Hunters may hunting or fishing must possess a valid game. place a deer stand or blind 48 hours T R Complex Annual Public Use Permit 16. We prohibit hunting or shooting prior to a hunt and must remove it (name/address/phone number). into a 100-foot (30.5-meter (m)) zone within 48 hours after each designated 2. All youth hunters age 15 and along either side of pipelines, power hunt with the exception of closed areas younger must possess and carry a line rights-of-way, designated roads, where special regulations apply (see Hunter Safety Course Card or certificate trails, or around parking lots (see refuge brochure). and be in the presence and direct brochure map). It is considered hunting 6. During designated muzzleloader supervision of a Mississippi licensed or if you have a loaded weapon, if you hunts, we allow archery equipment and exempt hunter, age 21 or older. One have a nocked arrow while bow muzzleloaders loaded with a single ball; adult may supervise no more than one hunting, or if you are in an elevated tree we prohibit breech-loading firearms of youth hunter. stand or ground blind with a means to any type. 3. Before hunting or fishing, all take, within these areas. D. Sport Fishing. We allow fishing on participants must display their User 17. Hunters must remove all decoys, designated areas of the refuge in Information/Harvest Report Card (Big blind material (see § 27.93 of this accordance with State regulations and Game Harvest Report, FWS Form 3– chapter), and harvested waterfowl from subject to the following conditions: 2359) in plain view in their vehicle so the area no later than 1 p.m. each day. 1. Conditions A1 through A16 apply. that the required information is 18. We allow dogs for retrieving 2. We prohibit trot lines, limb lines, readable. All cards must be returned migratory birds. jugs, seines, and traps. upon completion of the activity and 19. We allow goose, duck, merganser, 3. We allow frogging during the State before leaving the refuge. and coot hunting beginning 1⁄2 hour bullfrog season. 4. We prohibit hunting or entry into before legal sunrise until 12 p.m. (noon). 4. We open refuge waters to fishing areas designated as ‘‘CLOSED’’ (see 20. There is no early teal season. March 1 through November 15, except refuge brochure map). B. Upland Game Hunting. We allow Providence Ponds, which is closed one 5. We prohibit possession of alcoholic hunting of squirrel, rabbit, quail, and day prior to the beginning of waterfowl beverages (see § 32.2(j)). raccoon on designated areas of the 6. It is unlawful to throw, dump, season until March 1. refuge in accordance with State dispose of, or intentionally leave any regulations and subject to the following Panther Swamp National Wildlife fish or wildlife, wildlife parts, or waste Refuge on the refuge. You must remove all parts conditions: from the refuge with the exception of 1. Conditions A1 through A16 apply. A. Migratory Game Bird Hunting. We field dressing. 2. We allow only shotguns with allow hunting of goose, duck, 7. We prohibit the use of plastic approved nontoxic shot (see § 32.2(k)), merganser, and coot on designated areas flagging tape. and .22 and .17 caliber rimfire rifles for of the refuge in accordance with State 8. Vehicles should be parked in such small game hunting. regulations and subject to the following a manner as not to obstruct roads, gates, 3. We allow dogs for hunting squirrel regulations: turn rows, or fire lanes (see § 27.31(h) of and for the February rabbit hunt. 1. Each person age 16 and older this chapter). 4. All hunters must wear at least 500 hunting or fishing must possess a valid 9. We prohibit all other public use on square inches (3,225.8 square T R Complex Annual Public Use Permit the refuge during the muzzleloader deer centimeters) of unbroken, fluorescent- (name/address/phone number). hunt. orange material visible above the 2. All youth hunters age 15 and 10. For hunting, you may possess or waistline as an outer garment while younger must possess and carry a use only approved nontoxic shot (see hunting and en route to and from Hunter Safety Course Card or certificate § 32.2(k)). hunting areas during any firearm deer and be in the presence and direct 11. With the exception of raccoon season (State and/or refuge) and while supervision of a Mississippi licensed or hunting and frogging, we limit refuge rabbit hunting. exempt hunter, age 21 or older. One
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adult may supervise no more than one hunting, or if you are in an elevated tree place a deer stand or blind 48 hours youth hunter. stand or ground blind with a means to prior to a hunt and must remove it 3. Before hunting or fishing, all take, within these areas. within 48 hours after each designated participants must display their User 17. Hunters must remove all decoys, hunt with the exception of closed areas Information/Harvest Report Card (Big blind material (see § 27.93 of this where special regulations apply (see Game Harvest Report, FWS Form 3– chapter), and harvested waterfowl from brochure). 2359) in plain view in their vehicle so the area no later than 1 p.m. each day. 6. During designated muzzleloader that the required information is 18. We allow dogs for retrieving hunts, we allow archery equipment and readable. All cards must be returned migratory birds. muzzleloaders loaded with a single ball; upon completion of the activity and 19. We allow goose, duck, merganser, we prohibit breech-loading firearms of 1 before leaving the refuge. and coot hunting beginning ⁄2 hour any type. 4. We prohibit hunting or entry into before legal sunrise until 12 p.m. (noon). 7. We allow only shotguns with 20. Beginning December 15 through areas designated as ‘‘CLOSED’’ (see approved nontoxic shot (see § 32.2(k)) March 1, we prohibit all entry into the refuge brochure map). and archery equipment for turkey 5. We prohibit possession of alcoholic Lower Twist and Carter Ponds area. 21. During the State Waterfowl season hunting. beverages (see § 32.2(j)). 8. Limited draw hunts require a 6. It is unlawful to throw, dump, (except early teal season), waterfowl hunting in Unit 1 will be on Monday, Limited Hunt Permit (name/address/ dispose of, or intentionally leave any phone number) assigned by random fish or wildlife, wildlife parts, or waste Tuesday, and Wednesday. Waterfowl hunting in Unit 2 will be on Friday, computer drawing. At the end of the on the refuge. You must remove all parts hunt, the permit with information from the refuge with the exception of Saturday, and Sunday (see refuge brochure for details). concerning that hunt must be returned field dressing. to the refuge. Failure to return this 7. We prohibit the use of plastic B. Upland Game Hunting. We allow hunting of squirrel, rabbit, quail, and permit will disqualify the hunter for any flagging tape. limited hunts the next year. 8. Vehicles should be parked in such raccoon on designated areas of the D. Sport Fishing. We allow fishing on a manner as not to obstruct roads, gates, refuge in accordance with State designated areas of the refuge in turn rows, or fire lanes (see § 27.31(h) of regulations and subject to the following accordance with State regulations and this chapter). conditions: subject to the following conditions: 9. We prohibit all other public use on 1. Conditions A1 through A16 and the refuge during all limited draw A20 apply. 1. Conditions A1 through A12 and hunts. 2. We allow only shotguns with A20 apply. 10. For hunting, you may possess or approved nontoxic shot (see § 32.2(k)), 2. We prohibit trot lines, limb lines, use only approved nontoxic shot (see and .22 and .17 caliber rimfire rifles for jugs, seines, and traps. § 32.2(k)). small game hunting. 3. We allow frogging during the State 11. With the exception of raccoon 3. We allow dogs for hunting squirrel bullfrog season. and raccoon, and for the February rabbit hunting and frogging, we limit refuge Sam D. Hamilton Noxubee National entry and exit to the period of 4 a.m. to hunt. 4. All hunters must wear at least 500 Wildlife Refuge 11⁄2 hours after legal sunset. square inches (3,225.8 square 12. For instances of lost or stolen A. Migratory Game Bird Hunting. We centimeters) of unbroken, fluorescent- public use permits (name/address/ allow hunting of goose, duck, orange material visible above the phone number), management may issue woodcock, and coot on designated areas waistline as an outer garment while duplicates at their discretion, and may of the refuge in accordance with State hunting and en route to and from charge a fee. regulations and subject to the following hunting areas during any firearm deer 13. Valid permit holders may take the conditions: season (State and/or refuge) and while following in season incidental to other 1. You must purchase a refuge rabbit hunting. refuge hunts with weapons legal for that waterfowl permit (Waterfowl Lottery C. Big Game Hunting. We allow Application; FWS Form 3–2355) for hunt: raccoon, opossum, coyote, beaver, hunting of white-tailed deer and turkey bobcat, nutria, and feral hog. waterfowl hunting in addition to on designated areas of the refuge in meeting other applicable State and 14. We allow all-terrain vehicles accordance with State regulations and (ATVs)/utility-type vehicles (UTVs) Federal requirements. No more than two subject to the following conditions: companions may accompany each only on designated trails (see § 27.31 of 1. Conditions A1 through A16, and B4 permitted hunter, and we do not require this chapter) (see refuge brochure map) apply. from September 15 through February 28. 2. We prohibit organized drives for these companions to purchase permits. We prohibit horses and mules. deer and feral hog. Permits are nontransferable and only 15. We prohibit hunting over or the 3. Hunting or shooting within or issued to hunters ages 16 and older. placement of bait (see § 32.2(h)). We adjacent to open fields or tree Permit holders can hunt as standby prohibit the possession, direct or plantations less than 5 feet (1.5 meters) hunters for any date for which indirect placing, exposing, depositing, in height must be from a stand a waterfowl hunting is open. or scattering of any salt, grain, powder, minimum of 10 feet (3 meters) above the 2. Information on hunts and hunt liquid, or other feed substance to attract ground. dates are available at refuge game. 4. Deer check station dates, locations, headquarters, on the refuge Web site, 16. We prohibit hunting or shooting and requirements are designated in the and as specified in the refuge brochure. into a 100-foot (30-meter (m)) zone refuge brochure. Prior to leaving the All hunters and anglers must possess along either side of pipelines, power refuge, you must check all harvested and carry a signed refuge public use line rights-of-way, designated roads, deer at the nearest self-service check brochure when conducting these trails, or around parking lots (see refuge station following the posted activities. brochure map). It is considered hunting instructions. 3. Hunters must remove all decoys, if you have a loaded weapon, if you 5. Hunters may possess and hunt from blind material, and harvested waterfowl have a nocked arrow while bow only one stand or blind. Hunters may from the refuge no later than 12 p.m.
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(noon) each day (see §§ 27.93 and 27.94 3. We only allow shotguns with a shot 7. We prohibit hunting by aid or of this chapter). size no larger than No. 2 and rifles no distribution of any feed, salt, scent 4. All youth hunters of age 15 and larger than a standard .22 caliber for attractant, or other mineral at any time younger must remain within sight and taking upland game. We prohibit .22 (see § 32.2(h)). normal voice contact of an adult age 21 caliber magnum ammunition and .17 8. While climbing a tree, installing a or older. One adult may supervise not Hornady Magnum Rimfire (HMR) for tree stand that uses climbing aids, or more than two youth hunters. hunting. hunting from a tree stand on the refuge, 5. All waterfowl hunters must check- 4. We allow hunting of squirrel, hunters must use a fall-arrest system in and out at the refuge’s duck check raccoon, rabbit, quail, and opossum (full body harness) that is manufactured station both before and after a day’s with unleashed dogs during designated to the Treestand Manufacturer’s hunt. hunts. Association’s standards. 6. We prohibit possession of alcoholic 5. We allow raccoon and opossum D. Sport Fishing. We allow sport beverages (see § 32.2(j)). hunting between the hours of legal fishing on designated areas of the refuge 7. Persons possessing, transporting, or sunset and legal sunrise. in accordance with State regulations carrying firearms on the refuge must 6. Conditions A2, A4, A6, A7, A8, A9, and subject to the following conditions: comply with all provisions of State and A10, A12 and A13 apply. 1. The general sport fishing, boating, local law. Persons may only use 7. We prohibit the use of all-terrain and bow fishing season extends from (discharge) firearms in accordance with vehicles (ATVs), utility-type vehicles March 1 through October 31, except for refuge regulations (see § 27.42 of this (UTVs), and livestock, including horses the posted southern shore of Bluff Lake, chapter and specific refuge regulations and mules. the entire Noxubee River, and all in part 32). 8. We prohibit hunting or entry into borrow pit areas along Highway 25 that 8. All hunters may possess only areas designated as being ‘‘closed’’ (see are open year-round to fishing. Persons approved nontoxic shot while hunting refuge brochure map). must possess and carry a signed refuge within wetlands and green-tree 9. Hunters may take incidental public use brochure when fishing. reservoirs (see § 32.2(k)). species (coyote, beaver, nutria, and feral 9. We prohibit leaving any personal hog) during any hunt with those 2. Conditions A7, A9, and B7 apply property, including, but not limited to, weapons legal during those hunts. (see § 27.93 of this chapter). boats or vehicles of any type, geocaches, 10. We require all hunters to record 3. Anglers must keep boat travel at and cameras, overnight on the refuge hours hunted and all harvested game on idle speed, and they must not create a (see § 29.93 of this chapter). The only the Upland Game Hunt Report (FWS wake when moving. exceptions are tree stands used for deer Form 3–2362) at the conclusion of each 4. We prohibit limb lines, jug fishing, hunting and trotlines and jugs used for day at one of the refuge check stations. trotlines, snag lines, and hand grappling fishing. C. Big Game Hunting. We allow in Ross Branch, Bluff, and Loakfoma 10. During the deer firearm (primitive hunting of white-tailed deer and turkey Lakes. or modern gun) hunts, any person on designated areas of the refuge in 5. When left unattended, anglers must hunting species other than waterfowl, accordance with State regulations and tag fishing gear with their name, accompanying another person hunting subject to the following conditions: address, and phone number. Anglers species other than waterfowl, or walking 1. Conditions A2, A4, A6, A7, A8, A9, must check all gear within 24 hours or off-trail within areas open to deer A10, A12, A13, B2, B7, B7, B9, and B10 remove these devices. hunting must wear at least 500 square apply. 6. Trotlining: inches (3,225.8 square centimeters) of 2. You must purchase a refuge quota i. Anglers must label each end of the unbroken fluorescent-orange material deer permit (Quota Deer Hunt trotline floats with the owner’s name, visible above the waistline as an outer Application; FWS Form 3–2354) in address, and phone number. garment at all times. addition to meeting State requirements ii. We limit trotlines to one line per 11. We allow unleashed dogs for for all refuge deer hunts. Permits are person, and we allow no more than two retrieval of migratory game birds. nontransferable. We do not require trotlines per boat. 12. We prohibit marking trees and youth younger than age 16 to purchase iii. Anglers must tend all trotlines using flagging tape, reflective tacks, and a refuge quota deer hunting permit and every 24 hours and remove them when other similar marking devices. can obtain a free permit at the refuge not in use. 13. We require all hunters to record office. iv. Trotlines must possess at least 6- hours hunted and game harvested using 3. We prohibit organized drives for inch (15.2-centimeter) cotton string the Migratory Bird Hunt Report (FWS deer. leads. 4. You may place portable tree stands Form 3–2361). 7. Jug fishing: B. Upland Game Hunting. We allow for deer hunting on the refuge only hunting of squirrel, rabbit, quail, during the open deer season. You must i. Anglers must label each jug with opossum, and raccoon on designated clearly label all stands with your name, their name, address, and phone number. areas of the refuge in accordance with address, and phone number. When not ii. Anglers must attend all jugs every State regulations and subject to the in use and left on the refuge, you must 24 hours and remove them when not in following conditions: place stands in a nonhunting position at use. 1. We prohibit upland game hunting ground level. 8. We prohibit night time bow fishing. within the designated areas for 5. We require turkey hunters to use 9. We prohibit fishing tournaments on waterfowl hunting when waterfowl and possess nontoxic shot within all refuge waters. hunting is actively taking place. locations mapped as green-tree 10. We prohibit the taking of frogs and 2. We only allow use and possession reservoirs within the refuge brochure turtles (see § 27.21 of this chapter). of approved nontoxic shot and nontoxic (see § 32.2(k)). 11. We prohibit the use of airboats, ammunition for hunting upland game 6. We prohibit big game hunting in sailboats, hovercrafts, and inboard- within wetlands with open water and the area designated for waterfowl water-thrust boats such as, but not green-tree reservoirs whether flooded or hunting when waterfowl hunting is limited to, personal watercraft, not (see § 32.2(k)). actively taking place. watercycles, and waterbikes.
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St. Catherine Creek National Wildlife this chapter), and harvested waterfowl 10. You may possess only approved Refuge from the area no later than 1 p.m. each nontoxic shot (see § 32.2(k)) while in the A. Migratory Game Bird Hunting. day. field. *** * * * * * 11. With the exception of raccoon 2. We require that all hunters and 10. You must remove decoys, blinds, hunting, we limit refuge entry and exit 1 anglers age 16 and older purchase an boats, other personal property, and litter to the period of 4 a.m. to 1 ⁄2 hours after Annual Public Use Permit (name/ (see §§ 27.93 and 27.94) from the legal sunset. address/telephone number). We waive hunting area following each morning’s 12. For instances of lost or stolen the fee for individuals age 65 and older. hunt. We prohibit cutting or removing public use permits (name/address/ The refuge user is required to sign, trees and other vegetation (see § 27.51 of phone number), management may issue certifying that you understand and will this chapter). We prohibit the use of duplicates at their discretion, and may comply with all regulations, and carry flagging, paint, blazes, tacks, or other charge a fee. this permit at all times while on the types of markers. 13. Valid permit holders may take the refuge. * * * * * following in season as incidental to other refuge hunts with weapons legal * * * * * 13. We prohibit all commercial for that hunt: raccoon, opossum, coyote, 6. You may possess only approved activities, including guiding or beaver, bobcat, nutria, and feral hog. nontoxic shot while hunting on the participating in a paid guided hunt. 14. We prohibit all-terrain vehicles refuge (see § 32.2(k)). This requirement * * * * * (ATVs), utility-type vehicles (UTVs), only applies to the use of shotgun horses, and mules are prohibited. ammunition. Yazoo National Wildlife Refuge 15. We prohibit hunting over or the * * * * * A. Migratory Game Bird Hunting. We placement of bait (see § 32.2(h)). We B. Upland Game Hunting. *** allow hunting of duck, goose, prohibit the possession, direct or 1. We only allow hunting shotguns, merganser, coot, and dove on designated indirect placing, exposing, depositing, .22 caliber rimfire rifles or smaller, and areas of the refuge in accordance with or scattering of any salt, grain, powder, muzzle-loading rifles under .38 caliber State regulations and subject to the liquid, or other feed substance to attract shooting patched round balls, except for following conditions: game. raccoon hunting (see condition 3.iv 1. Each person age 16 and older 16. We prohibit hunting or shooting below). We prohibit the possession of hunting or fishing must possess a valid into a 100-foot (30.5-meter (m)) zone hunting with slugs, buckshot, or rifle T R Complex Annual Public Use Permit along either side of pipelines, power hunting ammunition larger than .22 (name/address/phone number). line rights-of-way, designated roads, rimfire. 2. All youth hunters age 15 and trails, or around parking lots (see refuge * * * * * younger must possess and carry a brochure map). It is considered hunting C. Big Game Hunting. *** Hunter Safety Course Card or certificate if you have a loaded weapon, if you 10. Refuge users must check all game and be in the presence and direct have a nocked arrow while bow (name) taken prior to leaving the refuge supervision of a Mississippi licensed or hunting, or if you are in an elevated tree at one of the self-clearing check stations exempt hunter, age 21 or older. One stand or ground blind with a means to indicated on the map in the Refuge adult may supervise no more than one take, within these areas. Public Use Brochure. youth hunter. 17. Hunters must remove all decoys, * * * * * 3. Before hunting or fishing, all blind material (see § 27.93 of this D. Sport Fishing. *** participants must display their User chapter), and harvested waterfowl from 7. Conditions A2, A10, A11, and A14 Information/Harvest Report Card (Big the area no later than 1 p.m. each day. apply. Game Harvest Report, FWS Form 3– 18. We allow dogs for retrieving 2359) in plain view in their vehicle so migratory birds. Tallahatchie National Wildlife Refuge that the required information is 19. We allow goose, duck, merganser, A. Migratory Game Bird Hunting. readable. All cards must be returned and coot hunting beginning 1⁄2 hour *** upon completion of the activity and before legal sunrise until 12 p.m. (noon). 1. All hunters must comply with all before leaving the refuge. B. Upland Game Hunting. We allow State hunter education requirements. 4. We prohibit hunting or entry into hunting of squirrel, rabbit, quail, and All hunters age 16 years and older must areas designated as ‘‘CLOSED’’ (see raccoon on designated areas of the possess and carry a valid, signed refuge refuge brochure map). refuge in accordance with State hunting permit (signed brochure). All 5. We prohibit possession of alcoholic regulations and subject to the following persons younger than age 16, while beverages (see § 32.2(j)). conditions: hunting on the refuge, must be in the 6. It is unlawful to throw, dump, 1. Conditions A1 through A16 apply. presence and under the direct dispose or intentionally leave any fish 2. We allow only shotguns with supervision of a licensed or exempt or wildlife, wildlife parts, or waste on approved nontoxic shot (see § 32.2(k)), hunter at least age 21, when hunting. A the refuge. You must remove all parts .22 and .17 caliber rimfire rifles for licensed hunter supervising a youth as from the refuge with the exception of small game hunting. provided in this section must hold all field dressing. 3. We allow dogs for hunting squirrel required licenses and permits. 7. We prohibit the use of plastic and raccoon, and for the February rabbit * * * * * flagging tape. hunt. 3. We only allow hunting of migratory 8. Vehicles should be parked in such 4. All hunters must wear at least 500 game birds, including the Light Goose a manner as not to obstruct roads, gates, square inches (3,225.8 square Conservation Order, on Wednesdays, turn rows, or fire lanes (see § 27.31(h) of centimeters) of unbroken, fluorescent- Saturdays, and Sundays from 1⁄2 hour this chapter). orange material visible above the before legal sunrise and ending at 12 9. We prohibit all other public use on waistline as an outer garment while p.m. (noon). Hunters must remove all the refuge during all limited draw hunting and en route to and from decoys, blind material (see § 27.93 of hunts. hunting areas during any firearm deer
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season (State and/or refuge) and while § 32.44 Missouri. or other ingestible attractant (see rabbit hunting. * * * * * § 32.2(h)). 5. We allow rabbit hunting on the 11. We require hunters to apply for Brown Tract. Big Muddy National Wildlife Refuge managed deer hunts through the C. Big Game Hunting. We allow A. Migratory Game Bird Hunting. Missouri Department of Conservation hunting of white-tailed deer and turkey *** internet draw. on designated areas of the refuge in 3. For hunting, you may use or D. Sport Fishing. *** accordance with State regulations and possess only approved nontoxic shot 1. We allow fishing year-round from subject to the following conditions: shells while in the field, including shot 1⁄2 hour before legal sunrise until 1⁄2 1. Conditions A1 through A16, and B4 shells used for hunting wild turkey (see hour after legal sunset on Red Mill apply. § 32.2(k)). Pond, Mingo River (south of Ditch 6 2. We prohibit organized drives for B. Upland Game Hunting. *** Road), Stanley Creek, May Pond, Fox deer and feral hog. 1. Condition A3 applies. Pond, Binford Pond, and Ditches 2, 3, 6, 3. Hunting or shooting within or * * * * * 10, and 11. adjacent to open fields or tree C. Big Game Hunting. 2. We allow fishing in moist soil plantations less than 5 feet (1.5 meters) 6. Condition A3 applies to wild units, Monopoly Marsh, Rockhouse in height must be from a stand a turkey only. Marsh, and Ditches 4 and 5 only from minimum of 10 feet (3 meters) above the March 1 through September 30. ground. * * * * * 4. Deer check station dates, locations, * * * * * Clarence Cannon National Wildlife 4. We prohibit all boat motors in the and requirements are designated in the Refuge refuge brochure. Prior to leaving the Mingo Wilderness. We allow the use of refuge, you must check all harvested * * * * * electric trolling motors outside the deer at the nearest self-service check C. Big Game Hunting. *** Mingo Wilderness. station following the posted 2. You must register at the hunter * * * * * sign-in/out station and record the sex instructions. Swan Lake National Wildlife Refuge 5. Hunters may possess and hunt from and age of deer harvested on the Big only one stand or blind. Hunters may Game Harvest Report (FWS Form 3– A. Migratory Game Bird Hunting. We place a deer stand or blind 48 hours 2359). allow hunting of migratory birds on prior to a hunt and must remove it * * * * * designated areas of the refuge in within 48 hours after each designated 5. You must remove all boats, blinds, accordance with State regulations and hunt with the exception of closed areas blind materials, stands, platforms, subject to the following conditions: where special regulations apply (see scaffolds, and other hunting equipment 1. For hunting, you may use or brochure). (see §§ 27.93 and 27.94 of this chapter) possess only approved nontoxic shot 6. During designated muzzleloader from the refuge at the end of each day’s shells while in the field, including shot hunts, we allow archery equipment and hunt. shells used for hunting wild turkey (see muzzleloaders loaded with a single ball; * * * * * § 32.2(k)). we prohibit breech-loading firearms of 2. We allow hunting of waterfowl, any type. Mingo National Wildlife Refuge dove, rail, snipe, and woodcock on the 7. Limited draw hunts require a A. Migratory Game Bird Hunting. Schmitt, Moresi, Bates, Truman Limited Hunt Permit (name/address/ *** Reservoir, and Yellow Creek Triangle phone number) assigned by random 10. We allow the take of feral hog at Units subject to State regulations and computer drawing. At the end of the any time and bobcat when in season, seasons. hunt, the permit with information while legally hunting others species on 3. We allow hunting of waterfowl, concerning that hunt must be returned the refuge. dove, rail, snipe, and woodcock on the to the refuge. Failure to return this B. Upland Game Hunting. *** refuge subject to the following permit will disqualify the hunter for any 1. Conditions A3, A8, A9, and A10 conditions: limited hunts the next year. apply. i. We require the Missouri Department of Conservation ‘‘Green Card’’ while 8. We allow archery deer hunting on * * * * * the Brown Tract. 7. Archery hunters may take squirrel, hunting waterfowl. * * * * * raccoon, and bobcat while in season and ii. We require Missouri Department of ■ 20. Amend § 32.44 by: feral hog anytime while archery deer Conservation ‘‘Orange Cards’’ while ■ a. Adding paragraph A.3, and revising hunting. dove hunting. paragraphs B.1 and C.6 under Big iii. You must follow designated * * * * * check-in and check-out procedures. Muddy National Wildlife Refuge. C. Big Game Hunting. *** ■ b. Revising paragraphs C.2 and C.5, iv. We only allow waterfowl hunting 1. Conditions A3, A5, A8, A9, A10, during designated days of the waterfowl removing paragraph C.7., and and B2 apply. redesignating paragraph C.8 as C.7 and seasons, late goose season, and Spring under Clarence Cannon National * * * * * Conservation Order season. Wildlife Refuge. 7. We allow portable tree stands only v. We restrict hunting hours to ■ c. Revising paragraphs B.1, B.7, C.1, from 2 weeks before to 2 weeks after the designated times on designated units. C.7, C.10, D.1, D.2, and D.4; and adding State archery deer season with the You must remove all equipment and paragraphs A.10 and C.11 under Mingo following exception: In the Expanded exit units by 1 p.m. National Wildlife Refuge. General Hunt Area, you must remove all vi. During the Spring Conservation ■ d. Revising paragraphs A, B, and C personal property at the end of each Order season, you may leave decoys and under Swan Lake National Wildlife day. blinds overnight in your assigned unit. Refuge. * * * * * vii. You may hunt only in the The additions and revisions read as 10. We prohibit the distribution of designated area to which you are follows: bait or hunting with the aid of bait, salt, assigned at the check station.
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viii. We require that you leash or 4. On the refuge, we allow hunting of of State and local law. Persons may only kennel hunting dogs when outside the white-tailed deer subject to the use (discharge) firearms in accordance hunting unit. Dogs must be under the following conditions: with refuge regulations (§ 27.42 of this control of the owner at all times. i. We require a Missouri Department chapter and specific refuge regulations ix. We restrict hunting units to parties of Conservation Permit, along with in part 32). no larger than four, unless otherwise Missouri Department of Conservation * * * * * designated. hunter identification tags and parking ■ 22. Amend § 32.48 by revising x. We prohibit driving vehicles, permits (name/address/phone number) paragraph C.5 under Umbagog National including all-terrain vehicles (ATVs), to hunt during the managed deer hunt. Wildlife Refuge. The revision reads as into units. We allow hand-pulled carts. ii. You must participate in a pre-hunt follows: You must park vehicles in designated orientation for managed deer hunts. parking areas for the unit. iii. You must hunt in designated areas § 32.48 New Hampshire. xi. We prohibit the cutting of woody during designated times. * * * * * iv. We allow entry onto the refuge 1 vegetation (see § 27.51 of this chapter) Umbagog National Wildlife Refuge on the refuge. hour prior to shooting hours during xii. We prohibit hunting or shooting managed deer hunts. You must be off * * * * * on, across, or within 100 feet (30.5 the refuge 1 hour after shooting hours, C. Big Game Hunting. *** meters) of a service road, parking lot, or unless permission has been granted by 5. We allow only temporary tree designated trail. the refuge manager or designee. stands and blinds. You may erect a tree xiii. We restrict waterfowl hunters to v. We prohibit shooting from, across, stand or blind no earlier than August 1, a designated number of shot shells in or within 100 feet (30.5 meters) of a and you must remove it by December their possession while hunting in service road, public road, parking lot, or 31. We prohibit nails, screws, or screw- designated waterfowl hunting units. designated trail unless authorized by the in climbing pegs to build or access a tree refuge manager. B. Upland Game Hunting. We allow stand or blind (see § 32.2(i)). You must vi. We allow use of portable tree hunting of upland game on designated mark tree stands and blinds with your stands and blinds during managed deer areas of the refuge in accordance with full name and address. hunts, and you must remove them at State regulations and seasons, and * * * * * designated times. You must attach your subject to the following conditions: ■ 23. Amend § 32.49 by revising name, address, and phone number to all 1. Conditions A.1 and A.3.xii apply. paragraphs A.1, A.4, A.8, B, C, and D.1 stands and blinds. During managed 2. On the Schmitt, Moresi, Bates, under Wallkill National Wildlife Refuge. firearms hunts, you must mark enclosed Truman Reservoir, and Yellow Creek The revisions read as follows: hunting blinds and stands with hunter Triangle Units, we allow hunting of orange visible from all sides. § 32.49 New Jersey. quail, rabbit, squirrel, groundhog, vii. We prohibit hunting over or * * * * * bullfrog, green frog, pheasant, raccoon, placing on the refuge any salt or other coyote, red and gray fox, bobcat, mineral blocks (see § 32.2(h)). Wallkill National Wildlife Refuge opossum, skunk, and badger according viii. During special hunts, one A. Migratory Game Bird Hunting. to State seasons and regulations. You nonhunting assistant may accompany may access the Yellow Creek Triangle *** youth or hunters with disabilities. 1. You must submit a Migratory Bird via the Yellow Creek Conservation Area. * * * * * Hunt Application/Permit (information 3. On the refuge, we allow hunting of ■ 21. Amend § 32.47 by revising taken from OMB-approved Migratory squirrel on designated areas in paragraphs A.4, C.2, and C.3 under Bird Hunt Application,FWS Form 3– accordance with State regulations and Stillwater National Wildlife Refuge. The 2357) to hunt on the refuge. We require seasons, and subject to the following revisions read as follows: hunters to possess a signed refuge hunt conditions: permit (name and address only) at all i. We allow shotguns, handguns, and § 32.47 Nevada. times while scouting and hunting on the rimfire .22 caliber rifles. * * * * * refuge. We charge a fee for all hunters ii. You may not access the refuge from except youth age 16 and younger. neighboring private or public lands. Stillwater National Wildlife Refuge iii. We restrict hunting use hours on A. Migratory Game Bird Hunting. * * * * * designated hunting units. *** 4. We provide a designated hunting C. Big Game Hunting. We allow 4. Persons possessing, transporting or area at 119 Owens Station Road, hunting of deer and wild turkey on carrying firearms on national wildlife Vernon, New Jersey. We reserve this designated areas of the refuge in refuges must comply with all provisions property for the exclusive use of accordance with State regulations and of State and local law. Persons may only physically challenged individuals who subject to the following conditions: use (discharge) firearms in accordance have produced evidence of the New 1. Condition A.1 applies only to wild with refuge regulations (§ 27.42 of this Jersey Permit to Shoot or Hunt from a turkey. Conditions A.3.iii. and B.3.ii. chapter and specific refuge regulations Stationary Vehicle and possess a signed, apply. in part 32). disabled hunter refuge permit. 2. On the Schmitt, Moresi, Bates, and * * * * * * * * * * Truman Reservoir Units, we allow C. Big Game Hunting. *** 8. We require hunters to remove all hunting of white-tailed deer and wild 2. Hunters must only use shotguns, hunting blind material, boats, and turkey in accordance with State muzzleloading weapons, or bow and decoys from the refuge at the end of regulations and seasons. arrow, and may possess and use only each hunting season (see § 27.93 of this 3. On the Yellow Creek Triangle Unit, nontoxic projectiles for hunting (see chapter). we allow archery hunting of white- § 32.2(k)). * * * * * tailed deer consistent with regulations 3. Persons possessing, transporting or B. Upland Game Hunting. We allow and seasons in the adjacent Yellow carrying firearms on national wildlife hunting of coyote, fox, crow, ruffed Creek Wildlife Management Area. refuges must comply with all provisions grouse, opossum, raccoon, pheasant,
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chukar, rabbit/hare/jackrabbit, squirrel, mourning, white-winged, and Eurasian weapon legal for deer on that day in that and woodchuck on designated areas of collared dove; and sandhill crane on area. the refuge in accordance with State of designated areas of the refuge in * * * * * New Jersey regulations and subject to accordance with State regulations and ■ 25. Amend § 32.51 by: the following conditions: any special posting or publications, ■ a. Revising paragraphs A.2, A.4, A.8, 1. We require hunters to submit a Big subject to the following conditions: A.10, A.13, A.14, A.15, A.16, A.17, and Game Hunt Application/Permit * * * * * A.18; removing paragraph A.19; revising (information taken from OMB-approved 2. On the Middle Tract (the portion of paragraphs C and D under Montezuma Big/Upland Game Hunt Application, the refuge located between U.S. National Wildlife Refuge. ■ FWS Form 3–2356) to hunt on the Highway 70 and U.S. Highway 380), we b. Adding, in alphabetical order, an refuge. We require hunters to possess a allow hunting of goose, duck, sandhill entry for Wallkill National Wildlife signed refuge hunt permit (name and crane, and American coot (no dove): Refuge. address only) at all times while scouting The additions and revisions read as and hunting on the refuge. We charge a i. In the designated public hunting follows: fee for all hunters except youth age 16 area, which is located in the southern and younger. portion of the Tract; and § 32.51 New York. 2. Conditions A3 through A6, and ii. No closer than 100 yards (91.4 * * * * * meters) to the public auto tour route; A11 apply. Montezuma National Wildlife Refuge 3. We prohibit scouting. and 4. We prohibit the use of dogs during iii. Only on Tuesdays, Thursdays, and A. Migratory Game Bird Hunting. hunting. Saturdays during the period when the *** 5. We prohibit baiting on refuge lands State seasons that apply to the Middle 2. We allow hunting only on (see § 32.2(h)). Tract area are open simultaneously for Tuesdays, Thursdays, and Saturdays 6. We prohibit night hunting. hunting all of the species allowed; and during established refuge season set 7. We prohibit woodchuck hunting iv. Only until 1 p.m. (local time) on within the State western zone season. prior to July 15; we allow use of only each permitted hunt day. We allow a youth waterfowl hunt rimfire rifles to harvest woodchuck. during the Saturday of the State’s C. Big Game Hunting. We allow * * * * * established youth waterfowl hunt dates hunting of white-tailed deer, bear, and 4. You may use only approved each year. nontoxic shotgun shot while hunting wild turkey on designated areas of the * * * * * refuge in accordance with State of New (see § 32.2(k)). 4. We take opening day reservations Jersey regulations and subject to the * * * * * between 8:30 a.m. and 9:00 a.m. on the following conditions: 8. We do not require permits other Thursday of the week before the season 1. Conditions A3 through A5, A9, than those required by the State. opener (NOTE: This is not the Thursday A11, B1, B4, and B5 apply. 9. Visit the refuge office or Web site, directly before the opener). We take 2. We require firearm hunters to wear, and/or refer to additional on-site youth hunt reservations between 8:30 in a conspicuous manner, a minimum of brochures, leaflets, or postings for a.m. and 9:00 a.m. on the Thursday of 400 square inches (2,580.6 square additional regulations. the week before the youth hunt (NOTE: centimeters) of solid-color, hunter- B. Upland Game Hunting. *** This is not the Thursday directly before orange clothing or material on the head, 2. On the Middle Tract (the portion of the youth hunt.). chest, and back. Bow hunters must meet the refuge located between U.S. * * * * * the same requirements when firearm Highway 70 and U.S. Highway 380), we 8. You may request the parking area season is also open. We do not require allow only pheasant hunting: of your choice when making turkey hunters to wear orange at any i. Conditions A.2.i, A.2.ii, and A.2.iv reservations; parking areas are given on time. a first-come, first-served basis. 3. We require hunters to remove all apply. stands and other hunting material from ii. Only on Tuesdays, Thursdays, and * * * * * 10. All hunters with reservations and the refuge at the end of each hunting Saturdays during the appropriate State their hunting companions must check- season (see § 27.93 of this chapter). season that applies to the Middle Tract 4. We allow pre-hunt scouting. area. in at the Route 89 Hunter Check Station 5. We prohibit deer drives. iii. All hunting must cease at 1 p.m. area at least 1 hour before legal shooting D. Sport Fishing. *** (local time) on each hunt day. time or forfeit their reservation. 1. We allow fishing in and along the * * * * * * * * * * banks of the Wallkill River. We allow 4. Conditions A4, A6, and A9 apply. 13. In Tschache Pool, hunters must shore fishing only in the pond at Owens use motorless boats to hunt, and we * * * * * Station Crossing, Vernon, New Jersey. limit hunters to one boat per C. Big Game Hunting. We allow reservation. We also limit hunters to one * * * * * hunting of mule deer, white-tailed deer, ■ 24. Amend § 32.50 by revising the motor vehicle in the Tschache Pool area and feral hog on designated areas of the introductory text of paragraphs A and C, per reservation. refuge in accordance with State seasons and revising paragraphs A.2, A.4, A.8, 14. You must not shoot from any dike and regulations and any special postings A.9, B.2, B.4, and C.1 under Bitter Lake or within 50 feet (15.2 meters) of any or publications, and subject to the National Wildlife Refuge. The revisions dike or road, or from within 500 feet following conditions: read as follows: (152.4 meters) of the Tschache Pool 1. We restrict all hunting to the North observation tower. We do not limit § 32.50 New Mexico. Tract (including Salt Creek Wilderness hunting to specific blind sites. * * * * * Area and the portion of the refuge 15. We will announce selection located north of U.S. Highway 70) with procedures for hunting sites on areas Bitter Lake National Wildlife Refuge the specification that you may hunt and other than Tschache Pool annually. A. Migratory Game Bird Hunting. We take feral hog (no bag limit) only while 16. You may possess a maximum of allow hunting of goose; duck; coot; legally hunting deer and only with the 15 nontoxic shot shells while in the
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field (see § 32.2(k)); you may not take Game Hunt Application, FWS Form 3– the refuge manager. The Seneca Trail more than 15 shot shells per hunter into 2356) while hunting the refuge. and refuge headquarters areas will be the hunting area. 8. Hunters must complete Part B (Big/ open to white-tailed deer hunting 17. You must stop hunting at 12 p.m. Upland Game Hunt Application, FWS during the refuge’s late archery/ (noon), and you must check out and be Form 3–2356) and deposit it in the Part muzzleloader season unless otherwise out of the hunting area by 1 p.m. B box at the Route 89 Hunter Check stated by the refuge manager. 18. We require proof of successful Station by the end of the hunt day. 20. Incentive programs to address completion of the New York State 9. Successful hunters must bring their deer density issues may be implemented Waterfowl Identification Course, the deer to the Route 89 Hunter Check during the refuge hunting season. Montezuma Nonresident Waterfowl Station, or other refuge-specific Incentive programs may include, but are Identification Course, or a suitable location, on days designated by the not limited to, issuing New York State nonresident State Waterfowl refuge manager in order for deer to be Deer Management Assistance Permit Identification Course to hunt the refuge; checked. tags to refuge hunters, or implementing all hunters must show proof each time 10. Firearms hunters must wear in a an ‘‘earn a buck’’ or similar program. they hunt, in addition to showing their visible manner on the head, chest, and D. Sport Fishing. Anglers may access valid hunting license and signed Duck back a minimum of 400 square inches the New York State Barge Canal System Stamp. (2,580.6 square centimeters) of solid, Waters at established fishing access sites * * * * * blaze orange. Ground blinds must be on the refuge. You may either bank fish C. Big Game Hunting. We allow marked on all sides with a minimum of or boat fish in accordance with State hunting of white-tailed deer on 400 square inches (2,580.6 square regulations. designated areas of the refuge in centimeters) of solid, blaze orange. * * * * * accordance with State regulations and 11. Hunting weapon restrictions subject to the following conditions: follow New York State regulations; Wallkill National Wildlife Refuge 1. We allow hunting of white-tailed successful harvest with a bow or other A. Migratory Game Bird Hunting. We deer only on designated areas of the weapon during firearms season requires allow hunting of migratory birds on refuge using archery, firearms (see use of a firearms season tag. designated areas of the refuge in 12. Advanced scouting of the refuge, § 27.42 of this chapter), muzzleloaders, accordance with State of New York prior to the hunting season, will be or crossbows during established refuge regulations and subject to the following allowed during a time set by the refuge seasons set within the general State conditions: manager. white-tailed deer season. Esker Brook 1. We require hunters to submit a and South Spring Pool Trails are not 13. We prohibit boats and canoes on refuge pools. We prohibit hunting on Migratory Bird Hunt Application/Permit open to hunting before November 1 each (information taken from OMB-approved year. We allow a youth white-tailed deer the open-water portions of the refuge pools until the pools are frozen; when Migratoru Bird Hunt Application, FWS hunt during the State’s established Form 3–2357) to hunt on the refuge. We youth white-tailed deer hunt dates each frozen, we allow access for hunting only to the Main Pool and Tschache Pool at require hunters to possess a signed year. refuge hunt permit (name and address 2. We allow hunting of white-tailed the refuge manager’s discretion based on only) at all times while scouting and deer 7 days per week (Monday through safety factors and habitat conditions. hunting on the refuge. We charge a fee Sunday) during the refuge season. 14. We prohibit use of all-terrain 3. You must possess, carry, and vehicles (ATVs) (see § 27.31(f) of this for all hunters except youth age 16 and present upon request to any law chapter), dirt bikes, bicycles, younger. enforcement officer a valid daily hunt snowmobiles, and watercraft for the 2. We issue one companion permit permit card (Big/Upland Game Hunt purpose of white-tailed deer hunting. (no personal information) at no charge Application, FWS Form 3–2356). We 15. Hunters may only use portable to each hunter. We allow companions to will also require you to return the daily tree stands and must remove them (see observe and/or call but not to shoot a hunt permit card at the end of hunting § 27.93 of this chapter) from the refuge firearm or bow. Companion and hunters or at the end of the day. each day. must set up in the same location. 4. Daily hunt permits (Big/Upland 16. We prohibit screw-in tree steps, 3. We provide hunters with hunt Game Hunt Application, FWS Form 3– nails, and any object used to puncture maps and parking permits (name only) 2356) are available at the Route 89 the bark of a tree; we do allow climbing that they must clearly display in their Hunter Check Station on a first-come, tree stands that grip the tree (see vehicle. Hunters who park on the refuge first-served basis, issued by refuge § 32.2(i)). must park in identified hunt parking personnel or available on a self-service 17. We allow white-tailed deer areas. basis; hunters must come to the Route hunters to be on the refuge during the 4. We prohibit the use of all-terrain 89 Hunter Check Station to obtain a period that begins 1 hour before legal vehicles (ATVs) on the refuge. permit each day they hunt. sunrise (except for opening day) and 5. We require hunters to wear, in a 5. We issue a maximum of 300 ends 1 hour after legal sunset. conspicuous manner, a minimum of 400 archery and 175 firearms hunt permit 18. On opening day of both archery square inches (2,580.6 square cards each day on a first-come, first- and firearms seasons, we allow hunters centimeters) of solid-color, hunter- served basis. on the refuge during the period that orange clothing or material on the head, 6. Hunters must fill out Part A of the begins 2 hours before legal sunrise and chest, and back, except when hunting daily hunt permit card (Big/Upland ends 1 hour after legal sunset. ducks and geese. Game Hunt Application, FWS Form 3– 19. We prohibit parking and walking 6. We prohibit hunters using or 2356) at check-in and leave it with along the Wildlife Drive for the purpose erecting permanent or pit blinds. refuge personnel or deposit it in the Part of hunting, unless otherwise posted by 7. We require hunters to remove all A box at the Route 89 Hunter Check refuge personnel. Upland areas adjacent hunting blind material, boats, and Station. to the Wildlife Drive will be open to decoys from the refuge at the end of 7. Hunters must carry Part B of the white-tailed deer hunting each year on each hunting season (see § 27.93 of this daily hunt permit card (Big/Upland December 1 unless otherwise stated by chapter).
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8. We allow pre-hunt scouting; New York and New Jersey in accordance 2. You may hunt spring turkey only however, we prohibit the use of dogs with State regulations and subject to the if you possess and carry a valid permit during scouting. following conditions: (General Activities Special Use Permit 9. We limit the number of dogs per 1. We allow fishing in and along the Application, FWS Form 3–1383–G). hunting party to no more than two dogs. banks of the Wallkill River. We allow These permits are valid only for the 10. We allow hunters to enter the shore fishing only in the pond at Owens dates and areas shown on the permit. refuge 2 hours before shooting time, and Station Crossing, Vernon, New Jersey. We require an application and a fee for they must leave no later than 2 hours 2. Anglers may fish from legal sunrise those permits and hold a drawing, when after the end of shooting time. to legal sunset. necessary, to select the permittees. You 11. We prohibit Sunday hunting. 3. We require that anglers park in may possess only approved nontoxic 12. We prohibit hunting after designated parking areas to access the shot (see § 32.2(k)) while hunting November 30. Wallkill River through the refuge. turkeys west of Evans Road and on the B. Upland Game Hunting. We allow 4. On refuge ponds, you may perform Pungo Unit. hunting of rabbit/hare, gray/black/fox only catch-and-release fishing. We 3. We allow the use of those weapons squirrel, pheasant, bobwhite quail, prohibit the use of live bait fish on authorized by the North Carolina ruffed grouse, crow, red/gray fox, refuge ponds. Wildlife Resources Commission coyote, bobcat, raccoon, skunk, mink, 5. We prohibit ice fishing on refuge (NCWRC) for taking deer, including all weasel, and opossum on designated ponds. ‘‘blackpowder firearms,’’ as defined by areas of the refuge in accordance with 6. We prohibit the taking of reptiles the NCWRC, but we prohibit the use of State of New York regulations and and amphibians. rifles and pistols. subject to the following conditions: 7. We prohibit the digging or 4. We allow deer hunting on the 1. We require hunters to submit a Big collecting of bait. Pungo Unit only through the end of Game Hunt Application/Permit 8. We prohibit commercial fishing on October each season, except that we (information taken from OMB-approved the refuge. allow deer hunting with archery Big/Upland Game Hunt Application, * * * * * FWS Form 3–2356) to hunt on the equipment on the Pungo Unit through ■ 26. Amend § 32.52 by revising the end of November. refuge. We require hunters to possess a paragraphs A.3, A.4, A.10, C.2, C.3, C.4, 5. We allow hunters to take feral hogs signed refuge hunt permit (name and and C.5; removing paragraphs C.6 and in any area that is open to hunting deer address only) at all times while scouting C.7; redesignating paragraphs C.8, C.9, using only those weapons authorized for and hunting on the refuge. We charge a C.10, and C.11 as C.6, C.7, C.8, and C.9, taking deer. We also allow hunters to fee for all hunters except youth age 16 respectively; and revising newly take feral hogs, using only those and younger. designated paragraph C.7 under Pocosin weapons authorized for taking deer, on 2. Conditions A3 through A5, and Lakes National Wildlife Refuge. The the Frying Pan area tracts whenever we A10 through A12 apply. revisions read as follows: 3. We prohibit scouting. open those tracts to hunting any game 4. We prohibit the use of dogs during § 32.52 North Carolina. species with firearms. hunting. * * * * * * * * * * 5. We prohibit baiting on refuge lands Pocosin Lakes National Wildlife Refuge 7. We allow the use of only portable (see § 32.2(h)). deer stands (tree climbers, ladders, 6. We prohibit night hunting. A. Migratory Game Bird Hunting. tripods, etc.), but we require that you 7. We prohibit hunting of reptiles and *** remove all of the stands at the end of amphibians. 3. We require all hunters and anglers each day (see § 27.93 of this chapter). 8. We prohibit falconry hunting. to possess and carry a signed, We prohibit hunters inserting anything C. Big Game Hunting. We allow self-service refuge hunting/fishing (spikes, screw-in steps, etc.) into a tree. hunting of white-tailed deer, bear, and permit (signed brochure) while hunting Hunters may use ground blinds, chairs, wild turkey on designated areas of the and fishing on the refuge. We require all buckets, and other such items for refuge in accordance with State of New hunters age 16 and older to purchase hunting, but we require that you remove York regulations and subject to the and carry a special refuge recreational all of these items at the end of each day following conditions: activity permit (name/address/phone 1. Conditions A3, A4, A8, A10 (see § 27.93 of this chapter). number). * * * * * through A12, B1, B4, and B5 apply. 4. We open the refuge for daylight use ■ 2. We require firearm hunters to wear, only (1/2 hour before legal sunrise to 27. Amend § 32.53 by: in a conspicuous manner, a minimum of 1/2 hour after legal sunset), except that ■ a. Adding, in alphabetical order, an 400 square inches (2,580.6 square we allow hunters to enter and remain in entry for Ardoch National Wildlife centimeters) of solid-color, hunter- hunting areas from 2 hours before legal Refuge. orange clothing or material on the head, sunrise until 2 hours after legal sunset ■ b. Revising paragraph D under Lake chest and back. Bow hunters must meet when we allow hunting in those areas. Alice National Wildlife Refuge. the same requirements when firearm ■ season is also open. We do not require * * * * * c. Adding, in alphabetical order, an turkey hunters to wear orange at any 10. We allow the use of only portable entry for Rose Lake National Wildlife time. blinds and temporary blinds Refuge. 3. We allow pre-hunt scouting. constructed of natural materials, but we ■ d. Adding, in alphabetical order, an 4. We require hunters to remove all prohibit cutting any live vegetation on entry for Silver Lake National Wildlife stands and other hunting material from the refuge (see § 27.51 of this chapter). Refuge. the refuge at the end of each hunting You must remove portable blinds (see The additions and revisions read as season (see § 27.93 of this chapter). § 27.93 of this chapter) at the end of follows: 5. We prohibit deer drives. each day. D. Sport Fishing. We allow fishing in * * * * * § 32.53 North Dakota. designated sections of the refuge in both C. Big Game Hunting. *** * * * * *
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Ardoch National Wildlife Refuge accordance with State regulations and ■ b. Removing paragraphs A.7, A.8, and A. Migratory Game Bird Hunting. subject to the following conditions: D.2; redesignating paragraphs A.9 and [Reserved] 1. We allow vehicles and fish houses D.3 as A.7 and D.2, respectively; and B. Upland Game Hunting. [Reserved] on the ice as conditions allow. We revising paragraphs A.3, A.5, and B.2 C. Big Game Hunting. [Reserved] restrict vehicle use to nonvegetated ice under Cold Springs National Wildlife D. Sport Fishing. We allow shore areas and designated roads (see § 27.31 Refuge. fishing and ice fishing on designated of this chapter). ■ c. Revising the introductory text of areas of the refuge in accordance with 2. We allow boats on Silver Lake and paragraphs A and D under Klamath State regulations and subject to the on refuge waters south of the confluence Marsh National Wildlife Refuge. ■ following conditions: of the Mauvais Coulee and Little Coulee d. Redesignating paragraphs A.1, A.2, 1. We allow vehicles and fish houses from May 1 through September 30 of A.3, A.4, B.1 and B.2 as A.4, A.5, A.6, on the ice as conditions allow. We each year. A.7, B.2, and B.3, respectively; revising restrict vehicle use to nonvegetated ice 3. We prohibit water activities not the introductory text of paragraphs A areas and designated roads (see § 27.31 related to fishing (e.g., sailing, skiing, and B; and adding paragraphs A.1, A.2, of this chapter). tubing, etc.). A.3, and B.1 under Lower Klamath 2. We prohibit boats on the refuge. * * * * * National Wildlife Refuge. ■ ■ e. Revising paragraphs A.3 and D, * * * * * 28. Amend § 32.55 by removing paragraphs B.4 and B.5, and revising removing paragraph A.5, and Lake Alice National Wildlife Refuge paragraphs A.1, A.5, A.6, B.1, and D.4 redesignating paragraph A.6 as A.5 and * * * * * under Sequoyah National Wildlife under McKay Creek National Wildlife D. Sport Fishing. We allow ice fishing Refuge. The revisions read as follows: Refuge. ■ f. Revising paragraph C under McNary in designated areas of the refuge in § 32.55 Oklahoma. National Wildlife Refuge. accordance with State regulations and * * * * * ■ g. Adding, in alphabetical order, an subject to the following conditions: entry for Tualatin River National 1. We allow vehicles and fish houses Sequoyah National Wildlife Refuge Wildlife Refuge. on the ice as conditions allow. We A. Migratory Game Bird Hunting. ■ h. Revising the introductory text of restrict vehicle use to nonvegetated ice *** paragraph A; revising paragraph A.3; areas and designated roads (see § 27.31 1. You must possess and carry a removing paragraphs A.6, and B.2, and of this chapter). signed refuge brochure (which serves as removing and reserving paragraph D.2; 2. We allow public access for ice your Waterfowl/Migratory Game Bird/ redesignating paragraphs A.5, B.3, and fishing from 5:00 a.m. local time to Upland Game Hunting Permit). The B.4 as A.6, B.2, and B.3, respectively; 10:00 p.m. local time. permit/brochure is available free of adding paragraph A.5; and revising 3. You must remove ice fishing charge at the refuge headquarters, at newly designated paragraph B.2 under shelters and personal property from the various entry points to the refuge, and Umatilla National Wildlife Refuge. refuge by 10:00 p.m. local time each on our Web site. ■ i. Revising the introductory text of day. paragraphs A and D under Upper 4. You may not leave unattended fish * * * * * Klamath National Wildlife Refuge. houses in uplands or in parking areas. 5. Hunters must use only legal shotguns and possess only approved ■ j. Revising paragraph C under William * * * * * nontoxic shot (see § 32.2(k)). Persons L. Finley National Wildlife Refuge. Rose Lake National Wildlife Refuge possessing, transporting, or carrying The revisions and additions read as firearms on national wildlife refuges follows: A. Migratory Game Bird Hunting. must comply with all provisions of State [Reserved] § 32.56 Oregon. and local law. Persons may only use B. Upland Game Hunting. [Reserved] * * * * * C. Big Game Hunting. [Reserved] (discharge) firearms in accordance with D. Sport Fishing. We allow fishing on refuge regulations (§ 27.42 of this Bear Valley National Wildlife Refuge chapter and specific refuge regulations designated areas of the refuge in * * * * * in part 32). accordance with State regulations and C. Big Game Hunting. We allow 6. We prohibit construction of pit subject to the following conditions: hunting of deer only on designated areas blinds or permanent blinds. You must 1. We allow vehicles and fish houses of the refuge in accordance with State reduce blinds to a natural appearance or on the ice as conditions allow. We laws and regulations, and subject to the remove them (see § 27.93 of this restrict vehicle use to nonvegetated ice following conditions: chapter) at the end of the day. You must areas and designated roads (see § 27.31 1. Hunting opens concurrent with the remove all empty shells, litter, decoys, of this chapter). State season and closes October 31. 2. We allow boats on refuge waters boats, or other personal property (see 2. We prohibit hunting or public entry south of Nelson County Road 23; we §§ 27.93 and 27.94 of this chapter) at the of any kind from November 1 to the prohibit boats on other refuge waters. end of the day. State-regulated opening day of deer 3. We require that shore anglers park * * * * * season in the hunting unit. vehicles in the designated parking lot. B. Upland Game Hunting. *** 3. Walk-in access only from 1. Conditions A1, A3, A5, A8, A9, * * * * * designated entry points. A10, and A12 apply. * * * * * Silver Lake National Wildlife Refuge * * * * * A. Migratory Game Bird Hunting. D. Sport Fishing. *** Cold Springs National Wildlife Refuge [Reserved] 4. Conditions A7, A8, and A9 apply. A. Migratory Game Bird Hunting. B. Upland Game Hunting. [Reserved] * * * * * 3. We prohibit discharge of any C. Big Game Hunting. [Reserved] ■ 29. Amend § 32.56 by: firearm within 1⁄4 mile (396 meters (m)) D. Sport Fishing. We allow fishing on ■ a. Revising paragraph C under Bear of any maintained building or Federal designated areas of the refuge in Valley National Wildlife Refuge. facility, such as, but not limited to, a
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structure designed for storage, human 1. You must wear an outer garment resources/hunting/disability for further occupancy, or shelter for animals. You above the waist that is at least 50 information). may not shoot or discharge any firearm percent blaze orange and visible from 4. We will assign blinds by a random from, across, or along a public highway, both front and back. Outer garments drawing of applications. designated route of travel, road, road may consist of hat or cap, vest, jacket, 5. Hunting season will begin on the shoulder, road embankment, or shirt, or coat. last weekend of October, as conditions designated parking area. * * * * * permit, and run through the end of the * * * * * regular State hunting season. The refuge McKay Creek National Wildlife Refuge 5. We allow hunting only on will not be open for the 3rd period Tuesdays, Thursdays, Saturdays, A. Migratory Game Bird Hunting. northwest permit zone goose hunt. Sundays, and all federally-recognized *** 6. Hunting hours: Official start times holidays within the State season. 3. We prohibit discharge of any are listed in the shooting hours table in the Oregon game bird regulations. * * * * * firearm within 1⁄4 mile (396 m) of any Shooting time ends at 1:00 p.m. for the B. Upland Game Hunting. *** maintained building or Federal facility, entire season. 2. We allow hunting from 12 p.m. such as, but not limited to, a structure designed for storage, human occupancy, 7. We open the hunt area for access (noon) to legal sunset on Tuesdays, 1 or shelter for animals. You may not 1 ⁄2 hours before legal shooting hours. Thursdays, Saturdays, Sundays, and all 8. You must remove decoys, other federally recognized holidays within the shoot or discharge any firearm from, across, or along a public highway, personal property, and trash. State season. 9. We allow dogs for retrieving * * * * * designated route of travel, road, road shoulder, road embankment, or waterfowl. Klamath Marsh National Wildlife designated parking area. 10. We prohibit possession of shot Refuge size larger than BB. * * * * * 11. All hunters must hunt from A. Migratory Game Bird Hunting. We D. Sport Fishing. We allow fishing on designated blinds. allow hunting of goose, duck, coot and designated areas of the refuge in 12. We restrict vehicles to designated common snipe on designated areas of accordance with State regulations and public use roads and designated parking the refuge in accordance with State laws subject to the following conditions: areas. No overnight camping or parking. and regulations, and subject to the Condition A1 applies. 13. All hunters must have visible following conditions: * * * * * means of retrieving waterfowl such as * * * * * float tube, waders, or a dog capable of McNary National Wildlife Refuge D. Sport Fishing. We allow fishing on retrieving. We prohibit motorized boats. designated areas of the refuge in * * * * * 14. Hunters must check-in and check accordance with State laws and C. Big Game Hunting. We allow deer out at a designated check station. You regulations, and subject to the following hunting on designated areas of the must report harvest of ducks prior to conditions: refuge in accordance with State leaving the refuge. Harvest of geese must * * * * * regulations and special conditions listed be checked at an ODFW-operated goose for McNary National Wildlife Refuge in check station. Lower Klamath National Wildlife the State of Washington. 15. We prohibit possession of alcohol Refuge * * * * * by any person in the hunt area. A. Migratory Game Bird Hunting. We B. Upland Game Hunting. [Reserved] Tualatin River National Wildlife Refuge allow hunting of goose, duck, coot and C. Big Game Hunting. [Reserved] common snipe on designated areas of A. Migratory Game Bird Hunting. We D. Sport Fishing. [Reserved] the refuge in accordance with State laws allow waterfowl hunting on designated Umatilla National Wildlife Refuge and regulations, and subject to the areas of the refuge in accordance with following conditions: State regulations and subject to the A. Migratory Game Bird Hunting. We 1. In the controlled waterfowl hunting following conditions: allow hunting of goose, duck, coot, area, we require a Refuge Recreation 1. Age: Youth age 17 and younger may dove, and snipe on designated areas of Pass (passholder/expiration date) for all participate as active hunters. Youth the refuge in accordance with State hunters age 16 or older. An adult with must be accompanied by an adult age 21 regulations and subject to the following a valid Recreation Pass (passholder/ or older. Supervising adults are not conditions: expiration date) must accompany allowed to hunt. * * * * * hunters younger than the age of 16 who 2. A maximum of two hunting youth 3. We prohibit discharge of any 1 are hunting in the controlled area. will be allowed per hunting blind. At firearm within ⁄4 mile (396 meters (m)) 2. We require advance reservations for least one nonhunting supervising adult of any maintained building or Federal the first 2 days of the hunting season. must accompany youth hunters. facility, such as, but not limited to, a You may obtain a reservation through Additional nonhunters may also occupy structure designed for storage, human the Waterfowl Lottery (Migratory Bird the blind with a hunting youth and occupancy, or shelter for animals. You Hunt Application, FWS form 3–2357) nonhunting adult supervisor for a may not shoot or discharge any firearm each year. maximum occupancy of 4 persons per from, across, or along a public highway, 3. Entry hours begin at 5:00 a.m. blind. designated route of travel, road, road unless otherwise posted. 3. Disabled youth hunters must shoulder, road embankment, or * * * * * possess an Oregon Disabilities Hunting designated parking area. B. Upland Game Hunting. We allow and Fishing Permit issued by the * * * * * hunting of pheasant on designated areas Oregon Department of Fish and Wildlife 5. We allow dove hunting only on the of the refuge in accordance with State (ODFW) to qualify for preference in Boardman Unit. regulations, and subject to the following using the designated accessible hunting * * * * * conditions: blind (see http://www.dfw.state.or.us/ B. Upland Game Hunting. ***
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2. On the McCormack Fee Hunt Unit, 10. We prohibit the use of game and magazine or chamber, or, for we allow hunting only on Wednesdays, trail cameras. muzzleloaders, a gun with the Saturdays, Sundays, Thanksgiving Day, * * * * * percussion caps put in place. and New Year’s Day from 12 p.m. ■ 30. Amend § 32.60 by: 5. We prohibit the possession or use (noon) to legal sunset of each hunt day. ■ a. Removing paragraphs A.2 and C.14; of alcoholic beverages while hunting. * * * * * redesignating paragraphs A.3, A.4, A.5, * * * * * C.15, C.16, C.17, C.18, C.19, and C.20 as 9. We prohibit the possession or use Upper Klamath National Wildlife A.2, A.3, A.4, C.14, C.15, C.16, C.17, of more than 50 shotgun shells during Refuge C.18, and C.19, respectively; revising the September dove hunts. A. Migratory Game Bird Hunting. We newly designated paragraphs A.3 and B. Upland Game Hunting. *** allow hunting of goose, duck, coot, and A.4; adding new paragraph A.5; and 5. All persons participating in refuge common snipe on designated areas of revising paragraphs A.1, A.9, B.5, C.1, firearms hunts must wear at least 500 the refuge in accordance with State laws C.2, C.5, C.9, C.11, C.12, and D.9 under square inches (3,225.8 square and regulations, and subject to the Carolina Sandhills National Wildlife centimeters) of unbroken, following conditions: Refuge. fluorescent-orange material above the ■ b. Revising the introductory text of waist as an outer garment that is visible * * * * * paragraphs C and D; redesignating from all sides while hunting and while D. Sport Fishing. We allow fishing in paragraphs C.1, C.2, C.3, C.4, C.5, C.6, en route to and from hunting areas. This designated areas of the refuge in C.7, C.8, C.9, C.10, C.11, C.12, C.13, does not apply to raccoon and opossum accordance with State laws and C.14, C.15, and C.16 as C.2, C.3, C.4, hunters. regulations, and subject to the following C.5, C.6, C.7, C.8, C.9, C.10, C.11, C.12, C. Big Game Hunting. *** conditions: C.13, C.14, C.15, C.16, and C.17; 1. Conditions A1 through A5 and A8 * * * * * revising newly designated paragraphs apply (with the following exception for William L. Finley National Wildlife C.2 and C.9; and adding paragraphs C.1, condition A3: Each adult may supervise Refuge C.18, and D.3 under Pinckney Island no more than one youth hunter.). National Wildlife Refuge. 2. On the day of your successful hunt, * * * * * ■ c. Removing paragraph C.11; and prior to removing any harvested C. Big Game Hunting. We allow deer redesignating paragraphs B.18, B.19, deer, feral hog, or turkey from the and elk hunting on designated areas of B.20, C.12, C.13, and C.14 as B.19, B.20, refuge, you must complete the Big Game the refuge in accordance with State B.21, C.11, C.12, and C.13, respectively; Harvest Report (FWS Form 3-2359). regulations and subject to the following revising paragraphs B.7, B.13, C.1, C.7, * * * * * conditions: and D.1; and adding paragraphs B.18, 5. During the primitive weapons hunt, 1. We allow deer and elk hunting on C.14, and D.10 under Santee National you may use bow and arrow, crossbows, designated dates from 1⁄2 hour before Wildlife Refuge. muzzleloading shotguns (20 gauge or legal sunrise until 1⁄2 hour after legal The revisions and additions read as larger), or muzzleloading rifles (.40 sunset. We post these refuge-specific follows: caliber or larger). We prohibit revolving regulations at self-service hunt kiosks. § 32.60 South Carolina. rifles and black-powder handguns. 2. You may harvest only antlerless elk * * * * * * * * * * with appropriate State-issued tags. 9. We prohibit the use of plastic 3. We prohibit overnight camping or Carolina Sandhills National Wildlife flagging to mark trees or other refuge after-hours parking on the refuge. Refuge features. 4. We prohibit hunting from any A. Migratory Game Bird Hunting. * * * * * refuge structure, observation blind, or *** 11. We prohibit the use of all-terrain boardwalk. 1. All hunters must possess and carry vehicles (ATVs), except by 5. We require all hunters to register at a signed refuge General Hunt Permit mobility-impaired hunters with a a self-service hunt kiosk. All hunters (signed brochure) and Special Use Permit (Permit Application must complete a Big Game Harvest government-issued picture Form: National Wildlife Refuge System Report (FWS Form 3–2359), after each identification. General Activities, FWS Form 3–1383– hunt day. * * * * * G) during big game hunts. 6. Hunters may use portable or 3. Each youth hunter (younger than Mobility-impaired hunters must have a climbing stands but must remove them age 16) must remain within sight and State Disabled Hunting license in order from the refuge daily (see § 27.93 of this normal voice contact and under to receive the Special Use Permit. chapter). The Service takes no supervision of an adult age 21 or older 12. We prohibit turkey hunters from responsibility for the loss or theft of tree with a valid license and applicable calling a turkey for another hunter stands left in the field. permit. Each adult may supervise no unless both hunters have been selected 7. We restrict vehicles to designated more than two youth hunters. Each for the refuge turkey hunts. public use roads and designated parking youth hunter must possess and carry * * * * * areas. evidence of successful completion of a D. Sport Fishing. *** 8. We prohibit the use of dogs during State-approved hunter education course. 9. We prohibit the use or possession hunting. 4. We prohibit loaded hunting of alcoholic beverages while fishing. 9. Persons possessing, transporting, or firearms (see § 27.42 of this chapter) * * * * * carrying firearms on national wildlife within 100 feet (30.5 meters) of refuges must comply with all provisions maintained refuge roads or within 500 Pinckney Island National Wildlife of State and local law. Persons may only feet (152.4 meters) of the paved visitor’s Refuge use (discharge) firearms in accordance drive. We prohibit discharge of any * * * * * with refuge regulations (see § 27.42 of weapon on or across any part of the C. Big Game Hunting. We allow this chapter and specific refuge refuge road system. We define a ‘‘loaded hunting of white-tailed deer on regulations in part 32). firearm’’ as a firearm with shells in the designated areas of the refuge in
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accordance with State regulations and 7. Deer hunting must occur from ■ g. Revising paragraphs A.12, D.1, and subject to the following conditions: portable, elevated deer stands that are D.4 under Tennessee National Wildlife 1. We only allow hunting on the no less than 10 feet (3 meters) above Refuge. refuge by lottery. We require an ground; we prohibit ground blinds. We The revisions and additions read as application fee to enter the hunt lottery. allow only one stand per hunter, and follows: 2. We require a refuge hunt permit the hunter must clearly mark the stand (name/address/phone number) for all with their full name, date, and phone § 32.62 Tennessee. hunters chosen in the lottery who are number. * * * * * age 16 and older. You must sign the * * * * * Chickasaw National Wildlife Refuge refuge hunt permit and carry it at all 14. We prohibit the use of boats to A. Migratory Game Bird Hunting. times when hunting. We charge a fee for access upland areas except to access the all hunt permits. *** Plantation 2. We allow only legally licensed Islands. We allow the use of * * * * * vehicles on maintained refuge roads and nonmotorized boats to access the 9. We allow only shotguns (20 gauge parking areas. We prohibit all-terrain interior canals to inland areas open to or larger; slugs only), muzzleloaders, vehicles (ATVs), utility-type vehicles hunting. and bows, in accordance with State (UTVs), and off-road motorized regulations, for hunting. D. Sport Fishing. *** 1. A valid State fishing license and a vehicles. We prohibit airboats, jet skis, * * * * * hovercrafts, etc. We prohibit parking as 18. Persons possessing, transporting, signed refuge fishing permit (signed brochure) must be in each angler’s to block travel through refuge access or carrying firearms on national wildlife roads, gates, and trails (see § 27.31(h) of refuges must comply with all provisions possession while fishing on the refuge, except that we require all recreational this chapter). of State and local law. Persons may only * * * * * use (discharge) firearms in accordance fishing boat operators to have only one refuge fishing permit per boat. B. Upland Game Hunting. *** with refuge regulations (§ 27.42 of this 2. We allow hunters to access the * * * * * chapter and specific refuge regulations refuge no more than 2 hours before legal 10. We prohibit mooring or attaching in part 32.) sunrise to no later than 2 hours after boats to any refuge boundary marker, D. Sport Fishing. We allow fishing on legal sunset with the exception of post, or navigational post within refuge designated areas of the refuge in raccoon and opossum hunters who may waters. We also prohibit attaching signs, accordance with State regulations and access the refuge from legal sunset to trotlines, fishing devices, or any other subject to the following conditions: legal sunrise. objects to trees, posts, or markers within * * * * * * * * * * 3. We require a South Carolina refuge boundaries. saltwater fishing license. * * * * * Cross Creeks National Wildlife Refuge ■ 31. Amend § 32.62 by: A. Migratory Game Bird Hunting. Santee National Wildlife Refuge ■ a. Revising paragraphs A.2 and B.2; *** * * * * * removing paragraphs A.11 and D.6; and 11. We prohibit the use of lead shot. B. Upland Game Hunting. *** redesignating paragraph A.12 as A.11 7. Hunters must unload and case, or under Chickasaw National Wildlife * * * * * lock in a secure compartment, hunting Refuge. Hatchie National Wildlife Refuge ■ b. Adding paragraph A.11 under Cross firearms when transporting them in A. Migratory Game Bird Hunting. vehicles and boats during refuge hunts. Creeks National Wildlife Refuge. ■ c. Revising paragraphs A.2 and D.7; *** We define a loaded firearm as having 2. We allow only legally licensed removing paragraph A.8; redesignating ammunition in the chamber or vehicles on maintained refuge roads and paragraphs A.9, A.10, A.11, A.12 as A.8, magazine. We will consider parking areas. We prohibit all-terrain A.9, A.10, and A.11, respectively; and muzzleloaders unloaded if the vehicles (ATVs), utility-type vehicles revising newly designated paragraph percussion cap is not seated in the (UTVs), and off-road motorized A.10 under Hatchie National Wildlife chamber. vehicles. We prohibit airboats, jet skis, * * * * * Refuge. ■ d. Revising paragraph B.2; removing hovercrafts, etc. We prohibit parking as 13. We prohibit hunting from within to block travel through refuge access 100 feet (30.5 meters) of any roadway, paragraph B.9; redesignating paragraphs B.10, B.11, B.12, B.13, B.14, B.15, and roads, gates, and trails (see § 27.31(h) of whether open or closed to vehicular this chapter). traffic, or from or within 300 yards B.16 as B.9, B.10, B.11, B.12, B.13, B.14, and B.15, respectively; and revising * * * * * (274.3 meters) of any designated hunter 10. We prohibit cutting of holes, check station. newly designated paragraph B.12 under Lake Isom National Wildlife Refuge. lanes, or other manipulation of * * * * * ■ e. Revising paragraphs A.2 and A.11, vegetation (e.g., cutting bushes and 18. We will open hunting areas from removing paragraphs A.12 and D.8, and trees, mowing, herbicide use, and other 5 a.m. until 8:30 p.m. during designated redesignating paragraph A.13 as A.12 actions) (see § 27.51 of this chapter). hunt periods. We require all hunters to under Lower Hatchie National Wildlife * * * * * personally sign in and sign out at Refuge. D. Sport Fishing. *** designated hunter check stations when ■ f. Revising paragraph B.2; removing 7. We only allow fishing boats of 18 entering and exiting any portion of the paragraphs B.9, D.5, D.6, D.7, and D.8; feet (5.5 meters) or less in length on refuge and report all game harvested by redesignating paragraphs B.10, B.11, refuge lakes. 8:30 p.m. B.12, B.13, B.14, B.15, and B.16 as B.9, * * * * * * * * * * B.10, B.11, B.12, B.13, B.14, and B.15, C. Big Game Hunting. *** respectively; and revising newly Lake Isom National Wildlife Refuge 1. Conditions B1 through B18 apply. designated paragraph B.12 under * * * * * * * * * * Reelfoot National Wildlife Refuge. B. Upland Game Hunting. ***
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2. We allow only legally licensed from March 16 through November 14. 10. We prohibit camping and/or vehicles on maintained refuge roads and The remainder of the refuge portion of campfires in all public hunting areas parking areas. We prohibit all-terrain Kentucky Lake will remain open year- and parking lots. vehicles (ATVs), utility-type vehicles round. We allow bank fishing year- 11. We prohibit blocking of gates and (UTVs), and off-road motorized round along Refuge Lake from the New roadways (see § 27.31(h) of this vehicles. We prohibit airboats, jet skis, Johnsonville Pump Station. chapter). We prohibit vehicles operating hovercrafts, etc. We prohibit parking as * * * * * off-road for any reason. Hunters must to block travel through refuge access 4. We allow fishing on interior refuge park vehicles in designated parking areas, and in such a manner as to not roads, gates, and trails (see § 27.31(h) of impoundments from 1⁄2 hour before obstruct normal vehicle traffic. this chapter). legal sunrise to 1⁄2 hour after legal sunset 12. The minimum allowed distance * * * * * from March 16 to November 14. 12. We prohibit cutting of holes, between hunt parties is 100 yards (91.44 * * * * * meters). lanes, or other manipulation of ■ 32. Amend § 32.63 by: vegetation (e.g., cutting bushes and 13. We prohibit entry (scouting) in the ■ a. Revising paragraph A.2, and adding trees, mowing, herbicide use, and other public waterfowl hunting areas prior to paragraphs A.6, A.7, A.8, A.9, A.10, actions) (see § 27.51 of this chapter). the opening of the State-specified A.11, A.12, A.13, and A.14 under Big waterfowl hunting seasons. * * * * * Boggy National Wildlife Refuge. 14. We restrict vehicle access to Lower Hatchie National Wildlife Refuge ■ b. Revising paragraphs A and D.5, and service roads not closed by gates or signs. We prohibit the use of motorized A. Migratory Game Bird Hunting. adding paragraph D.8 under Brazoria vehicles (see § 27.31 of this chapter). *** National Wildlife Refuge. 2. We allow only legally licensed ■ c. Revising paragraphs A and C.1, and You may access hunt units from land vehicles on maintained refuge roads and adding paragraph C.13 under Lower Rio only by foot or nonmotorized bicycle. parking areas. We prohibit all-terrain Grande Valley National Wildlife Refuge. You may access public waterfowl vehicles (ATVs), utility-type vehicles ■ d. Revising paragraphs A.2 and A.4, hunting areas by motorized boat from (UTVs), and off-road motorized and adding paragraphs A.7, A.8, A.9, State waters, where applicable. vehicles. We prohibit airboats, jet skis, A.10, A.11, A.12, A.13, A.14, A.15, and * * * * * D.4 under San Bernard National hovercrafts, etc. We prohibit parking as Brazoria National Wildlife Refuge to block travel through refuge access Wildlife Refuge. roads, gates, and trails (see § 27.31(h) of The revisions and additions read as A. Migratory Game Bird Hunting. We this chapter). follows: allow hunting of goose, duck, and coot on designated areas of the refuge in * * * * * § 32.63 Texas. accordance with State regulations and 11. We prohibit cutting of holes, * * * * * subject to the following conditions: lanes, or other manipulation of 1. Season dates will be concurrent vegetation (e.g., cutting bushes and Big Boggy National Wildlife Refuge with the State for the September teal trees, mowing, herbicide use, and other A. Migratory Game Bird Hunting. season, youth-only season, and duck actions) (see § 27.51 of this chapter). *** and coot regular season in the Texas * * * * * 2. Hunters may enter the refuge hunt South Zone, and goose regular season in Reelfoot National Wildlife Refuge units no earlier than 4 a.m. Hunting the Texas East Zone, with the exception starts at the designated legal shooting that we will prohibit duck (not * * * * * including the September teal and youth- B. Upland Game Hunting. *** time and ends at 12 p.m. (noon). Hunters must leave refuge hunt units by only seasons) and coot hunting on the 2. We allow only legally licensed refuge until the last Saturday in vehicles on maintained refuge roads and 1:00 p.m. * * * * * October. If the State-specified duck and parking areas. We prohibit all-terrain coot regular season opens later than the 6. We prohibit the building or use of vehicles (ATVs), utility-type vehicles last Saturday in October, then hunting pits and permanent blinds (see §§ 27.92 (UTVs), and off-road motorized on the refuge will open consistent with and 27.93 of this chapter). vehicles. We prohibit airboats, jet skis, the State-specified season date. hovercrafts, etc. We prohibit parking as 7. We only allow the use of motorized 2. Hunters may enter the refuge hunt to block travel through refuge access boats, including airboats, in open tidal units no earlier than 4 a.m. Hunting roads, gates, and trails (see § 27.31(h) of waters. We prohibit the operation of starts at the designated legal shooting this chapter). motorized boats on or through emergent time and ends at 12 p.m. (noon). * * * * * and submergent wetland vegetation, or Hunters must leave refuge hunt units by 12. We prohibit cutting of holes, in shallow water where bottom gouging 1:00 p.m. lanes, or other manipulation of could occur. Motorized boats may enter 3. We allow hunting in the Alligator vegetation (e.g., cutting bushes and shallow water by drifting, polling, or by Marsh public waterfowl hunting area trees, mowing, herbicide use, and other means of trolling motor where it does (see map) daily during the September actions) (see § 27.51 of this chapter). not cause damage to the bottom. Teal season and on Saturdays, Sundays, * * * * * 8. You must remove all decoys, boats, and Wednesdays of the regular spent shells, marsh chairs, vegetation waterfowl season. Tennessee National Wildlife Refuge (blind material), and other equipment 4. We prohibit the building of pits and A. Migratory Game Bird Hunting. (see § 27.93 of this chapter) from the permanent blinds. *** refuge daily. We prohibit the use of 5. We only allow the use of motorized 12. We prohibit the use of lead shot. plastic flagging, reflectors, or reflective boats, including airboats, in open tidal * * * * * tape. waters. We prohibit the operation of D. Sport Fishing. *** 9. We prohibit the use or possession motorized boats on or through emergent 1. We allow fishing in Swamp Creek, of alcoholic beverages in all public and submergent wetland vegetation, or Sulphur Well Bay, and Bennetts Creek hunting areas and parking lots. in shallow water where bottom gouging
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could occur. Motorized boats may enter vehicles used for launching legal hunt time; however, you may not shallow water by drifting, polling, or by nonmotorized boats at the Salt Lake and hunt outside of the legal hunt hours. means of trolling motor where it does Clay Banks public fishing areas in the 10. Your licenses, permits, hunting not cause damage to the bottom. designated parking area. equipment, effects, and vehicles or other 6. We prohibit target practice on the * * * * * conveyances are subject to inspection by refuge. 8. Condition A5 applies. Federal, State, and local law 7. Persons possessing, transporting, or * * * * * enforcement officers. carrying firearms on national wildlife 11. We restrict hunt participants to refuges must comply with all provisions Lower Rio Grande Valley National those listed on the refuge hunt permit of State and local law. Persons may only Wildlife Refuge (hunter, nonhunting chaperone, and use (discharge) firearms in accordance A. Migratory Game Bird Hunting. We nonhunting assistant). We require all with refuge regulations (see § 27.42 of allow hunting of mourning, white- participants to wear hunter orange this chapter and specific refuge winged, and white-tipped dove on according to Texas State regulations: regulations in part 32). designated areas of the refuge in 400 square inches (2,580.6 square 8. You must remove all decoys, boats, accordance with State regulations and centimeters) that is visible on the chest, spent shells, marsh chairs, vegetation subject to the following conditions: back, and head. (blind material), and other equipment 1. The hunting season will be 12. We allow only the hunter to hunt (see § 27.93 of this chapter) from the concurrent with the State season. We and carry or discharge the applicable refuge daily. We prohibit the use of publish this information in the refuge hunting shotgun, muzzleloader, rifle, or plastic flagging, reflectors, or reflective hunting sheet. bow. tape. 2. The bag and possession limits will 13. We allow hunters to use bicycles 9. We prohibit the use or possession be consistent with State regulations. on designated routes of travel. of alcoholic beverages in all public 3. You must possess and use only 14. You may use properly trained hunting areas and parking lots. approved nontoxic shot for hunting retriever dogs to retrieve doves during 10. We prohibit camping and/or while in the field (see § 32.2(k)). the hunt, but the dog must be under the campfires in all public hunting areas 4. Hunters must contact the refuge control of the handler at all times (dogs and parking lots. office for designated tracts of the refuge must not be allowed to roam free). 11. We prohibit blocking of gates and and details. 15. We prohibit hunters discharging roadways (see § 27.31(h) of this 5. We may close refuge tracts to firearms for any purpose other than to chapter). We prohibit vehicles operating hunting for the protection of resources, take or attempt to take a game bird listed off-road for any reason. Hunters must as determined by the refuge manager. in the introductory text of this park vehicles in designated parking 6. We require hunters to pay a fee to paragraph A. areas, and in such a manner as to not obtain a refuge hunt permit (name only 16. We prohibit use of flagging or any obstruct normal vehicle traffic. required) and to possess and carry such other type of marker. 12. The minimum allowed distance permit at all times during your 17. We prohibit hunters cutting or between hunt parties is 100 yards (91.44 designated hunt period. Hunters must trimming any vegetation or brush. meters (m)). also display the refuge-issued vehicle 18. We prohibit overnight camping. 13. We allow the retrieval of downed placard (part of the hunt permit) while 19. We prohibit the use of motorized waterfowl inside a 100-yard (91.44-m) participating in the designated hunt vehicles. retrieval zone west of Middle bayou. We period. Hunters, including youth 20. We prohibit the use or possession also allow the retrieval of downed hunters, must also have a valid hunting of alcohol while hunting on the refuge. waterfowl inside a 100-yard (91.44-m) license, proof of hunter’s education 21. We prohibit the use or possession retrieval zone around the portions of certification, and picture identification of bait during scouting or hunting. We Alligator Lake that are open to hunting. in order to obtain a refuge hunt permit consider bait to be anything that may be 14. We prohibit entry (scouting) in the and must the items listed in this eaten or ingested by wildlife. public waterfowl hunting areas prior to condition A6 while on the refuge hunt. 22. We reserve the right to revoke or the opening of the State-specified 7. You should park in designated deny any permit for up to 5 years for the waterfowl hunting seasons. refuge parking areas if they are following conditions: Lack of public 15. We restrict vehicle access to available. You may park along County safety to a degree that may endanger service roads not closed by gates or roads; however, you must not block the oneself or other persons or property; signs. We prohibit the use of motorized path of traffic, access to the refuge, or multiple regulation violations; or vehicles (see § 27.31 of this chapter). private property. We will tow aggressive, abusive, or intimidating You may access hunt units from land inappropriately parked vehicles at the demeanor to any employee of the only by foot or nonmotorized bicycle. owner’s expense. United States or of any local or State You may access public waterfowl 8. We define youth hunters as ages 9 government engaged in official business, hunting areas by motorized boat from to 16. A Texas-licensed, adult hunter, or with any private person engaged in State waters, where applicable. age 17 or older who has successfully the pursuit of an allowed activity on the 16. We prohibit hunting in Salt Lake, completed a Hunter Education Training refuge. Nicks Lake, and East Lost Lake, which course, must accompany youth hunters. * * * * * are refuge waters designated as public We exempt those persons born prior to C. Big Game Hunting. *** fishing areas. September 2, 1971, from the Hunter 1. Conditions A4 through A13 and * * * * * Education Training Course requirement. A16 through A22 apply. D. Sport Fishing. *** We define accompanied as being within * * * * * 5. We only allow nonmotorized boat normal voice contact. Each adult hunter 13. We annually establish specific bag launching at the Salt Lake and Clay may supervise only one youth hunter. limits for white-tailed deer based on Banks public fishing areas. The refuge 9. You may access the refuge during survey data provided by the refuge or provides no other boat launching your permitted hunt period from 1 hour State. We establish no bag limits for facilities. Anglers must park motor before legal hunt time to 1 hour after feral hog or nilgai antelope. We publish
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this information in the refuge hunting D. Sport Fishing. *** from the refuge manager, Missisquoi sheet. 4. Condition A8 applies. National Wildlife Refuge. * * * * * * * * * * * * * * * ■ 33. Amend § 32.65 by revising the ■ San Bernard National Wildlife Refuge 34. Amend § 32.66 by: introductory text of paragraph C; ■ a. Revising paragraph C.5 under James A. Migratory Game Bird Hunting. revising paragraph C.1; and adding River National Wildlife Refuge. *** paragraphs A.3, B.9, and C.9 under ■ b. Revising paragraph C.6 under 2. Hunters may enter the refuge hunt Missisquoi National Wildlife Refuge. Presquile National Wildlife Refuge. units no earlier than 4 a.m. Hunting The revisions and additions read as ■ c. Revising paragraph C.5 under starts at the designated legal shooting follows: Rappahannock River National Wildlife time and ends at 12 p.m. (noon). Refuge. Hunters must leave refuge hunt units by § 32.65 Vermont. The revisions read as follows: 1:00 p.m. * * * * * * * * * * Missisquoi National Wildlife Refuge § 32.66 Virginia. 4. Hunters may possess no more than * * * * * 25 shot shells (in the aggregate) in the A. Migratory Game Bird Hunting. Sargent Permit Waterfowl Hunt Area. *** James River National Wildlife Refuge * * * * * 3. On the Eagle Point Unit, we allow * * * * * 7. We prohibit the building or use of hunting of goose, duck, brant, C. Big Game Hunting. *** merganser, coot, woodcock, and snipe pits and permanent blinds (see §§ 27.92 5. We allow the take of two deer per in accordance with State regulations and 27.93 of this chapter). day. and these refuge-specific regulations: 8. We only allow the use of motorized * * * * * boats, including airboats, in open tidal i. You may possess only approved waters. We prohibit the operation of nontoxic shot shells (see § 32.2(k)) in Presquile National Wildlife Refuge quantities of 25 or fewer per day. motorized boats on or through emergent * * * * * ii. We prohibit permanent blinds. and submergent wetland vegetation, or C. Big Game Hunting. *** in shallow water where bottom gouging iii. You must use at least six decoys. iv. Unarmed hunters may scout open 6. We allow the take of two deer per could occur. Motorized boats may enter day. shallow water by drifting, polling, or by hunting areas before a particular season means of trolling motor where it does opens but in no case before September * * * * * not cause damage to the bottom. 1. We do not require a hunting permit Rappahannock River National Wildlife 9. You must remove all decoys, boats, for scouting. Refuge spent shells, marsh chairs, vegetation B. Upland Game Hunting. *** * * * * * (blind material), and other equipment 9. On the Eagle Point Unit, we allow (see § 27.93 of this chapter) from the hunting of cottontail rabbits, snowshoe C. Big Game Hunting. *** refuge daily. We prohibit the use of hare, ruffed grouse, and gray squirrels in 5. We allow the take of two deer per plastic flagging, reflectors, or reflective accordance with State regulations. day. tape. C. Big Game Hunting. We allow * * * * * 10. We prohibit the use or possession hunting of big game in accordance with ■ 35. Amend § 32.67 by: of alcoholic beverages in all public State regulations and subject to the ■ a. Removing paragraph B.3, revising hunting areas and parking lots. following conditions: the introductory text of paragraph C, 11. We prohibit camping and/or 1. We allow hunting of white-tailed revising paragraphs A.3 and C.2, and campfires in all public hunting areas deer. We prohibit hunting of bear, adding paragraph C.3 under McNary and parking lots. moose, and turkey except under National Wildlife Refuge. 12. We prohibit blocking of gates and condition C9. ■ b. Removing paragraphs A.6, A.8, and roadways (see § 27.31(h) of this * * * * * D.2; redesignating paragraphs A.7 and chapter). We prohibit vehicles operating 9. On the Eagle Point Unit, we allow A.9 as A.6 and A.7, respectively; and off-road for any reason. Hunters must hunting of white-tailed deer, bear, revising paragraphs A.3, A.5, B.1, B.2, park vehicles in designated parking moose, and turkey in accordance with C.1, and D under Umatilla National areas, and in such a manner as to not State regulations and subject to the Wildlife Refuge. obstruct normal vehicle traffic. following conditions: The revisions and additions read as 13. The minimum allowed distance i. You may use portable tree stands in follows: between hunt parties is 100 yards (91.44 accordance with State regulations meters). guiding their use on State Wildlife § 32.67 Washington. 14. We prohibit entry (scouting) in the Management Areas. We prohibit * * * * * public waterfowl hunting areas prior to permanent stands and blinds. McNary National Wildlife Refuge the opening of the State-specified ii. We allow training of hunting dogs waterfowl hunting seasons. during the regular hunting seasons as A. Migratory Game Bird Hunting. 15. We restrict vehicle access to regulated by the State. Dog training *** service roads not closed by gates or outside the regular hunting seasons 3. We prohibit discharge of any signs. We prohibit the use of motorized (June 1 to July 31) will be permitted by firearm within 1⁄4 mile (396 m) of any vehicles (see § 27.31 of this chapter). Special Use Permit (Permit Application maintained building or Federal facility, You may access hunt units from only by Form: National Wildlife Refuge System such as, but not limited to, a structure foot or from nonmotorized bicycle. You General Special Use, FWS Form 1383– designed for storage, human occupancy, may access public waterfowl hunting G) only. or shelter for animals. You may not areas by motorized boat from State iii. We require Special Use Permits to shoot or discharge any firearm from, waters, where applicable. train hunting dogs from June 1 to July across, or along a public highway, * * * * * 31. Permits must be requested in writing designated route of travel, road, road
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shoulder, road embankment, or ■ c. Adding paragraph A.3, and revising 3. For hunting, you may use or designated parking area. paragraphs B and C under Leopold possess only approved nontoxic shot * * * * * Wetland Management District. shells while in the field, including shot C. Big Game Hunting. We allow ■ d. Revising paragraphs A and B.1 shells used for hunting wild turkey (see hunting of deer only on the Stateline, under Necedah National Wildlife § 32.2(k)). Juniper Canyon, Peninsula, Two-Rivers, Refuge. B. Upland Game Hunting. We allow and Wallula Units in accordance with ■ e. Adding paragraph A.3, and revising hunting of upland game throughout the State regulations and subject to the paragraph B under St. Croix Wetland district (except that we prohibit hunting following conditions: Management District. on the Blue-wing Waterfowl Production * * * * * ■ f. Revising paragraph A under Area (WPA) in Ozaukee County or the 2. On the Stateline and Juniper Trempealeau National Wildlife Refuge. Wilcox WPA in Waushara County) in Canyon Units, we allow hunting with ■ g. Adding paragraph A.3 under accordance with State regulations and modern firearms, shotgun, Whittlesey National Wildlife Refuge. subject to the following conditions: muzzleloader, and archery. The additions and revisions read as Conditions A1 and A3 apply. 3. On the Peninsula, Two-Rivers, and follows: C. Big Game Hunting. We allow Wallula Units, we allow hunting with § 32.69 Wisconsin. hunting of big game throughout the archery and shotgun only. * * * * * district (except that we prohibit hunting * * * * * on the Blue-wing Waterfowl Production Fox River National Wildlife Refuge Area (WPA) in Ozaukee County or the Umatilla National Wildlife Refuge Wilcox WPA in Waushara County) in A. Migratory Game Bird Hunting. * * * * * C. Big Game Hunting. We allow accordance with State regulations and *** subject to the following conditions: 3. We prohibit discharge of any hunting of white-tailed deer on designated areas of the refuge in 1. We prohibit hunting from any stand firearm within 1⁄4 mile (396 m) of any left up overnight. maintained building or Federal facility, accordance with State regulations and such as, but not limited to, a structure seasons, and subject to the following 2. Any ground blind used during any designed for storage, human occupancy, conditions: gun deer season must display at least or shelter for animals. You may not 1. We prohibit the construction or use 144 square inches (929 square shoot or discharge any firearm from, of permanent blinds, platforms, or centimeters) of solid, blaze-orange across, or along a public highway, ladders. material visible from all directions. designated route of travel, road, road 2. We allow hunting during the State * * * * * archery, crossbow, muzzleloader, and shoulder, road embankment, or Necedah National Wildlife Refuge designated parking area. firearms seasons. 3. You must remove all stands from A. Migratory Game Bird Hunting. We * * * * * the refuge following each day’s hunt. 5. On the Paterson and Whitcomb allow hunting of migratory game birds We prohibit hunting from any stand left Units, we allow hunting only on only on designated areas of the refuge in up overnight. Wednesdays, Saturdays, Sundays, and accordance with State regulations and 4. Refuge access is from 1 hour before all federally recognized holidays within subject to the following condition: For to 1 hour after legal shooting hours. the State season. hunting, you may use or possess only 5. Any ground blind used during any * * * * * approved nontoxic shot shells while in gun deer season must display at least the field, including shot shells used for B. Upland Game Hunting. *** 144 square inches (929 square 1. Conditions A1, A2, A3, A5, and A7 hunting wild turkey (see § 32.2(k)). centimeters) of solid, blaze-orange apply. B. Upland Game Hunting. *** material visible from all directions. 2. On the Whitcomb Island Unit, we 1. Condition A applies. * * * * * only allow hunting of upland game from * * * * * 12 p.m. (noon) to legal sunset of each Horicon National Wildlife Refuge hunt day. St. Croix Wetland Management District C. Big Game Hunting. *** * * * * * A. Migratory Game Bird Hunting. 1. Conditions A1, A2, A3, and A7 C. Big Game Hunting. *** *** apply. 3. You must remove all stands from 3. For hunting, you may use or * * * * * the refuge following each day’s hunt. D. Sport Fishing. We allow fishing on We prohibit hunting from any stand left possess only approved nontoxic shot designated areas of the refuge in up overnight. shells while in the field, including shot accordance with State regulations and * * * * * shells used for hunting wild turkey (see subject to the following conditions: D. Sport Fishing. *** § 32.2(k)). Conditions A1 and A7 apply. 1. We allow only bank fishing or B. Upland Game Hunting. We allow * * * * * fishing through the ice. hunting of upland game throughout the ■ 36. Amend § 32.69 by: * * * * * district in accordance with State ■ a. Revising paragraph C under Fox regulations and subject to the following Leopold Wetland Management District River National Wildlife Refuge. conditions: Conditions A1 through A3 ■ b. Revising paragraphs C.3 and D.1 A. Migratory Game Bird Hunting. apply. under Horicon National Wildlife Refuge. *** * * * * *
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Trempealeau National Wildlife Refuge 2. For hunting, you may use or 3. For hunting, you may use or possess only approved nontoxic shot possess only approved nontoxic shot A. Migratory Game Bird Hunting. We shells (see § 32.2(k)). shells (see § 32.2(k)). allow hunting of migratory game birds * * * * * on designated areas of the refuge in * * * * * accordance with State regulations and Whittlesey Creek National Wildlife Dated: June 1, 2015. subject to the following conditions: Refuge Michael Bean, 1. We require a refuge permit. Assistant Secretary for Fish and Wildlife and A. Migratory Game Bird Hunting. Parks. *** [FR Doc. 2015–13831 Filed 6–9–15; 8:45 am] BILLING CODE 4310–55–P
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Reader Aids Federal Register Vol. 80, No. 112 Thursday, June 11, 2015
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE
Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 143...... 31463 Presidential Documents 2 CFR 144...... 31463 Executive orders and proclamations 741–6000 600...... 31299 145...... 31463 The United States Government Manual 741–6000 3256...... 33155 146...... 31463 Other Services 150...... 31463 3 CFR 152...... 31463 741–6020 Electronic and on-line services (voice) Proclamations: 159...... 31463 Privacy Act Compilation 741–6064 9288...... 31821 160...... 31463 Public Laws Update Service (numbers, dates, etc.) 741–6043 9289...... 31823 161...... 31463 TTY for the deaf-and-hard-of-hearing 741–6086 9290...... 31825 162...... 31463 9291...... 31827 163...... 31463 ELECTRONIC RESEARCH 9292...... 31829 174...... 31463 Administrative Orders: 192...... 31463 World Wide Web Memorandums: 193...... 31463 Memorandum of May 208...... 32658 Full text of the daily Federal Register, CFR and other publications 7, 2015 ...... 32849 225...... 32658 is located at: www.fdsys.gov. Presidential 323...... 32658 Federal Register information and research tools, including Public Determinations: 390...... 32658 Inspection List, indexes, and Code of Federal Regulations are No. 2015–06 of May 600...... 32294 located at: www.ofr.gov. 19, 2015 ...... 32851 1026...... 32658 No. 2015–07 of June 1222...... 32658 E-mail 3, 2015 ...... 32853 Proposed Rules: Ch. I ...... 32046 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 5 CFR an open e-mail service that provides subscribers with a digital Ch. II ...... 32046 form of the Federal Register Table of Contents. The digital form Ch. IV...... 32244 Ch. III ...... 32046 of the Federal Register Table of Contents includes HTML and Proposed Rules: 14 CFR PDF links to the full text of each document. Ch. C ...... 33199 531...... 30955 33...... 32440 To join or leave, go to http://listserv.access.gpo.gov and select 532...... 32042 39 ...... 30928, 32294, 32441, Online mailing list archives, FEDREGTOC-L, Join or leave the list 32445, 32449, 32451, 32453, (or change settings); then follow the instructions. 7 CFR 32456, 32458, 32460, 32461 PENS (Public Law Electronic Notification Service) is an e-mail 633...... 32439 71...... 32464 service that notifies subscribers of recently enacted laws. 930...... 30919 95...... 31988 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 3550...... 31971 97...... 32297, 32299 and select Join or leave the list (or change settings); then follow Proposed Rules: 400...... 31831 the instructions. 57...... 32867 401...... 31831 FEDREGTOC-L and PENS are mailing lists only. We cannot 319...... 30959 Proposed Rules: respond to specific inquiries. 925...... 32043 39 ...... 30963, 31325, 32055, 1211...... 32488, 32493 32058, 32061, 32063, 32066, Reference questions. Send questions and comments about the 32069, 32072, 32315, 32316, Federal Register system to: [email protected] 8 CFR 32508, 32510, 33208 The Federal Register staff cannot interpret specific documents or 217...... 32267 71...... 32074 regulations. 1003...... 31461 15 CFR CFR Checklist. Effective January 1, 2009, the CFR Checklist no 10 CFR longer appears in the Federal Register. This information can be 744...... 31834 found online at http://bookstore.gpo.gov/. 72...... 30924 902...... 32465 430...... 31971 Proposed Rules: Proposed Rules: 734...... 31505 FEDERAL REGISTER PAGES AND DATE, JUNE 429 ...... 30962, 31324, 31487 740...... 31505 30919–31298...... 1 430 ...... 30962, 31324, 31487, 750...... 31505 764...... 31505 31299–31460...... 2 31646, 33030 772...... 31505 31461–31830...... 3 12 CFR 31831–31970...... 4 4...... 31463 17 CFR 31971–32266...... 5 5...... 31463 14...... 32855 32267–32438...... 8 7...... 31463 200...... 31836 32439–32854...... 9 14...... 31463 230...... 31836 32855–33154...... 10 24...... 31463 232...... 31836 33155–33396...... 11 32...... 31463 239...... 31836 34...... 31463, 32658 240...... 31836 100...... 31463 249...... 31836 116...... 31463 260...... 31836
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Proposed Rules: 571...... 31991 955...... 31303 170...... 32477 32...... 31326 573...... 31991 1155...... 33155 575...... 31991 40 CFR 20 CFR 580...... 31991 9...... 32003 47 CFR 404...... 31990 52 ...... 30939, 30941, 31305, 416...... 31990 26 CFR 31844, 32017, 32019, 32026, 64...... 32857 1 ...... 31837, 31995, 31996 32469, 32472, 32474, 33191, Proposed Rules: 21 CFR Proposed Rules: 33192, 33195 64...... 32885 73...... 31466, 32303 1...... 33211 62...... 32474 514...... 31708 301...... 33211 63...... 31470 48 CFR 558...... 31708 81...... 32474 28 CFR 225...... 31309 870...... 32307 180 ...... 31481, 32029, 32034 1602...... 32859 876...... 30931 0...... 31998 721...... 32003 1615...... 32859 895...... 31299 552...... 32000 Proposed Rules: 1652...... 32859 52 ...... 30965, 30974, 30984, Proposed Rules: 30 CFR Proposed Rules: 15...... 32868 31338, 31867, 32078, 32324, 1...... 32909 558...... 31520 Proposed Rules: 32522, 32870, 32874, 33222, 2...... 31561, 32909 250...... 31560 1308...... 31521 33223 5...... 31561 80...... 31870, 33100 7...... 31561 22 CFR 31 CFR 97...... 30988 8...... 31561 Proposed Rules: 271...... 31338 135...... 31299 10...... 31561 1...... 31336 435...... 31342 145...... 31299 12...... 31561 721...... 32879 Proposed Rules: 32 CFR 15...... 31561, 32909 96...... 32869 745...... 31871 706...... 32002 16...... 31561 120...... 31525 41 CFR 19...... 31561, 32909 123...... 31525 33 CFR 51–6...... 32038 52...... 31561, 32909 125...... 31525 100...... 32466 127...... 31525 117 ...... 30934, 31300, 31466, 42 CFR 49 CFR 23 CFR 31467, 32312, 32467 413...... 31485 10...... 32039 165 ...... 30934, 30935, 30936, 425...... 32692 389...... 32861 Proposed Rules: 31300, 31467, 31843, 32312, Proposed Rules: 1510...... 31850 625...... 31327 32313, 32467, 32468 88...... 32333 24 CFR Proposed Rules: 431...... 31098 50 CFR 100...... 32512 433...... 31098 Ch. IX...... 33157 105...... 32512 438...... 31098 218...... 31310 Proposed Rules: 165...... 32318, 32321 440...... 31098 300...... 32313 91...... 31538 457...... 31098 622...... 30947, 32478 576...... 31538 34 CFR 495...... 31098 635...... 32040, 32478 888...... 31332 Subtitle A ...... 32210 648...... 31864, 32480 43 CFR 222...... 33157 660 ...... 31486, 31858, 32465 25 CFR Proposed Rules: 665...... 31863 502...... 31991 37 CFR 3100...... 31560 679...... 32866 513...... 31991 2...... 33170 697...... 32487 44 CFR 514...... 31991 7...... 33170 Proposed Rules: 516...... 31991 64...... 31847 17 ...... 30990, 31875, 32922 522...... 31991 38 CFR Proposed Rules: 20...... 33223 531...... 31991 Proposed Rules: 67 ...... 32334, 32335, 32336, 32...... 33342 533...... 31991 4...... 32513 32337 218...... 31738 535...... 31991 622...... 31880 556...... 31991 39 CFR 45 CFR 648...... 31343, 31347 559...... 31991 601...... 31844 153...... 33198 660...... 31884
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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 June 5, 2015 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.
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